New York Repeals Century-Old Law Making Adultery a Crime
New York repealed a seldom-used law on Friday that made it a crime to cheat on your spouse, a misdemeanor that once could have landed adulterers in jail for three months.
A History of the Law
The law, which dates back to 1907, was enacted to make it harder to get a divorce at a time when proving a spouse cheated was the only way to get a legal separation. Adultery bans are actually law in several states, but this law was considered antiquated and difficult to enforce.
Gov. Kathy Hochul signed a bill repealing the statute, citing that people often have complex relationships and that these matters should be handled by the individuals involved, not the criminal justice system. She said, “While I’ve been fortunate to share a loving married life with my husband for 40 years — making it somewhat ironic for me to sign a bill decriminalizing adultery — I know that people often have complex relationships. Let’s take this silly, outdated statute off the books, once and for all.”
Charges have been rare and convictions even rarer under this law. According to State Assemblymember Charles Lavine, sponsor of the bill, about a dozen people have been charged under the law since the 1970s, and just five of those cases resulted in convictions. The state’s law appears to have last been used in 2010, against a woman who was caught engaging in a sex act in a park, but the adultery charge was later dropped as part of a plea deal.
New York came close to repealing the law in the 1960s after a state commission tasked with evaluating the penal code said it was nearly impossible to enforce. At the time, lawmakers were initially on board with removing the ban but eventually decided to keep it after a politician argued that repealing it would make it seem like the state was officially endorsing infidelity.
The repeal of this law marks a significant step forward in New York’s efforts to modernize its criminal code. By removing this outdated law, the state is recognizing that relationships are complex and that individuals should be able to handle their own affairs without fear of criminal prosecution.
Q: Why was the law repealed?
A: The law was repealed because it was considered antiquated and difficult to enforce. It was also recognized that relationships are complex and that individuals should be able to handle their own affairs without fear of criminal prosecution.
Q: When was the law enacted?
A: The law was enacted in 1907.
Q: How many people have been charged under the law?
A: According to State Assemblymember Charles Lavine, about a dozen people have been charged under the law since the 1970s.
Q: What was the last time the law was used?
A: The law appears to have last been used in 2010, against a woman who was caught engaging in a sex act in a park, but the adultery charge was later dropped as part of a plea deal.
