In a significant legislative move, New York has officially abolished an archaic law that criminalized adultery. This outdated statute, which had been in existence since 1907, categorized cheating on one’s spouse as a misdemeanor, potentially leading to a three-month jail sentence for those found guilty. Governor Kathy Hochul enacted the repeal on Friday, reflecting a broader recognition of the law’s obsolescence and the complications surrounding personal relationships.
Governor Hochul remarked on the irony of her signing the bill, highlighting her own 40-year marriage while expressing understanding of the intricate dynamics within marital relationships. She emphasized that such matters ought to be resolved privately rather than through the criminal justice system, stating, “Let’s take this silly, outdated statute off the books, once and for all.”
Historically, laws against adultery were introduced in various states as a means to complicate the process of divorce. At a time when proving infidelity was necessary for legal separation, these laws were seen as a deterrent. However, instances of prosecution under these laws have been extremely infrequent, with some states beginning to revoke similar statutes in recent years due to their impracticality.
The previous New York law defined adultery as engaging in sexual relations with someone while still having a spouse. Notably, this statute was first applied shortly after its enactment, resulting in the arrest of a married man and another individual 25 years his junior. According to information shared by State Assemblymember Charles Lavine, the sponsor of the repeal bill, only about a dozen people have been charged under this law since the 1970s, with just five resulting in convictions.
The last recorded application of the adultery law in New York dates back to 2010 when a woman was charged after being caught in a sexual act in a park; however, this charge was ultimately dismissed following a plea agreement. Attempts to repeal the law were previously made during the 1960s when a state commission suggested that enforcement was nearly unfeasible. Although there was initial legislative support for the repeal, concerns arose that such an action might imply state endorsement of infidelity, leading to its continued presence on the legal books.
In sum, the repeal of New York’s adultery law marks a progressive step in acknowledging personal freedom and the complexities of relationships, favoring private resolution over criminal prosecution for matters of the heart.