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Published on November 24, 2024
New York Decriminalizes Adultery as State Repeals Century-Old LawSource: Wikipedia/Metropolitan Transportation Authority, CC BY 2.0, via Wikimedia Commons

In a significant shift in New York's legal stance on personal matters, Gov. Kathy Hochul has signed off on legislation that eliminates a century-old law criminalizing adultery. As reported by CBS News, this move acknowledges the complexity of personal relationships and the impracticality of criminalizing infidelity.

Historically, this law, dating back to 1907, deemed it a misdemeanor to engage in sexual relations with someone other than one's spouse, with potential consequences including jail time. Despite its longevity on the books, the law was infrequently invoked, leading to just about a dozen charges since the 1970s, and fewer convictions, as detailed in the report by CBS News. Gov. Hochul, celebrating her 40th anniversary of marriage, found the act of signing the bill somewhat ironic, yet necessary, stating, "These matters should clearly be handled by these individuals and not our criminal justice system. Let's take this silly, outdated statute off the books, once and for all."

The most recent application of the adultery law was in 2010 when a woman was apprehended in a public setting, but the resulting charges were subsequently dropped in a plea agreement. This event, perhaps illustrating the outdated nature of the law, was cited by Crain's New York as an example of the law's decline into obsolescence.

Backing this legislative change, State Assemblymember Charles Lavine called the statute out of date, suggesting it wrongly criminalized the consensual sexual behavior of adults. Despite the broad support, certain lawmakers like Sen. Joseph P. Addabbo Jr. expressed dissent, pointing to the incongruity of the bill's timing amidst critical budget discussions, as conveyed in his telephone interview with Crain's New York.