Adultery is no longer illegal in New York

In a historic move, New York has repealed its 1907 law criminalizing adultery, marking a shift away from outdated legal norms. Governor Kathy Hochul signed the repeal into law on November 22, removing what many saw as an antiquated and unenforceable statute. The law previously categorized adultery as a Class B misdemeanor, carrying a potential sentence of up to 90 days in jail, although it was rarely enforced.

The Road to Repeal

The law, which defined adultery as sexual intercourse involving at least one married party, had not resulted in significant legal action for decades. Since 1972, only 13 individuals have been charged, and five were convicted. Assemblyman Charles Lavine, who sponsored the bill to repeal the law, described it as a relic of a bygone era. "The government has no place in the bedrooms of consenting adults," Lavine stated, emphasizing the need for privacy and personal autonomy.

The New York State Senate referred to the law as “outdated,” pointing out its incompatibility with modern legal and social standards. The most recent case under the statute occurred in 2010 but was dismissed, highlighting its limited applicability.

A Broader Context: Adultery Laws in the U.S.

While New York joins the ranks of states abandoning such legislation, adultery remains a criminal offense in 16 U.S. states, including Florida and North Carolina. These laws often originate from an era when legal systems sought to impose moral behavior through criminal statutes. Experts argue that these laws now serve little purpose, given evolving societal attitudes and the complexities of modern relationships.

Critics of adultery laws argue they disproportionately affect women and are rarely invoked outside contentious divorce cases. "These laws perpetuate gender inequality and misuse the legal system for moral policing," said legal expert Sarah Kleinfeld.

Public and Expert Reactions

The repeal has sparked mixed reactions. Supporters hail it as a victory for personal freedom and a step toward aligning New York’s laws with contemporary values. Opponents argue the decision could erode accountability within marriages.

Governor Hochul framed the repeal as an effort to modernize the state’s legal code, stating, "This change reflects the progress we've made in protecting personal rights."

What This Means for New Yorkers

The repeal is unlikely to have immediate practical consequences, as adultery cases were already rare. It removes a potential tool for legal manipulation and sends a message about the state’s priorities. For many, this change symbolizes a broader cultural shift toward respecting individual choices.

The move invites a reevaluation of other archaic laws across the U.S., encouraging a dialogue about the role of morality in legal frameworks.

New York Abandons Adultery Ban After More Than a Century