Adultery is no longer a criminal offense in New York following Governor Kathy Hochul’s decision on Friday to repeal a law dating back to 1907.
The repealed statute in New York’s penal code stated, “A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse.” Previously classified as a Class B misdemeanor, this law could result in a jail sentence of up to three months.
The New York State Senate referred to the law as “outdated” in its rationale for removal. Assemblyman Charles Lavine, who authored the bill to repeal the law, highlighted its limited enforcement over the decades. According to Lavine, there were 13 recorded arrests and charges under this law, with five resulting in convictions. However, he acknowledged that these figures might not fully capture the scope of the law’s application, as some court records are not readily accessible.
The most recent known case involving this statute occurred in 2010 but was ultimately dismissed, underscoring the law’s diminishing relevance and application in modern times.
By signing the repeal, Governor Hochul has brought New York’s legal framework in line with contemporary views on personal relationships and privacy, marking the end of a statute that persisted for more than a century.
