In a significant legal move, New York officially abolished a rarely enforced and over a century-old statute that classified adultery as a misdemeanor, a law that could have previously resulted in a three-month jail sentence for unfaithful spouses.
Governor Kathy Hochul took the decisive step of signing the repeal bill, which has its origins in legislation passed in 1907, recognizing that the statute has become obsolete and is no longer practical in contemporary society.
“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 understand the realities of modern relationships,” she stated. “These delicate personal matters should be resolved by those involved and not through our criminal justice system. It is time to take this outdated law off the books, once and for all.”
Adultery laws have been retained in several states, originally created to complicate the divorce process, as having evidence of infidelity was often the only path to a legal separation. However, enforcement of these laws has been exceedingly rare, and in recent years, more states are beginning to follow New York’s lead in repealing similar statutes.
State Assemblymember Charles Lavine, who championed the repeal bill, noted that approximately a dozen individuals have faced charges under this antiquated law since the 1970s, with a mere five cases culminating in actual convictions.
“Laws should serve the purpose of safeguarding our community and deterring harmful behavior. New York’s adultery law, however, fulfilled none of these roles,” Lavine emphasized in his statement on Friday.
Interestingly, the last known prosecution under this law occurred in 2010, involving a woman who was apprehended for engaging in a sexual act in a public park; however, the adultery charge ultimately did not stick, as it was dismissed during a plea agreement.
There had been a serious consideration to repeal this statute back in the 1960s, driven by a state commission that assessed the penal code and concluded that the law was nearly impossible to enforce.
What are the societal implications of New York’s repeal of the adultery law discussed by legal analyst Sarah Thompson?
**Interview with Legal Analyst Sarah Thompson on the Repeal of the Adultery Law in New York**
**Host:** Good evening, everyone. Today, we have a special Alex Reed, legal analyst Sarah Thompson, here to discuss New York’s recent repeal of its adultery law, which classified the act as a misdemeanor. Governor Kathy Hochul signed this significant change into law, officially abolishing a statute that has been in place since 1907. Welcome, Sarah!
**Sarah Thompson:** Thank you for having me! It’s a pleasure to be here.
**Host:** To start off, can you explain the implications of this repeal? Why was this law considered outdated?
**Sarah Thompson:** Absolutely. The law made adultery a misdemeanor, punishable by up to three months in jail. However, it had been rarely enforced and didn’t reflect the values of modern society. With changing views on marriage, personal relations, and individual rights, many legal experts and citizens alike viewed this statute as obsolete and an unnecessary criminalization of personal matters. Governor Hochul noted that while she personally enjoys a loving marriage, she understands that the realities of modern relationships can be complex, and punishing unfaithfulness through criminal law is no longer practical [[1](https://www.yahoo.com/news/adultery-legal-again-york-gov-231900134.html)].
**Host:** That’s an insightful perspective. Do you think this repeal will impact marital relations or divorce proceedings in any way?
**Sarah Thompson:** In terms of marital relations, I believe the repeal may foster open conversations about infidelity without the specter of legal consequences. Couples can navigate their issues without fearing criminal repercussions, which could reduce stigma around discussions of fidelity. However, in divorce proceedings, adultery is often still relevant for issues like alimony or custody, but it will no longer carry a criminal penalty. The focus will shift more towards civil resolution rather than criminal culpability [[1](https://www.yahoo.com/news/adultery-legal-again-york-gov-231900134.html)].
**Host:** It seems like a move towards a more progressive legal framework. Are there similar changes happening elsewhere in the country?
**Sarah Thompson:** Yes, we’ve seen a gradual trend in several states moving away from laws that criminalize personal relationships, including adultery. These changes reflect broader societal shifts toward viewing marriage as a personal contract rather than a legal one, reducing the role of the state in private affairs. Other states are also reviewing similar old laws, recognizing that times have changed [[1](https://www.yahoo.com/news/adultery-legal-again-york-gov-231900134.html)].
**Host:** Thank you, Sarah, for sharing your insights on this noteworthy legal development. It will be interesting to see how this impacts New Yorkers and potentially influences other states to reconsider their own laws.
**Sarah Thompson:** Thank you for having me. It’s always important to stay informed about how our laws evolve with society.
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