Governor Hochul Repeals Controversial New York Adultery Law

In a move reflective of modern values, New York has repealed a century-old law that criminalized adultery.

At a Glance

Governor Kathy Hochul repealed the 1907 adultery law in New York.
The repeal reflects contemporary views on personal rights.
Adultery remains punishable in 16 other U.S. states.
The repeal had wide support from New York lawmakers.

Repealing an Outdated Law

New York Governor Kathy Hochul has repealed a 1907 adultery law that made extramarital affairs a misdemeanor. This law had lain dormant with rare enforcement, reflecting its controversial status. It marks a significant move towards aligning laws with modern societal norms, focusing on personal rights rather than state intrusion into private lives.

Governor Hochul responded to long-standing advocacy efforts, notably by State Sen. Liz Krueger and Assemblymember Charles Lavine, who argued for less state involvement in personal affairs. Critics also noted the law’s discriminatory impact on women. The repeal places New York alongside states like Pennsylvania and Colorado, which have also decriminalized adultery.

Adultery is no longer a crime in New York.

Gov. Kathy Hochul signed a bill on Friday repealing a 117-year-old state law that criminalized adultery, which had been a class B misdemeanor punishable by up to 90 days in jail. https://t.co/jWx3HPfiWH

— WNYC 🎙 (@WNYC) November 22, 2024

National and International Concerns

The United Nations Human Rights Commission and other groups have criticized criminal penalties for adultery, emphasizing that they often unfairly target women. Although New York’s law was rarely used, with only ten charges since 1979, its existence spotlighted the need for legal reform.

“Laws are meant to protect our community and to serve as a deterrent to anti-social behavior. New York’s adultery law advanced neither purpose.” – Charles Lavine

It’s important to note that adulterous acts remain illegal in 16 U.S. states, including Michigan and Massachusetts, with penalties ranging up to prison sentences. In contrast, California takes a no-fault approach to adultery, removing it from the criminal sphere entirely.

New York repealed on Friday a seldom-used law over a century old that made it a crime to cheat on your spouse – a misdemeanor that once could have landed adulterers in jail for three months. https://t.co/4tug2d3CEB

— The Washington Times (@WashTimes) November 23, 2024

Legislative and Social Implications

The repeal reflects an evolving legal landscape in New York where personal freedoms take precedence. Hochul, who has enjoyed a long, stable marriage, underscored the absurdity of criminalizing such personal issues, calling the statute “silly” and overdue for removal.

“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 know that people often have complex relationships. 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.” – Gov. Kathy Hochul

The last known prosecution under this law occurred in 2010, emphasizing its obsolescence. Assemblyman Charles Lavine and others initiated this change, striving for legal codes that better represent current cultural and ethical standards.