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New York Repeals 117-Year-Old Law Criminalizing Adultery

Governor Kathy Hochul signed a bill decriminalizing adultery, making New York the latest state to abandon outdated marital laws.

Kathy Hochul
Gov. Kathy Hochul signs a bill in Sep. 2021
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Governor Kathy Hochul has signed a bill decriminalising adultery in New York, repealing a law that had been in place for 117 years.

Overview

  • The now-repealed law, enacted in 1907, classified adultery as a class B misdemeanor punishable by up to 90 days in jail or a fine.
  • Governor Kathy Hochul emphasized that personal relationships should not be governed by the criminal justice system, calling the law 'silly and outdated.'
  • Adultery laws were historically intended to deter divorces when proving infidelity was often the only legal path to separation.
  • Since the 1970s, only about a dozen people in New York have been charged under the law, with just five resulting in convictions.
  • While New York has repealed its adultery ban, 16 other U.S. states still consider adultery a criminal offense, though enforcement is rare.