New York decriminalises adultery after more than a century

NEW YORK – Cheating on your spouse is no longer a crime in New York.

Governor Kathy Hochul signed a Bill on Nov 22 repealing an obscure and rarely enforced law that made adultery punishable by up to three months in prison.

“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 decriminalising adultery – I know that people often have complex relationships,” Ms Hochul said.

“These matters should clearly be handled by these individuals and not our criminal justice system.”

Adultery had been a crime in New York since 1907, and it was a class B misdemeanour to engage in sexual intercourse with another person while having a living spouse or with another person who has a living spouse.

But only 13 people had been charged with adultery since 1972 and just five were convicted, according to assembly member Charles Lavine, who sponsored the Bill. 

“This outdated statute criminalises sexual behaviour between consenting adults,” Mr Lavine, who represents parts of Long Island, said earlier in 2024. 

The most recent case of adultery in New York appears to have been filed in 2010, when a woman was caught in a public park engaging in a sexual act, but it was dropped as part of a plea bargain, according to the Associated Press. 

There are several other states in the US where adultery is illegal. It is even considered a felony in Oklahoma, Michigan and Wisconsin. 

During the floor vote for the Bill in April, 57 state senators voted in favour of abolishing the adultery law, while only four voted against. 

Among the dissenters was Senator Joseph P. Addabbo Jr, who represents parts of Queens. 

“I thought it was horrible timing,” he said by phone, adding that the state was in the middle of budget negotiations when the Bill tackling adultery reached the floor. “Let’s get the budget done, and then we can deal with these issues.” BLOOMBERG