New York has officially decriminalized adultery, with Governor Kathy Hochul signing a bill on Friday that repeals a 1907 law making cheating on a spouse a criminal offense. The law, which classified adultery as a class B misdemeanor punishable by up to 90 days in jail, had been largely dormant for decades, yet remained a relic of a bygone era on the state’s books.
“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,” Hochul remarked. She described the law as “silly” and outdated, adding that such private matters should not fall under the purview of the criminal justice system.
State Assemblymember Charles Lavine, who authored the repeal, pointed out that the law was rarely enforced and served no meaningful purpose in modern society. According to Lavine, since the 1970s, only about a dozen people were charged under the statute, with just five convictions. “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,” Lavine explained.
While the law was last invoked in 2010—when a woman was caught engaging in an act in a public park—cases like this were exceedingly rare, and even then, the charges were often dropped or reduced through plea deals.
Critics of the repeal might argue that removing such laws signals a decline in societal standards, but supporters contend that criminalizing adultery is neither enforceable nor an appropriate function of the state. As Hochul noted, relationships are inherently complex, and the role of government should not extend into the private moral failings of individuals.
By repealing the law, New York joins the growing number of states that have opted to take antiquated statutes off the books, focusing instead on laws that address real and present threats to public welfare. While it may raise eyebrows for those nostalgic for stricter moral codes, the repeal reflects a shift toward separating personal issues from criminal law.
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