Cheating on your spouse no longer crime in New York, with repeal of little-known 1907 law

New York repealed on Friday (November 22) a seldom-used law over a century old that made it a crime to cheat on your spouse — a misdemeanour that once could have landed adulterers in jail for three months.

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Gov Kathy Hochul signed a bill repealing the statute, which dates back to 1907 and has long been considered antiquated as well as difficult to enforce.

“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,” she said.

“These matters should 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 Let’s take this silly, outdated statute off the books, once and for all.”

Adultery bans are law in several states and were enacted to make it harder to get a divorce at a time when proving a spouse cheated was the only way to get a legal separation. Charges have been rare and convictions even rarer. Some states have also moved to repeal their adultery laws in recent years.

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New York defines adultery as when a person “engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse.” The state’s law was first used a few weeks after it went into effect, according to a New York Times article, to arrest a married man and a 25-year-old woman.

State Assemblymember Charles Lavine, the sponsor of the bill, said about a dozen people have been charged under the law since the 1970s and just five of those cases resulted in convictions.

The state’s law appears to have last been used in 2010, against a woman who was caught engaging in a sex act in a park, but the adultery charge was later dropped as part of a plea deal.

New York came close to repealing the law in the 1960s after a state commission tasked with evaluating the penal code said it was nearly impossible to enforce.

At the time, lawmakers were initially on board with removing the ban but eventually decided to keep it after a politician argued that repealing it would make it seem like the state was officially endorsing infidelity, according to a New York Times article from 1965.