New York has officially closed the chapter on one of its most outdated laws—adultery, which had been criminalized since 1907 and punishable by up to three months of jail time. On November 22, 2024, Governor Kathy Hochul signed the bill repealing this archaic statute, recognizing its growing irrelevance over the decades.
When the law was first enacted, it was intended to uphold morality and discourage divorce by making extramarital affairs illegal. Yet, as societal norms evolved, the practicality and fairness of enforcing such laws diminished significantly. The law had become largely symbolic, with very few charges ever being brought against individuals for adultery. According to Assemblyman Charles Lavine, who sponsored the repeal, only 13 people have faced charges under this statute since the 1970s, and only five were convicted.
Governor Hochul, reflecting on the irony of her signing this law after four decades of marriage, emphasized the need for personal relationships to be managed outside of the criminal justice system. “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 understand people often have complex relationships,” she stated. She added, “Let’s take this silly, outdated statute off the books once and for all.”
The last notable use of the adultery law was reported back in 2010, when law enforcement charged a woman for reportedly having sexual relations with another man, catching them at a public park. Despite the charge, it was later dropped under plea negotiations. This scant level of enforcement only highlighted how seldom local authorities turned to this measure, considering the substantial challenges involving privacy and consent.
Despite the long history of laws against adultery, New York is not alone. At least 16 other states still hold on to similar criminalization of infidelity, but the repeal of New York's law adds momentum to the growing movement across the nation to view marital infidelity as a private issue rather than one for criminal law. When the law was first introduced, proving adultery often served as grounds for divorce; the sheer idea of keeping such provisions today seems increasingly absurd to many advocates who argue personal matters should remain strictly personal.
New York's repeal is indicative of how far society has come when it addresses fidelity and relationships. It highlights the arguments made by various lawmakers who believe criminalizing infidelity does not serve to protect communities or act as real deterrents against anti-social behavior, as Lavine articulated. “Laws are meant to protect our community and to serve as deterrents to anti-social behavior. New York's adultery law advanced neither purpose,” he pointed out.
Looking back, the notion of protecting societal morals through legal repercussions has proven ineffective and misguided. Hochul's signing was met with applause from advocates who treat this as pivotal progress toward individual rights and personal agency when it concerns private relationships. Following the repeal, it is clear personal disputes and issues related to fidelity will now be relegated to the individuals involved.
The question lingers—are more states poised to follow New York’s lead? The broader societal shift toward accepting complicated personal relationships without the lens of law enforcement may soon gain traction, leading to the possibility of even more outdated statutes being rescinded across the country. Adultery may no longer be punishable by law, but it remains entrenched within the ethical frameworks of individual couples, making it their responsibility to navigate those waters.
Moving forward, the new law imbues a sense of autonomy and respect for personal life. Individuals are encouraged not only to understand their relationships on their terms but also to connect with their partners without the looming threat of legal repercussions hanging overhead. Perhaps, this marks the beginning of letting go of outdated notions associated with personal affairs and acknowledging them as part of the human experience—complex and varied as they may be.
