New York has officially ended a 117-year-old chapter in its legal history by decriminalizing adultery. Governor Kathy Hochul signed a bill on Friday that repeals a law that had made infidelity a class B misdemeanor, punishable by up to 90 days in jail. The historic move follows years of debate and overwhelming support from the state legislature, marking a significant step toward personal freedom and modernizing the state’s legal system.
A historic change in legal precedent
The law, originally passed in 1907 with the aim of discouraging divorce, had remained on the books for more than a century despite increasing calls for its repeal.
The law was finally abolished, reflecting New York’s progressive stance on individual rights and relationships. Governor Hochul, who has been married for 40 years, acknowledged the irony of the situation but emphasized the importance of allowing people to handle their matters privately rather than through 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 know that people often have complex relationships,” Hochul said in a statement. “These matters should clearly 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 Let’s take this silly, outdated statute off the books, once and for all.”
Repeal efforts: A long journey
The push to repeal the adultery law began decades ago. In 1967, a state commission recommended its removal, but the proposal failed to gain traction. In 2020, former Assemblyman Dan Quart introduced a bill to repeal the law, but he left office before it could be passed. This year, Assemblyman Charles Lavine took up the cause and successfully navigated the bill through the legislative process.
Adultery laws across the United States
While New York has moved to decriminalize adultery, the practice remains a criminal offense in 16 U.S. states as of 2024. In these states, those found guilty of adultery can face fines or even jail time. The states where adultery is still criminalized include South Carolina, Georgia, Mississippi, Utah, and Florida, among others.
For instance, in Florida, adultery can lead to up to 60 days in jail and a $500 fine under Section 798.01 of the Florida Statutes. In Illinois, adultery is classified as a Class A misdemeanor, with potential consequences of up to one year in jail and fines of up to $2,500.
However, some states, such as California, do not consider adultery a crime. As a no-fault divorce state, California courts do not take a spouse’s infidelity into account when determining matters like property division or alimony. The decriminalization of adultery in New York marks a significant shift in how the law views personal relationships, allowing individuals to handle such matters outside the confines of the criminal justice system.
