Centuries-Old Adultery Law Repealed!

A woman looking concerned while a man appears distressed in the background

A century-old law criminalizing adultery has been repealed, sparking discussions on morality, legality, and privacy.

Story Highlights

New York repeals a 1907 law criminalizing adultery.
Governor Hochul signs the repeal bill, emphasizing privacy in personal relationships.
The law was rarely enforced, with only 13 arrests in 117 years.
Repeal reflects broader trends of decriminalizing consensual adult behavior.

New York’s Adultery Law Repeal: A Shift in Legal Priorities

On November 22, 2024, New York State repealed a 117-year-old statute that made adultery a misdemeanor. Governor Kathy Hochul signed the bill into law, emphasizing that complex relationship issues should reside outside the criminal justice system. This law, rarely enforced over its lifespan, carried penalties of up to 90 days in jail and a $500 fine, yet only saw 13 arrests and 5 convictions due to its impracticality.

The repeal aligns with modern legal principles, recognizing that consensual adult behavior should not be criminalized. Most states have abandoned similar statutes, reflecting societal shifts toward prioritizing individual privacy over outdated moral codes. By removing Section 255.17, New York joins a majority of states in acknowledging that adultery’s place is within civil, not criminal, courts.

Historical Context and Legislative Journey

The 1907 adultery law was introduced to curb divorce by criminalizing infidelity, serving both moral and legal functions. Despite efforts in the 1960s to repeal it, political pressure preserved the statute. Over the decades, enforcement was sporadic, with the last recorded charge dismissed in 2010. This legislative journey underscores the law’s redundancy and the changing landscape of societal norms.

Governor Hochul, married for 40 years, highlighted the irony of signing the repeal while underscoring the need for such matters to be resolved privately. Assemblymember Charles Lavine, who sponsored the repeal, cited the law’s ineffectiveness, noting its failure to protect communities or deter behavior. This repeal, supported by empirical evidence, reflects a broader cultural acceptance of personal autonomy.

Implications of the Repeal

The repeal eliminates the possibility of criminal charges for adultery in New York, a change symbolic of broader cultural shifts. While adultery remains a factor in divorce proceedings, it no longer holds criminal weight, impacting how family law practitioners approach contested divorces. This shift encourages a focus on civil remedies and aligns with no-fault divorce trends.

Economically, the repeal has minimal direct impact, though it alters dynamics in divorce litigation. Socially, it reflects increased acceptance of privacy and autonomy in personal relationships. Politically, the repeal shows a consensus on modernizing archaic laws, with little opposition from traditional institutions who acknowledge the distinction between sin and crime.