N.Y. Gov. Kathy Hochul Repeals 1907 Bill, Making Adultery Legal

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New York Governor Kathy Hochul speaks during a press conference regarding congestion pricing in New York City on November 14, 2024. New York said Thursday it will revive a controversial scheme to charge drivers entering parts of the city, a first in the United States, putting local authorities on a collision course with President-elect Donald Trump. (Photo by ANGELA WEISS/AFP via Getty Images)

OAN Staff Brooke Mallory
10:54 AM – Tuesday, November 26, 2024

In New York, adultery is no longer illegal. On Friday, Governor Kathy Hochul approved the repeal of 1907 legislation that forbade the conduct.

The penal law of New York had previously stated that “a person is guilty of adultery when he/she engages in sexual intercourse with another person at a time when he/she has a living spouse, or the other person has a living spouse.”

The law was considered a Class B misdemeanor if broken, which carries a sentence of up to three months. The New York State Senate referred to the law as “outdated,” labeling it Biblically based.

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 Let’s take this silly, outdated statute off the books, once and for all.”

Convictions have been far more uncommon than charges. In recent years, some states have also taken steps to remove their laws on adultery.

“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,” State Assemblymember Charles Lavine, sponsor of the bill, said in a statement on Friday.

According to him, five individuals were found guilty and 13 others were detained and charged with crimes. However, because some court records are not readily available, the figures could not be entirely correct.

2010 saw the most recent instance, “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,” CBS News reported.

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