A 117-year-old legislation that considered cheating a crime has been removed in New York by formally abolishing adultery. The old law was repealed on Friday when Governor Kathy Hochul signed the measure. Adultery was categorised as a class B misdemeanour under this rule, which was initially intended to deter divorces and carried a maximum 90-day prison sentence. Decades of discussion and resounding legislative backing led to the outcome.
Governor Kathy Hochul, New York’s first happily married governor in nearly 20 years, led this progressive change. Reflecting on the decision, she said:
“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. 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 Let’s take this silly, outdated statute off the books, once and for all.”
Hochul’s three immediate predecessors faced extramarital scandals, with all their marriages ending in divorce. Her decision marks a significant step toward modernising the state’s approach to personal relationships.
Efforts to repeal the law began as early as 1967, when a state commission recommended its removal. However, the legislature failed to act, leaving the law in place for another six decades. In 2020, former Assemblyman Dan Quart introduced a bill to repeal it, but his departure from office delayed progress. This year, Assemblyman Charles Lavine revived the effort and successfully pushed the repeal through the legislature.
In 2024, adultery remains illegal in 16 U.S. states, including North Carolina, Georgia, Utah, and Michigan. These states impose penalties such as fines or jail time for those found guilty.
For example:
Florida: Adultery can result in up to 60 days in jail and a $500 fine.
Illinois: Cheating is classified as a Class A misdemeanor, punishable by up to one year in jail and fines reaching $2,500.
Although rare, charges and convictions still occur in these states, keeping the outdated laws on their books.
On the other hand, states like California have decriminalised adultery entirely. California, a no-fault divorce state, does not consider infidelity when deciding property division or alimony. This approach reflects a shift toward prioritising personal privacy and modern values.
New York’s repeal of its adultery law marks a pivotal moment in updating its legal framework. By removing this outdated statute, the state aligns with contemporary views on personal freedoms. The decision reinforces the idea that private relationships should remain outside the scope of criminal law.
