New York has closed a 117-year-old chapter in its legal history by decriminalizing adultery. Governor Kathy Hochul signed a bill on Friday that repealed an outdated law, which classified infidelity as a class B misdemeanor punishable by up to 90 days in jail. This landmark move follows decades of debate and widespread legislative support.
Adultery Decriminalized in New York
The now-repealed law, enacted in 1907 to discourage divorces, marks a shift towards a more progressive view on personal freedoms. Governor Hochul, notably the first New York governor in nearly two decades with a stable marriage, emphasized the need for this reform. Her three predecessors all faced extramarital scandals that ended their marriages.
“While I’ve been fortunate to enjoy 40 years of a loving marriage with my husband, signing a bill to decriminalize adultery is a bit ironic,” Hochul noted. “However, relationships are complex, and such matters should be resolved privately rather than through the criminal justice system. It’s time to remove this outdated statute.”
Although a state commission recommended repealing the law in the 1960s, the effort stalled for decades. Former Assemblyman Dan Quart reintroduced the proposal in 2020 but left office before its passage. This year, Assemblyman Charles Lavine championed the repeal to completion.
Adultery Laws Across the U.S.
As of 2024, adultery remains a criminal offense in 16 U.S. states, including the Carolinas, Georgia, Mississippi, Utah, Wisconsin, Michigan, and Arizona. Punishments range from fines to prison sentences, although prosecutions are rare. For instance, in Florida, adultery can result in up to 60 days in jail and a $500 fine, while in Illinois, it is classified as a Class A misdemeanor, carrying a maximum penalty of one year in jail and fines up to $2,500.
Conversely, states like California treat adultery solely as a personal matter, with no criminal implications. As a no-fault divorce state, California does not consider marital misconduct when determining alimony or property division.
