- By Shivangi Sharma
- Sat, 23 Nov 2024 03:09 PM (IST)
- Source:JND
Adultery is no longer a crime in New York, marking the end of a 117-year-old legal provision that classified the act as a class B misdemeanour. Governor Kathy Hochul signed a bill on Friday repealing the outdated law, which previously allowed for penalties of up to 90 days in jail for those found guilty of extramarital affairs.
Governor Hochul, while noting the irony given her 40-year marriage, emphasised that adultery involves 'complex relationships' best addressed personally, not through the criminal justice system. She called the law 'silly and outdatedurging its removal.
Adultery bans, once used to complicate divorce proceedings by requiring proof of infidelity, remain law in several states, though charges and convictions are rare. Many states have recently moved to repeal these outdated statutes.
New York’s Definition Of Adultery
New York's adultery law defined the act as engaging in sexual intercourse while either party has a living spouse. Shortly after its enactment, it was first used to arrest a married man and a 25-year-old woman, as reported by The New York Times.
New York's adultery law was last invoked in 2010 against a woman caught in a park, though the charge was dropped in a plea deal. Efforts to repeal the law nearly succeeded in the 1960s, as a state commission deemed it almost unenforceable.
The bill to repeal New York's adultery law passed nearly unanimously in the Legislature, with only a few opposing votes, including Republican Senator James Tedisco. Since 1972, only about a dozen people have been charged under the law, resulting in just five convictions. The last known charge, in 2010, was dropped in a plea deal.
Most states with adultery laws classify them as misdemeanours, but Oklahoma, Wisconsin, and Michigan consider adultery a felony. Some states, like Colorado and New Hampshire, have repealed these laws, citing arguments similar to those made by Assemblyman Lavine.
