In signing the bill, Gov. Kathy Hochul 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 decriminalizing adultery — I know that people often have complex relationships," she 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 Let’s take this silly, outdated statute off the books, once and for all.”
The New York law made it a crime to cheat on your spouse — a misdemeanor that once could have landed adulterers in jail for three months.
Adultery bans are actually law in several states and were enacted to make it harder to get a divorce at a time when proving a spouse cheated was the only way to get a legal separation. Charges have been rare and convictions even rarer. Some states have also moved to repeal their adultery laws in recent years.
New York defined adultery as when a person “engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse.” The state's law was first used a few weeks after it went into effect, according to a New York Times article, to arrest a married man and 25-year-old woman.
State Assemblymember Charles Lavine, sponsor of the bill, said about a dozen people have been charged under the law since the 1970s, and just five of those cases resulted in convictions.
New York came close to repealing the law in the 1960s after a state commission tasked with evaluating the penal code said it was nearly impossible to enforce.
At the time, lawmakers were initially on board with removing the ban but eventually decided to keep it after a politician argued that repealing it would make it seem like the state was officially endorsing infidelity, according to a New York Times article from 1965.
