OAN Staff Brooke Mallory
10:54 AM – Tuesday, November 26, 2024
Adultery is no longer illegal in New York. On Friday, Gov. Kathy Hochul approved repealing a 1907 law that prohibited the practice.
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New York state criminal law previously provided that a person commits adultery if he or she has sexual intercourse with another person in the presence of a surviving spouse or while the other person has a surviving spouse.
Violating this law is considered a Class B misdemeanor, punishable by up to three months in prison. The New York State Senate called the law “outdated” and labeled it not based on the Bible.
“I've been lucky enough to have been happily married to my husband for 40 years, so it's a bit ironic that I'm signing a bill that decriminalizes adultery, but relationships are often complicated. I know there is,” Hochul said. “These issues clearly should be handled by these individuals, not our criminal justice system. Let's get this stupid, outdated law off the books once and for all.”
Conviction is much more rare than indictment. In recent years, some states have also taken steps to repeal adultery laws.
“The law is intended to protect our communities and act as a deterrent to anti-social behavior. New York State's adultery law furthered neither objective,” the bill's sponsors said. said state Rep. Charles Lavin in a statement Friday.
He said five people were found guilty and 13 others were detained and charged with crimes. However, this number may not be completely accurate as some court records are not readily available.
The most recent case occurred in 2010, when a woman was caught having sex in a park, but the adultery charges were later dropped as part of a plea deal. CBS News Reported.
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