Spousal cheating is technically illegal in New York state under a law passed more than 100 years ago, but one lawmaker is aiming to change the law.
Under a law passed in 1907, adultery in the Empire State remains a misdemeanor, punishable by up to three months in prison. But a bill moving through the New York state legislature would finally repeal this rarely punishable law that legalized adultery.
“It makes no sense and we’ve come a long way since intimate relationships between consenting adults are considered immoral,” said Rep. Charles Lavin, the sponsor of the adultery bill. Stated. “You’re kidding. This law is someone’s expression of moral outrage.”
“States do not have the authority to regulate consensual sex between adults,” added Democratic Rep. Rabin.
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Under a law passed in 1907, adultery in New York remains a misdemeanor, punishable by up to three months in prison. (Getty Images)
Lavigne’s bill, A.4714, would decriminalize the act of adultery, which state law defines as when a person “has sexual intercourse with another person in the presence of a surviving spouse or while the other person has a surviving spouse.” ing.
The new bill passed unanimously out of the Code Committee in early March and passed in the full chamber on Monday by a vote of 137-10. The bill must pass the Senate before being signed into law.
The last adultery charge filed in New York state was in 2010 against a woman who was caught having sex in a public park. It was later dropped.
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Only about a dozen people have been charged under New York state’s adultery laws, and only five have resulted in convictions. They were then sentenced to 90 days in prison.
Spousal cheating is illegal in New York, but the state may soon change that. A bill moving through the New York state legislature could repeal a more than 100-year-old law criminalizing adultery. (AP Photo/Bebeto Matthews)
Lavigne said the government shouldn’t punish acts done by consenting adults behind closed doors.
The law was nearly repealed in the 1960s following a review of the entire criminal code by a state commission. The commission’s leader said adultery was “not a matter of law, but a matter of personal morality.”
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However, the system was left in place because politicians argued that abolishing it could make it look like the state was endorsing adultery.
More than a dozen states still have adultery laws, including states like Oklahoma, Wisconsin and Michigan, where adultery is a felony. (Lokman Vral Elibor/Anadolu via Getty Images)
More than a dozen states that still have adultery laws classify adultery as a misdemeanor.
Adultery is a felony in Oklahoma, Wisconsin, and Michigan.
The Associated Press contributed to this report.
