New York Officially Decriminalizes Cheating On One’s Spouse

Hochul found her repeal of the adultery law "somewhat ironic" given her own marital status.

New York has decriminalized infidelity in one’s marriage. The ruling makes cheating on your spouse no longer punishable by law.

Gov. Kathy Hochul signed a bill on Nov. 22 that officially repealed a 117-year-old law on adultery. Until this point, the “crime” was considered a class B misdemeanor, for which one could serve up to 90 days in jail.

Hochul deemed the law as “silly” and “outdated.” She called adultery a personal matter that should not be handled by the state.

“These matters should clearly be handled by these individuals and not our criminal justice system,” explained the governor, as reported by Gothamist. “Let’s take this silly, outdated statute off the books, once and for all.”

The law specifically targeted those who “engage(d) in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse.” Therefore, even those who were unmarried yet had an intimate affair with someone who was could face consequences.

Hochul also found her repeal of the law “somewhat ironic,” given her own marital status. The elected official married her husband, Bill Hochul Jr., 40 years ago in 1984. Now, under her leadership, New York no longer reigns among the 16 states that still have laws against adultery.

Most of those states have marital infidelity listed as a misdemeanor, like New York. However, states such as Oklahoma, Michigan, and Wisconsin consider it a felony, with the latter having fines of as much as $10,000 with three and a half years of potential prison time.

Despite this, adultery laws are rarely enforced. In the Empire State specifically, the law was last used in 2014 against a married woman caught having sexual intercourse with a man in a public park. Authorities later dropped the adultery charge.

State lawmakers, such as Assemblymember Charles Lavine of Long Island, sponsored the bill that passed earlier this year. While deemed insignificant on the surface level, those sponsoring the bill called it a greater call to ensure reproductive rights. The issue was also a major focal point for the Presidential election.

“We are all in danger of losing our rights,” explained Lavine, as reported by Newsweek. “Those most likely to be prosecuted for this crime, not only in New York but throughout the United States and even worldwide, are women. I think it’s time for our state legislatures throughout the United States to stand up for human rights. And women’s rights are human rights.”