The repeal of New York’s 1907 adultery law highlights a shift away from criminalizing personal relationships, sparking debate on morality and legality.
Story Highlights
- New York repeals a 117-year-old adultery law, removing criminal penalties for infidelity.
- The law was rarely enforced, with only 13 arrests and 5 convictions over its entire history.
- Governor Kathy Hochul signed the repeal, emphasizing the need to handle personal matters outside the criminal justice system.
- The repeal aligns New York with a national trend towards decriminalizing consensual adult behavior.
New York’s Historic Legal Shift
On November 22, 2024, New York repealed its 1907 adultery law, which had been in place for 117 years. This decision removed the criminal penalties for infidelity, which included up to 90 days in jail and a $500 fine. The law was rarely enforced, with only 13 arrests and 5 convictions despite millions of instances of adultery during its tenure. Governor Kathy Hochul signed the bill, arguing that complex personal relationships should not be matters for the criminal justice system.
The adultery law was originally enacted to discourage divorce by criminalizing infidelity. However, societal norms and legal practices have evolved significantly since then. By the time of its repeal, New York’s adultery law was considered an outdated statute, out of step with modern views on personal privacy and relationship dynamics.
The Repeal’s Broader Implications
The repeal reflects a broader shift towards decriminalization of consensual adult behavior. In New York, adultery remains a factor in divorce proceedings under family law, but criminal charges can no longer be filed. This change aligns with no-fault divorce frameworks, emphasizing civil rather than criminal remedies for personal disputes. The repeal may inspire other states with similar laws to reconsider their statutes, contributing to a nationwide trend toward decriminalization.
Family law practitioners must now adjust strategies, as adultery will no longer provide criminal leverage in divorce settlements. While symbolic, the repeal removes a rarely-used enforcement tool, reflecting societal acceptance that not all moral wrongs warrant legal punishment. This move demonstrates bipartisan consensus on modernizing outdated statutes.
Social and Political Reactions
The repeal was met with minimal opposition, highlighting a consensus on the need to update obsolete laws. Bill Donohue of the Catholic League voiced concerns about societal “coarsening,” but these views did not gain significant traction. The New York Catholic Church acknowledged that not all sins should be crimes, illustrating a nuanced understanding of the distinction between moral judgment and legal statute.
Governor Hochul’s leadership in signing the repeal reflects a willingness to challenge traditional frameworks, distinguishing between personal morality and legal governance. This action positions New York alongside other states that prioritize individual autonomy and privacy in personal relationships.
Sources:
New York State Adultery Law Repealed
New York Adultery Law Repealed
Adultery Is No Longer a Crime in New York State
