Cheating on Your Spouse Is No Longer a Crime in New York, 116-Year-Old Adultery Law Repealed

New York has officially decriminalized adultery, repealing a law dating back to 1907 that made it a misdemeanor to cheat on one’s spouse. Governor Kathy Hochul signed the bill on Friday, dismissing the statute as a relic of a bygone era. Under the law, infidelity could result in up to three months in jail, though charges and convictions were exceedingly rare.

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 Let’s take this silly, outdated statute off the books once and for all.”

Adultery bans were once common across the United States, originally enacted to make divorce more challenging at a time when proving infidelity was often the only path to legal separation. Over time, many states, including New York, have moved to repeal or ignore these laws due to their difficulty to enforce and shifting societal attitudes.

The law defined adultery as sexual intercourse involving at least one married person. It was rarely used; only about a dozen charges were filed under the law since the 1970s, with just five resulting in convictions, according to State Assemblymember Charles Lavine, who sponsored the bill.

“Laws are meant to protect our community and deter anti-social behavior. New York’s adultery law advanced neither purpose,” Lavine said in a statement.

The last recorded use of the law was in 2010 when a woman was charged after being caught in a public sex act. However, the adultery charge was dropped as part of a plea deal.

Efforts to repeal the law date back to the 1960s when a state commission found it nearly impossible to enforce. However, lawmakers at the time ultimately decided to keep the ban after concerns that its removal would be seen as condoning infidelity.