New York’s SHOCK Move: Adultery Law Erased

A couple embracing, with one partner comforting the other who is in distress

New York’s repeal of a 1907 adultery law raises questions about the erosion of traditional values.

Story Overview

Adultery is no longer a criminal offense in New York as of November 22, 2024.
The law was considered outdated and rarely enforced.
Adultery remains a factor in divorce proceedings, influencing settlements.
This repeal reflects broader trends in U.S. law and society.

Adultery Decriminalized in New York

On November 22, 2024, New York Governor Kathy Hochul signed a bill that repeals a 1907 law criminalizing adultery. This law, which was one of the oldest of its kind in the United States, made adultery a misdemeanor punishable by up to 90 days in jail.

Despite its long presence on the books, the law was rarely enforced, with fewer than a dozen charges and only five convictions since the 1970s.

The repeal is seen as part of a larger trend towards modernizing state legal codes and reflecting changing societal attitudes. Proponents argue that such laws are outdated, unnecessary, and infringe on personal privacy.

However, many conservatives see this as another step away from traditional values, raising concerns about the loss of moral standards in legal systems.

Implications for Divorce Proceedings

While adultery is no longer a criminal offense, it remains a significant factor in divorce proceedings in New York. Legal experts clarify that adultery can still influence settlements, particularly in terms of asset division and custody arrangements. This distinction underscores the ongoing relevance of marital fidelity in civil law, even as its criminal dimensions are removed.

The repeal aligns New York with most other states, as only 17 states had similar laws prior to this change. Legal professionals anticipate that family law practices may increasingly focus on civil, rather than criminal, remedies for issues arising from adultery.

Reflecting Broader Social Trends

The decision to repeal is not isolated but part of a broader movement across the United States to decriminalize private consensual behavior. This shift is seen by some as a positive development towards greater personal freedom and privacy.

However, critics argue that it may reflect a societal drift away from accountability and traditional family values.

Governor Hochul and other supporters of the repeal emphasize the importance of privacy and autonomy in personal relationships. Yet, the decision continues to fuel debate on the balance between modernizing laws and preserving core societal values.