For more than a century, adultery has remained a criminal offense in New York. However, legislation currently making its way through the state’s legislature seeks to legalize it, potentially bringing an end to a law that has rarely been enforced and carries a penalty of up to three months in jail.
Laws prohibiting adultery, which still exist in several states across the US, were initially introduced to discourage divorce, especially when infidelity was the sole grounds for legal separation. Historically aimed at reducing marital instability, these laws have seen minimal application and are now facing challenges.
New York’s adultery statute, established since 1907, defines adultery as engaging in sexual intercourse outside of marriage. Despite its long-standing presence, enforcement has been extremely infrequent, with only a few charges filed since 1972, and even fewer resulting in convictions.
Assemblyman Charles Lavine, who is sponsoring the bill to repeal the prohibition, argues that the law is outdated and reflects an era of moral oversight that no longer corresponds with contemporary societal norms, as reported by ABC news. Lavine contends that legal authorities should not intervene in the private lives of consenting adults.
Legal experts like Katharine B. Silbaugh suggest that historically, adultery laws targeted women, reflecting patriarchal values aimed at regulating women’s conduct. Concerns have been raised about the constitutionality of adultery statutes, drawing parallels to the Supreme Court’s reassessment of sodomy laws and rulings on same-sex marriage.
Efforts to repeal adultery laws in New York are not unprecedented. In the 1960s, a state commission proposed abolishing the adultery law due to its impracticality. However, resistance from religious groups and concerns about condoning infidelity led to its retention in the penal code.
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