New York has officially entered a new page in its legal history as it decriminalizes adultery. Governor Kathy Hochul signed a bill on Friday that repealed a 117-year-old statute and previously treated adultery as a Class B misdemeanor, punishable up to 90 days in jail. The repeal follows years of debate and has received overt bipartisan support from the state legislature as a sign of a shift toward a more progressive approach in handling personal matters.
A Historic Move in Personal Freedoms
Infidelity legislation has been in existence since 1907 to prevent divorces; it is now being repealed because the state of New York decides to embrace progressive conceptions toward personal freedom and relationship. Speaking to reporters, Governor Hochul- who has spent 40 years of her life with her husband — said that she supports the move, for “Human relationships are complicated.”.
While I have been blessed to have a wonderful married life with my husband for 40 years — making it somewhat ironic that I would sign a bill decriminalizing adultery — I recognize that people often lead complicated relationships,” Hochul said. “It should be clear that these matters are best resolved between these individuals and not through our criminal justice system. Let’s end this silly, outdated statute once and for all.
A Long History of Debate
It was not an easy road to repeal this law. While the statute was passed in 1907, nothing was done about it even though public opinion began to cry for reform. It was in the 1960s when a state commission proposed repealing the law, but their efforts were not convincing to the legislature, and it remained unchanged for six more decades.
The first genuine movement to repeal the adultery law came in 2020 when Assemblyman Dan Quart presented a bill to remove the adultery law. Nevertheless, his appointment to a judgeship halted the effort. This year, it is Assemblyman Charles Lavine who continued the cause and was able to push through.
Adultery Laws Across the United States
While New York is the last state to abolish adultery as a crime, it remains technically illegal in 16 other states through 2024. In those states, adultery could be punished with jail time or fines, although it is a rarely prosecuted crime. Even in Florida and Illinois, adulterers are still subjects of misdemeanor crimes and punishment under existing law.
For instance, Florida’s statute 798.01 prescribes a penalty of imprisonment of up to 60 days and $500 fine for the offense of adultery. Illinois considers it as a Class A misdemeanor and a sentence up to one year in jail may be imposed along with a fine up to $2,500. California, being a no-fault divorce state, never classifies adultery as a crime and also doesn’t consider marital misconduct while giving judgments for divorces.
Changing Social Attitudes Toward Personal Relationships
The effort to make adultery non-criminal in New York follows a larger shift in societal attitudes toward personal relationships. As more states review and revise antiquated laws, there is a growing realization that relationship problems, such as infidelity, are not matters that criminal law should be applied to but rather matters of personal concern between consenting parties.
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