Albany, N.Y. — Amid evolving societal norms and a broader reevaluation of archaic statutes, New York Governor Kathy Hochul has signed legislation that overturns a century-old law criminalizing adultery, officially removing the possibility of imprisonment for the act. Dating back to 1907, this law had become a rarely enforced relic of the past.
In a statement, Governor Hochul emphasized the inappropriate nature of handling marital infidelities through the criminal justice system, advocating for the removal of what she described as a “silly, outdated statute” from the state’s legal books.
Historically, the law allowed for a punishment of up to three months in jail for individuals convicted of adultery. However, the enforcement of this mandate had significantly dwindled over the decades. According to Assemblymember Charles Lavine, who championed the bill, only about a dozen people have been charged under this statute since the 1970s, with a mere five resulting in convictions.
The origins and the intent of such laws were often tied to making divorces more difficult to obtain and were believed by some lawmakers to act as a deterrent against what was once viewed as anti-social behavior. Nevertheless, as Lavine pointed out, the adultery law served neither protective nor deterrent purposes in a contemporary context.
Efforts to discard the law previously surfaced during the 1960s but faced opposition from some political corners, preserving its place in New York’s legal framework until now. The last known attempt to apply the law occurred in 2010, although the charges were eventually dropped.
Across the United States, adultery laws similar to New York’s outdated statute have largely fallen into disuse as changing societal values question the role of such regulations in personal matters.
As part of a broader legislative movement reevaluating and, in numerous instances, repealing outdated laws, New York’s recent legal revision reflects an ongoing shift towards decriminalizing private matters that are increasingly viewed as better suited for personal resolution rather than criminal adjudication.
This legislative change is another step in adjusting the legal landscape to better align with contemporary societal attitudes and the changing dynamics of personal relationships.
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