New York Assemblyman Charles Levine (D) is looking to repeal an over-100-year-old New York law that classifies adultery as a misdemeanor. The law, which was enacted in 1907, stipulates that cheating on one’s spouse may result in up to three months imprisonment. Despite the law technically still being on the books, it has rarely been enforced in the Empire State.
“It just makes no sense whatsoever, and we’ve come a long way since intimate relationships between consenting adults are considered immoral,” the Democrat lawmaker said regarding his efforts. He continued: “It’s a joke. This law was someone’s expression of moral outrage.”
“The state has no business regulating consensual sexual behavior between adults,” Levine added.
The legislation sponsored by Assemblyman Levine, A.4714, would repeal the misdemeanor charge for adultery — defined as engaging in sexual intercourse when either of the parties is married to another person. Levine’s legislation cleared the State Assembly’s Codes Committee in March, later being adopted by the full chamber by a 137 to 10 vote. The legislation must pass through New York’s state Senate before heading to Democratic Gov. Kathy Hochul to be signed into law.
Records indicate at least 12 individuals have been charged under New York’s adultery law since its inception in 1907. Five of those arrested were convicted, each serving a three-month-long prison term. The last known charge was filed in 2010. It was later withdrawn.
Despite a 1960s initiative to repeal the legislation, the law remained intact, mainly due to concerns that its removal might be misconstrued as a state-sanctioned endorsement of infidelity. Several other states have similar laws which classify adultery as a misdemeanor. Meanwhile, in Oklahoma, Wisconsin, and Michigan, adultery is legally considered a felony.
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