Legal punishment for adultery in New York explored as the state might repeal the law introduced in 1907

A law passed more than a century ago in New York state states that adultery is officially illegal. However, a new bill is trying to repeal this law.

As per the previous law, adultery is a crime and carries a maximum sentence of three months in jail. However, a bill that is making its way through the New York Legislature will eventually remove the little prosecuted statute, making adultery legal.

The original purpose of adultery laws was to stop divorces, especially those in which adultery was the only reason for filing for divorce. However, these laws have not been used much and are currently facing challenges.

Adultery is still punishable by a maximum sentence of three months in jail and a fine of $500 as a Class B misdemeanor. Due to the seldom application of the statute, prosecuting someone for adultery may also draw unwelcome media attention to their private marriage and extramarital affairs.

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Law regarding adultery in New York might be repealed

In New York, adultery has been a crime for more than a century. But now, a bill making its way through the state assembly seeks to legalize it.

According to New York's 1907 definition of the crime, having a physical relationship outside of marriage is considered adultery. Though the accusations are rare, adultery bans are still in place in several states in the United States. Since 1907, adultery in the state of New York has been categorized as a misdemeanor, a low-level criminal offense.

Historically, states in the US have implemented legislation of this kind in an effort to lower the divorce rate, as getting a divorce was the only method to end a marriage that involved adultery.

The class B misdemeanor of adultery carries a maximum sentence of three months in prison or a year of probation. This criminal prosecution is unusual, but it is nevertheless possible and carries a class B misdemeanor punishment that includes up to $500 in fines.

Though it has been in place for a long time, enforcement has been unusual. Since 1972, there have been very few charges, and even fewer have resulted in convictions. Just over a dozen people have been accused under New York's statute since 1972, and only five of those cases have resulted in convictions, according to Assemblyman Charles Lavine, the bill's sponsor.

According to ABC News, Assemblyman Charles Lavine, the sponsor of the measure to remove the ban, claimed that the rule is out of date. He stated that the government should not be invading the private lives of consenting persons.

Lavine further stated,

"It just makes no sense whatsoever, and we’ve come a long way since intimate relationships between consenting adults are considered immoral.”

He further said,

“It’s a joke. This law was someone’s expression of moral outrage."

On the other hand, according to Katharine Silbaugh, a law professor at Boston University and co-author of A Guide to America's Sex Laws, adultery restrictions are intended to penalize women.

"Let's just say this: patriarchy."

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Before going to the governor's office for a signature, the adultery prohibition repeal measure must pass the state assembly and then the state senate.

On the other hand, several states, like New Hampshire and Colorado, have taken steps to repeal their adultery statutes by presenting reasons that are comparable to those put up in New York.