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ADULTERY Now OK In NY – Legally Speaking
Governor Kathy Hochul repealed New York’s century-old adultery law, marking a significant shift in the state’s legal stance on personal relationships. Advocates argue the repeal aligns legal expectations with current social norms. Adultery remains a criminal act in 16 other U.S. states.
Repeal Decision Details
New York Governor Kathy Hochul signed legislation repealing a 1907 adultery law, decriminalizing a controversial statute long considered outdated. The original law classified adultery as a Class B misdemeanor, punishable by up to 90 days imprisonment. Despite its presence, the law saw little enforcement, with only ten cases prosecuted as the highest-level offense since 1979. Hochul’s decision follows footsteps of several states that chose to repeal similar statutes, moving away from judicial intervention in private matters.
State Senator Liz Krueger and Assemblymember Charles Lavine, who sponsored the repeal bill, have long emphasized the necessity of modernization. They stressed that the old statute failed to represent contemporary views on personal rights and equality. Critics argued that the law disproportionately impacted women and unfairly governed private matters. Hochul’s stance clearly aligns with these changes, stating that “these matters should clearly be handled by these individuals and not our criminal justice system.”
Adultery is no longer a crime in NYGov. Hochul signed a bill Friday repealing a 117-year-old state law that criminalized adultery, which had been a class B misdemeanor punishable by up to 90 days in jail https://t.co/Ypmp8DBgwA
— Julie Walker (@jwalkreporter) November 23, 2024
Historical Context and Impact
The now-repealed law was intended to deter divorces, defining adultery as engaging in sexual intercourse with someone other than a spouse and punishable by a short jail sentence. In practice, however, it became a seldom-used instrument with the last known case in 2010 ending in a plea deal. Critics argued that outdated adultery laws do not serve their intended purpose and have long been contrary to modern beliefs about marriage and sexuality.
New York joins Pennsylvania, Colorado, Utah, and the District of Columbia, which decriminalized adultery during previous legislative sessions.
Meanwhile, it remains a criminal offense in 16 U.S. states, including North Carolina and Georgia, though charges and convictions are rare. Despite its decriminalization in New York, concerns remain; the United Nations Human Rights Commission highlighted how such laws disproportionately affect women globally, sometimes resulting in severe punishment.
Governor Kathy Hochul signed a bill on Friday repealing a 117-year-old New York state law that criminalized adultery, previously classified as a Class B misdemeanor punishable by up to 90 days in jail https://t.co/YTN7JCNgFp
— FearBuck (@FearedBuck) November 25, 2024
Conclusion
Repealing the New York adultery law signifies a broader shift in societal and legal attitudes toward personal freedoms and the role of government in private lives. Governor Hochul’s action brings New York in line with other states while responding to a deviation between the law and contemporary values. This historic legislative change reflects ongoing debates about the place of outdated laws affecting personal relationships and advocates for individual autonomy.
Throughout this evolution, public sentiment continues to guide legislative priorities towards honoring personal privacy and freedoms, away from punitive measures that fail to account for the complexities of human relationships. As the issue resolves with modern governance, other states still debating similar repeals may follow in New York’s footsteps.
Sources:
Adultery now legal in NY
No more jail for adultery
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