ALBANY, N.Y. (AP – Modified) — A century-old law, which has been largely overlooked and seldom enforced, could soon be erased from the legal books of New York. This law, dating back to 1907, criminalizes adultery in the state. However, a bill to repeal this antiquated law was passed by lawmakers on Wednesday.
The state Senate gave their nod of approval to the bill with an overwhelming majority. The ball is now in the court of New York Gov. Kathy Hochul, who is currently engaged in budget discussions. Her office has indicated that she will be reviewing the legislation. The state Assembly had already given their approval to the measure last month.
Interestingly, in the Senate, only four members opposed the measure, with one of them representing our local area.
New York State Senator Patrick Gallivan expressed his views on the matter to WHNY News, stating: “Similar statutes have been deemed unconstitutional and unenforceable, making further legislative action redundant.”
It’s worth noting that laws prohibiting adultery are still in place in several states across the country, although they are rarely enforced. The New York law was originally introduced with the aim of reducing the divorce rate, during a time when adultery was the sole legal ground for divorce.
As per the state penal code, adultery is categorized as a misdemeanor and can lead to a jail term of up to three months. It is defined in New York as a situation where a person “engages in sexual intercourse with another person while he or she or the other person is married.”
Despite being in existence for over a century, this statute has been rarely invoked in recent years. The most recent case of an adultery charge in New York seems to have been in 2010, against a woman found engaging in a sexual act in a public park. However, the charge was later dropped as part of a plea deal.
It’s interesting to note that adultery is still considered a crime in several other U.S. states, mostly as a misdemeanor. However, states like Oklahoma, Wisconsin, and Michigan categorize it as a felony offense.
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Maysoon Khan is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on underreported issues.
Agree – Adultery can have serious consequences, and this bill is a step in the right direction to hold individuals accountable for their actions.
Good punctuation and grammar, agree – This bill is a start, but more consequences may be needed to deter adultery.