Repealing the adultery law

The law is on the books to make some people feel good about their own sense of morality.”

Charles Lavine Assemblyman, District 13

History of N.Y. adultery law

New York first outlawed adultery in 1907. A misdemeanor, punishable up to three months in jail and a $500 fine.

In 1964, a 12-member New York state commission proposes a new penal law for ‘study purposes only’ to exclude adultery as a crime.

Since 1972 only 13 people were charged with adultery and only five convicted. In nearly every case, other crimes were involved, and adultery is added as an additional crime committed.

Assemblyman Charles Lavine introduced a bill to repeal the act of adultery in New York state in 2024.

Bill passed in Assembly on March 11 to repeal adultery law 137 to 10.

Bill passed senate on April 3 to repeal adultery law 57 to 4.

Bill awaits Gov. Kathy Hochul’s signature to become law.

The Assembly passed the repeal of the adultery law on March 11, with 137 voting for and 10 against. Lavine said he wasn’t surprised that 10 of his colleagues voted nay.

“I work with some people who don’t take human rights or women’s’ rights seriously,” he said. “A couple of them I knew would prefer to live in a religious state and a few others thought it would be too controversial to vote for a repeal.”

Liz Krueger, who represents state Senate District 18, sponsored the Senate bill. It passed 57-4 on April 3.

Lavine described Krueger as “an effective legislator who is clear headed about the need to get rid of laws that make no sense and advances laws that do.”

“It’s simply bad policy to have a law like this — one that would never get passed today — sitting on the book,” Krueger said. “The fact that it’s there, outlawing something that people may think is not good but certainly shouldn’t result in a criminal record, even if it is very rarely used, it creates the risk of unintended consequences. So repealing it is really a no-brainer, and I have to think the governor will agree with that.”

Lavine said he has received several positive emails and calls, but he has also heard from people who do not support his repeal of the law.

“I’ve received calls from people who call me a heretic and emails that say God will strike me dead,” he said. “These are from the hyper religious, the zealots, who are not usually my constituents.”

Jeffrey Prey, the pastor at First Presbyterian Church of Oyster Bay, said he didn’t know there was a law criminalizing adultery.

“It seems overreaching,” he said. “I’m not speaking in support of adultery, but I don’t think we need a law. The church should emphasize commitment and faithfulness instead. We need to focus on what we can do to support the individual involved.”

Prey said he has a book, “The Trenton Pickle Ordinance and Other Bonehead Legislation”on his bookshelf.

“Apparently it’s unlawful to throw any tainted pickles on the street in Trenton,” he said. “There are a lot of antiquated laws people don’t know about.”