Bill decriminalizing adultery awaits Gov. Hochul’s signature

ALBANY, N.Y. — Committing adultery is a violation of the Ten Commandments according to the Bible, but many people don’t know that it’s also a Class B misdemeanor in New York state.

Rep. Chuck Lavine, a Democrat from Glen Cove, said even when lawmakers enacted the law in 1907, it was controversial.

“There were many letters to the editors of reputable newspapers, as well as editorials condemning the fact that New York State was now imposing morality on violations of what were then called business or matters of the heart,” Lavine said.

Lawmakers believe the law has remained in place largely because it is rarely enforced. His office has documented only 13 cases since 1972 in which law enforcement has charged someone and five prosecutions.

“In the rare cases where this measure has been applied, there has never been an outcry or public protest, it has simply been applied very selectively,” Lavine said.

Barbara King, a family and marriage attorney at Tully Rinckey PLLC, said she has never represented anyone or known other attorneys to pursue criminal charges for adultery. However, it was common in civil litigation before 2010, when New York state adopted no-fault divorce.

“If you wanted a divorce, you had to prove that someone had cheated on you, abused you or abandoned you,” King said.

She said the law is extremely outdated and does not even believe that the threat of criminal penalties, up to three months in prison and a $500 fine, has had a deterrent effect on extramarital affairs.

“I think the deterrents to having an affair will come from many other factors, such as the cost of breaking up a marriage, the impact on children and family, and the financial impact of divorce, which is a big thing these days,” King said.

However, the state legislature passed a bill this session to repeal adultery as a felony and it is awaiting the governor’s signature. Lavine, who sponsored it, believes it is important to send a message to New Yorkers about where the state is headed.

“When we see many states and many people running for local, state and national office who are championing authoritarianism, it is time for us as Americans of good faith and good conscience to say that enough is enough,” he said.

Lavine said that historically, women have been the target of adultery laws and they serve to stigmatize them.