On Wednesday, the New York Senate soundly approved a
bill to abolish an infrequently enforced law from 1907 that criminalized adultery. The bill, having passed the State Assembly earlier this year, is now going to the desk of Governor Kathy Hochul for signature. If the governor signs, the adultery law will be instantly revoked.
The soon-to-be-abolished law, defined in Section 255.17 of the New York Penal Law, listed adultery as an incident where an individual commits sexual intercourse with another person while he has a living spouse, or the other person has a living spouse. The penalty for this Class B misdemeanor was imprisonment of up to three months.
The legislation to remove this law was championed by State Senator Liz Krueger, who represents sections of New York City. The bill states that its purpose is to excise an “outdated statute criminalizing sexual behavior between consenting adults”. The classification of adultery as a Class B misdemeanor also had considerable consequences for an offender’s due process. According to New York’s trial law, those accused of a Class B misdemeanor have the right to a jury trial only if they reside outside of New York City. Defendants living within the city are not granted a jury trial, but are judged by a judge.
Several states still uphold laws that criminalize adultery. For example, Arizona categorizes it as a Class 3 misdemeanor, but in contrast to New York, it only pursues prosecution if one of the spouses lodges a complaint. Oklahoma, on the other hand, views adultery as a felony punishable by up to five years in prison and/or a $500 fine.
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