Adultery Law Repealed in New York: A Modernizing Move or Endorsing Infidelity?
A significant shift in New York’s legal framework has unfolded this year, marking a leap towards the state’s modernization or a signal encouraging infidelity, depending upon one’s perspective. Adultery, which was once categorized as a crime in the Empire State, is now legally tolerated.
A Dive into History: The Adultery Law in New York
The law, which took root in the year 1907, declared adultery as a criminal act—classified as engaging in sexual relations with an individual outside marriage while being married oneself, or being involved with someone else’s spouse. The potential repercussions were stringent, with up to three months of incarceration under the law. Strikingly, the law was exercised swiftly within a few weeks of its initiation, with a married couple arrested for allegedly cohabiting for several years. However, law enforcement was fairly lax regarding this rule, with mere dozens of charges put forth since the 1970s and of those, merely five reaching conviction.
The Last Known Case: 2010
The last case revolving around the adultery law revolved around a woman caught in a compromising position in a park in 2010. The unfair felony charge did not hold in this incident. Furthermore, New York was on the brink of repealing the law in the 1960s, but the law survived due to a persuasive argument from a politician who maintained that its repeal might be misconstrued as an endorsement of infidelity.
Repercussions of the Repeal: A Green Light for Infidelity?
Is New York, by repealing this law, encouraging unfaithfulness in marriages? Not quite so. While adultery is no longer a felony, it can still profoundly impact the outcome of divorce suits. Instances of infidelity could hold sway over the decision on alimony or property division, particularly if demonstrable financial or emotional costs on the marriage can be established. Therefore, while the specter of imprisonment no longer looms, repercussions could be reflected in a lighter wallet in divorce proceedings.
Regulations Evolving with the Times
This repeal is emblematic of the strides New York is taking to align its legal landscape with the realities of the 21st century. Originally, adultery bans were enforced to make divorce more challenging when infidelity was the singular admissible ground for filing for divorce.
Adultery Is Still a Crime in Some US States
It does boggle the mind that there still remain certain states where adultery is still considered a crime. These include North Carolina, Alabama, Mississippi, South Carolina, Maryland, Georgia, Illinois, Kansas, Florida, Arizona, North Dakota, Rhode Island, Wisconsin, Oklahoma, Michigan, and Idaho. The penalties vary significantly across states, ranging from hefty fines to substantial periods of incarceration.
A Busy Year for New York State Government
The New York State government has been industrious this year, with a whopping 682 bills introduced, processed through legislation, and signed by Governor Kathy Hochul.
New York Legal Landscape in 2024: Key Enactments
Critical measures imposed this year included raising the minimum age for operating an ATV from 10 to 14, requiring non-public schools to offer sanitary products free of cost, mandating colleges to post crime statistics on their websites and initiating investigations on hate crimes. Along with the repeal of the adultery law, it seems that 2024 is turning out to be an interesting year for New York’s legislative landscape.
Originally Post From https://wibx950.com/ixp/40/p/ny-adultery-law/
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New York repeals 1907 law that criminalized adultery
New York just decriminalized adultery 117 years later
