Cheating on your spouse is now legal in New York, but still a crime in these 16 states

New York has decriminalised adultery, repealing a 117-year-old law that classified it as a misdemeanour. Governor Kathy Hochul signed the bill on Friday.

New York has officially turned the page on a 117-year-old chapter in its legal history by decriminalising adultery. Governor Kathy Hochul signed a bill repealing an old law that treated infidelity as a class B misdemeanour, punishable by up to 90 days in jail. The decision, made on Friday, marks a historic move following decades of debate and overwhelming support in the state legislature.

Governor Kathy Hochul has signed a bill decriminalising adultery in New York, repealing a law that had been in place for 117 years.

Adultery decriminalised in New York

The law, originally introduced to deter divorces, has now been abolished, marking a progressive approach in New York's stance on personal freedoms. Governor Kathy Hochul, the state’s first happily married governor in nearly 20 years, as the Post describes, signed the bill to repeal the 1907 statute. Her three predecessors all faced extramarital scandals, with their marriages ultimately ending in divorce.

“While I’ve been fortunate to share a loving married life with my husband for 40 years — making it somewhat ironic for me to sign a bill decriminalising adultery — I know that people often have complex relationships,” she said in a statement. “These matters should clearly be handled by these individuals and not our criminal justice system. Let’s take this silly, outdated statute off the books, once and for all.”

Sixty years after the law first came into effect, a state commission suggested repealing it but failed to convince the legislature. As a result, the law remained in place for another six decades. In 2020, former Assemblyman Dan Quart introduced a repeal bill but left office for a judgeship before it could pass. This year, Assemblyman Charles Lavine took up the effort to see it through.

Which US states consider adultery a crime?

As of 2024, adultery remains a criminal offense in 16 U.S. states, where those found guilty can face prison time or fines. These states include the Carolinas, Georgia, Mississippi, New York, Utah, Minnesota, Wisconsin, Michigan, Idaho, Oklahoma, Massachusetts, Illinois, Kansas, Florida, and Arizona. While some states view adultery as grounds for divorce, others do not. Although charges are uncommon and convictions even rarer, several states have recently taken steps to repeal their adultery laws.

For example, in Florida, Section 798.01 of the Florida Statutes states that adultery can lead to a penalty of up to 60 days in jail and a $500 fine. Similarly, in Illinois, the Illinois Compiled Statutes classify adultery as a Class A misdemeanor, carrying potential consequences of up to one year in jail and fines reaching $2,500.

On the other hand, states like California do not classify cheating as a crime. As a no-fault state, California's courts do not take a spouse's misconduct into account when determining property division or alimony in divorce cases.