Cheat Away, Adultery is No Longer Illegal in New York

Congratulations New Yorkers, you’re officially off the hook—at least legally. In a bold move to modernize its books, the Empire State has repealed a dusty old law that made adultery a crime. That’s right, cheating on your spouse was technically illegal in New York until last week.

New York's Adultery Law

The now-extinct law dates back to 1907 and defined adultery as engaging in sexual intercourse with someone that's not your spouse—or with someone else’s spouse—while being married. If caught, you could’ve faced up to three months in jail. Records indicate the law was used for the first time just weeks after it went into effect, to arrest a married man and woman who according to the man's wife, were living together for several years.

However, the rule was rarely enforced, with just a dozen charges since the 1970s and only five actual convictions. The last known case was in 2010 and involved a woman who was caught engaging in a sex act in a park. (Spoiler alert: the adultery charge didn’t stick.)

New York almost repealed the law in the 1960s, but lawmakers decided to keep it after a politician successfully argued that the state would appear to be endorsing infidelity by repealing it.

New York Repeals Adultery Law

So, what does this mean for New Yorkers? Is the state giving infidelity a free pass? Not exactly. While cheating is no longer a crime, it can still have consequences in divorce court. Infidelity might sway decisions on spousal support or property division if it’s proven to have impacted the marriage financially or emotionally. In short: no handcuffs, but maybe a lighter wallet.

It should be noted the repeal isn’t about endorsing cheating—it’s about bringing New York’s laws into the 21st century. Adultery bans were originally designed to make divorces harder when infidelity was the only acceptable reason for splitting up.

States Where Adultery is Still Illegal

Believe it or not, there are a handful of states where adultery is still illegal. These include:

• North Carolina where you can get 60 days in jail and a $1,000 fine
• Alabama adultery is a Class B misdemeanor, punishable by fine and up to six months in jail
• In Mississippi and South Carolina, adultery can land you in jail for up to a year and a $500 fine
• Maryland has a $10 fine
• In Georiga adultery isn't a criminal offense but it is illegal and can aid in your divorce
• Illinois, punishable up to a year in jail and a fine up to $2,500. However, the last time it the law was used was in 1997
• In Kansas, the maximum penalty for adultery is one month in jail and a $500 fine.
• Florida can give you 60 days in jail and a fine of up to $500
• Arizona could fine you $500, give you up to 1 year of probation and up to 30 days in jail
• Cheating in North Dakota could land you 60 days in jail and a $3,000 fine
• Rhode Island fines adulterers $500

Adultery is a felony in Wisconsin where it's punishable by a fine up to $10,000 and/or 3.5 years in prison. In Oklahoma, adultery is punishable with five years in prison, a fine up to $500, or both. In Michigan, you can spend up to 5 years in prison, and in Idaho, you could get a fine of $100 and three months in jail.