Is Cheating Illegal in New York?

Is it against the law to commit adultery in New York?

One of the little nuggets of marriage advice many of us have heard numerous times from others over the years is that if you are planning on getting married you need to be aware that not only will a lot of things change after you say "I do", but it will take work to keep the marriage happy and healthy.

If you're willing to put in the work and willing to compromise often, the sky is the limit for the quality of your marriage. At least that is what I was told...LOL! I was also told many times that the lowest and most brutal form of betrayal a person could do to another in a marriage is to commit adultery.

What is Adultery?

Adultery, which is defined as "voluntary sexual intercourse between a married person and a person who is not his or her spouse", has long been the #1 reason many couples find themselves needing a divorce lawyer and in some states a criminal lawyer as well.

Is Adultery Against the Law in New York?

Since 1907 if a person in New York was caught cheating on their spouse they were not only breaking their wedding vows but they were also breaking the law. New York's penal law has said for over one hundred years that "a person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse."

SEE ALSO: New Yorkers Caught Doing This Will Now Pay a 1,500 Fine

It was classified as a Class B misdemeanor and could carry a jail sentence of up to three months behind bars. The seldom-used law was put in place many years ago in an attempt to reduce the number of divorces at a time when a cheating spouse was the only way a couple could secure a legal split.

Adultery Removed From New York Law

Since 1972 about a dozen people have been charged under New York’s law and only five of those cases had convictions according to the AP. The New York State Senate called the law "outdated" leading state officials to introduce new legislation that would no longer make adultery a crime in New York.

Earlier this year we learned that the New York Assembly and State Senate both approved the bill to remove adultery from the law books leaving it up to New York Governor Kathy Hochul, who signed off last month.

Still a Crime in Some States

Adultery is still considered a misdemeanor crime in several other states across the country, including Alabama, Arizona, Florida, Georgia, Illinois, Kansas, Maryland, North Carolina, North Dakota, Rhode Island, South Carolina, and Virginia. It is a felony offense in Oklahoma, Wisconsin, and Michigan according to Newsweek.

With adultery out of New York's law books, here are some other laws that state officials might want to take a look at...LOL...