Adultery has been a misdemeanor in New York since 1907. The law was enacted to reduce the number of divorces.
Since 1972, only a dozen people have been charged under the law. The bill to repeal the ban has already been approved by the Legislature. It is expected to soon be approved and sent to the governor's office for his signature. the law was nearly eliminated in the 1960s, but the ban on adultery remained in effect. In 2003, a Supreme Court ruling struck down sodomy laws and cast doubt on whether adultery laws were constitutional.