Century-old law which makes cheating illegal in New York could be scrapped
A US state could be about to scrap a century-old law which criminalises the act of cheating.
Adultery has been classed as a low-level criminal offence – known as a misdemeanour – in the state of New York since 1907.
Such laws were traditionally introduced in states across the US to reduce the number of divorces at a time when a cheating spouse was the only way to secure a legal split.
However, only about a dozen people have been charged in New York since 1972, with the last more than a decade ago.
And of those cases, just five have netted convictions, according to New York assemblyman Charles Lavine, who has sponsored a bill to repeal the seldom-used law.
“It just makes no sense whatsoever, and we’ve come a long way since intimate relationships between consenting adults are considered immoral,” he said.
“It’s a joke. This law was someone’s expression of moral outrage.”
New York state assemblyman, Charles Lavine. File pic: AP
Katharine Silbaugh, a law professor at Boston University who co-authored the book “A Guide to America’s Sex Laws”, said adultery bans were aimed at punishing women.
“Let’s just say this: patriarchy,” she said.
The bill to scrap the adultery ban has already passed the state assembly and is expected to soon pass the state senate, before it can move to the governor’s office for a signature.
How the law has been used since its creation
Just a few weeks after the law went into effect in 1907, a married man and a 25-year-old woman became the first people arrested after the man’s wife sued for divorce, according to a New York Times article from the time.
The last adultery charge in New York appears to have been filed in 2010 against a woman who was caught engaging in a sex act in a public park.
However, the case was later dropped as part of a plea deal.
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The law was almost scrapped in the 1960s after a panel tasked with updating New York’s criminal laws found the adultery ban was practically impossible to enforce.
However, while the proposal was initially accepted in the state assembly, the chamber restored it after a politician argued scrapping the bill could give the impression that the state was endorsing infidelity, according to a New York Times article from 1965.
Most states in the US that still have adultery laws classify them as misdemeanours – a type of low-level offence.
However, Oklahoma, Wisconsin, and Michigan treat adultery as a much more serious type of offence, known as a felony.
Several states, including Colorado and New Hampshire, have moved to repeal their adultery laws, using similar arguments to those being used in New York.
American Senator Ted Cruz has broken ranks with fellow US conservatives and
hit out at talk show host Jimmy Kimmel’s suspension, saying it was “mafioso” behaviour.
Disney-owned ABC has been widely criticised after it pulled the long-standing host of Jimmy Kimmel Live following comments in his show about the alleged gunman charged with right-wing activist Charlie Kirk’s murder.
Kimmel implied the suspect was a Maga Republican, despite the man’s mother telling police he had “started to lean more to the left”.
As a result, Federal Communications Commission chair Brendan Carr threatened Disney and local broadcasters with investigations and regulatory action if they aired Kimmel’s show – which led to dozens of local TV stations affiliated with ABC pulling it.
US President Donald Trump, who appointed Carr, lauded the decision.
But Mr Cruz criticised the threats as “dangerous as hell”.
“I got to say that’s right out of ‘Goodfellas’,” he said, evoking the Martin Scorsese gangster movie. “That’s right out of
a mafioso coming into a bar going, ‘Nice bar you have here.
“It would be a shame if something happened to it’.”
Senator Ted Cruz. Pic: AP
Explainer: What did Jimmy Kimmel say about Charlie Kirk?
The senator, a former constitutional lawyer, then adopted a broad mafioso accent to quote Mr Carr’s comments about broadcasters this week: “We can do this the easy way, or we can do this the hard way.”
Mr Trump fired back, telling reporters in the Oval Office on Friday that he disagreed with Mr Cruz – one of the most
powerful Republicans in Congress – and calling Mr Carr “an incredible American patriot with courage.”
Demonstrations against his suspension have sprung up. Pic: AP
The Texas senator’s remarks are a rare example of a prominent member of the president’s own party publicly
criticising the actions of the administration, highlighting deepening concerns over free-speech rights and Mr Trump’s threatened crackdowns.
Prominent Democrats and civil rights groups condemned the Trump administration’s pressure to punish Kimmel and others who speak negatively of the president.
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US talk show titans speak out
Kimmel’s fellow late-night hosts have rallied around him, as did former US president Barack Obama, who wrote on X: “After years of complaining about cancel culture, the current administration has taken it to a new and dangerous level by routinely threatening regulatory action against media companies unless they muzzle or fire reporters and commentators it doesn’t like.
Barack Obama on Jimmy Kimmel Live in 2016. Pic: Susan Walsh/AP
“This is precisely the kind of government coercion that the First Amendment was designed to prevent, and media companies need to start standing up rather than capitulating it.”
Conservative activists had been angered by Kimmel’s comments on his show that they were using the assassination to score “political points”.
Right-wing influencer Charlie Kirk was shot dead on 10 September as he took part in a public debate at a college campus in Utah .
Tyler Robinson, 22, was charged with aggravated murder, weapon, and obstruction of justice offences.
US talk show host Stephen Colbert has condemned the cancellation of fellow late-night star Jimmy Kimmel as a “blatant assault on freedom of speech”, as America’s top late night presenters came out fighting.
He used the opening of Thursday night’s edition of his Late Show to address the pulling of Jimmy Kimmel Live over comments made about the assassination of the right-wing influencer Charlie Kirk.
Kimmel used his show earlier this week to accuse the Trump administration and its allies of “working very hard to capitalise on the murder of Charlie Kirk”, with the president among those to pin it on left-wing extremism.
The move by Disney-owned ABC has been widely criticised, with the network accused of kowtowing to President Donald Trump, who celebrated the decision.
Also airing on Thursday night, Jon Stewart, host of Comedy Central’s Daily Show, appeared in a garish gold set, in parody of Mr Trump’s redesign of the White House, to tell viewers the episode would be “another fun, hilarious, administration-compliant show”.
Stewart, playing the role of an over-the-top, politically obsequious TV host under authoritarian rule, lavished praise on the president and satirised his criticism of US cities and his deployment of the National Guard to fight crime.
“Coming to you tonight from the real […] crime-ridden cesspool that is New York City. It is a tremendous disaster like no-one’s ever seen before. Someone’s National Guard should invade this place, am I right?” he said.
He then introduced his guest – Maria Ressa, a journalist and author of the book How To Stand Up To A Dictator.
Jon Stewart. Pic: Associated Press
Over at The Tonight Show, Jimmy Fallon told his audience he was “not sure what was going on” but that Kimmel is “a decent funny and loving guy and I hope he comes back”.
Fallon then promised viewers that in spite of people being “worried that we won’t keep saying what we want to say or that we will be censored”, he was going to cover the president’s recent trip to the UK “just like I normally would”.
He was then replaced by a voiceover describing Mr Trump as “incredibly handsome” and “making America great again”.
Jimmy Fallon on Thursday’s Tonight Show. Pic: The Tonight Show X
Seth Meyers also joined the fray.
“Donald Trump is on his way back from a trip to the UK,” he said at the top of his show Late Night, “while back here at home, his administration is pursuing a crackdown on free speech… and completely unrelated, I just wanted to say that I have always admired and respected Mr Trump.
“I have always believed he was a visionary, an innovator, a great president, and an even better golfer.”
Kimmel’s removal from the show he has hosted for two decades led to criticism that free speech was under attack.
But speaking on his visit to Britain, Donald Trump claimed he was suspended “because he had bad ratings”.
It came after fellow late-night host Colbert saw his programme cancelled earlier this year, which fans claimed was also down to his criticism of Mr Trump, who has since railed against Kimmel, Meyers, and Fallon.
He has posted on Truth Social that they should all be cancelled.
Jimmy Kimmel hosting last year’s Oscars. Pic: AP
Figures from both the worlds of entertainment and politics lined up to lament ABC’s removal of Kimmel.
Chat show doyenne David Letterman said people should not be fired just because they don’t “suck up” to what he called “an authoritarian” president.
During an appearance at The Atlantic Festival 2025 in New York on Thursday night, he added: “It’s no good. It’s silly. It’s ridiculous.
“I feel bad about this, because we all see where see this is going, correct? It’s managed media.”
Barack Obama on Jimmy Kimmel Live in 2016. Pic: Susan Walsh/AP
Former US president Barack Obama wrote on X: “After years of complaining about cancel culture, the current administration has taken it to a new and dangerous level by routinely threatening regulatory action against media companies unless they muzzle or fire reporters and commentators it doesn’t like.
“This is precisely the kind of government coercion that the First Amendment was designed to prevent, and media companies need to start standing up rather than capitulating it.”
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