Adultery is no longer illegal in New York

Adultery is no longer a crime in New York.

Gov. Kathy Hochul on Friday signed off on repealing a 1907 law prohibiting the act.

New York's penal law previously said 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."

It was considered a Class B misdemeanor, which carries a jail sentence of up to three months.

The New York State Senate called the law "outdated."

Assemblyman Charles Lavine wrote the bill overturning the law. He said 13 people were arrested and charged under the law, while five people were convicted. Though, the numbers may not be completely accurate due to some court records not being easily accessible. The most recent case was in 2010, but it was thrown out.