Despite the rare use of this criminal charge, it may still be used, and still carries with it a class B misdemeanor penalty of up to three months imprisonment and a fine of up to $500.00. Although the inclusion of adultery in New York’s criminal code is anachronistic, and it seems as though in these modern times adultery would be relevant only in matrimonial and family matters, adultery’s inclusion in New York’s Penal Law is something that all married persons should be aware of. Adultery is a class B misdemeanor in New York.
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