Lawmakers in New York are looking to repeal a nearly centurylong law that has criminalized adultery in the state. 

Assemblyman Charles Lavine introduced a bill that would throw out the law, which was enacted in 1907 in an effort to curb the number of divorces, the Associated Press reported. At the time, adultery was the only reason to authorize a divorce. Currently, the law makes adultery in the state a misdemeanor that can be punishable by up to three months in jail. 

“This outdated statute criminalizes sexual behavior between consenting adults,” Lavine said in a press release. “It is long past time for us to remove it from the penal code. If a law is not enforced, there is no reason it should be maintained.”

Since 1972, only 13 people have been charged under the rarely used law, Lavine added, and of those charges, only five were ever convicted of the crime. 

The law was nearly repealed in the 1960s, but when the changes were passed by the Assembly, a lawmaker from the chamber decided not to approve the changes due to concerns that it would appear as if the state was encouraging infidelity, according to a New York Times article.

Divorce on the basis of adultery can be challenging for a spouse to prove, as one cannot rely on just suspicion and would have to provide circumstantial evidence to the court.

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New York is the latest state that is attempting to repeal such a law. States that already have done so include Colorado, New Hampshire, Idaho, and Utah. Wisconsin, Michigan, and Oklahoma all classify adultery as a felony offense. 

Lavine’s bill was overwhelmingly approved by the Assembly in a 137-10 vote, and it is headed to the state Senate, where it is likely to be passed before being signed by Gov. Kathy Hochul (D-NY).