Adultery will become legal in New York State.
New York is one of 16 states where adultery remains a criminal offense.
Adultery is still classified as a crime in Oklahoma , Wisconsin and Michigan .
Adultery documented as early as 1907 is punishable by a $500 fine or 90 days in jail.
This law came into force as a way to reduce divorce.
The first prosecution, which came weeks after the law went into effect, involved a married Coney Island investor who left his wife for a 25-year-old girl who worked at a store.
Prosecutions are now extremely rare since 1972, with only five convictions.
The last one happened in New York in 2010. However, the case was dismissed as part of a plea deal.
Charles Lavine , a Democratic congressman, introduced the bill to decriminalize adultery.
Mr Lavine said: The state has no role in regulating consensual sexual behavior between adults.
He added: It is not our job to label these relationships as immoral.
This is not the first time attempts have been made to repeal the law. It was discussed as early as 1964, but proposals never led to its change.
The bill passed the New York Assembly and now awaits approval in the State Senate.
