New York state lawmakers are moving to repeal and decriminalize the act of adultery in New York.

State Assemblyman Charles Lavine, a Democrat from Long Island, recently introduced A.4714, which would amend state penal law that currently makes engaging in sexual intercourse with another person at a time when they have a living spouse or the other person has a living spouse a class B misdemeanor. It is punishable by up to three months in jail or one year of probation, though it is often not prosecuted. According to Lavine, since 1972, only 13 people have been charged with adultery, and of those, only five were convicted.

“This outdated statute criminalizes sexual behavior between consenting adults.” Lavine said in a statement Monday. “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.”

Lavine’s bill unanimously passed the Assembly’s Codes Committee last week and passed the full Assembly chamber 137-10 on Monday.

It now goes to the state Senate.