N.Y. Laws » CHAPTER Domestic Relations / ARTICLE Solemnization, Proof and Effect of Marriage
New York Consolidated Laws

N.Y. Domestic Relations Law § 17 (2026)

Clergyman or officer violating article; penalty

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 17. Clergyman or officer violating article; penalty. If any
clergyman or other person authorized by the laws of this state to
perform marriage ceremonies shall solemnize or presume to solemnize any
marriage between any parties without a license being presented to him or
them as herein provided or with knowledge that either party is legally
incompetent to contract matrimony as is provided for in this article he
shall be guilty of a misdemeanor and on conviction thereof shall be
punished by a fine not less than fifty dollars nor more than five
hundred dollars or by imprisonment for a term not exceeding one year.
Notes of Decisions
Cited in 4 cases, 2004–2005 · leading case: People v. Greenleaf, 5 Misc. 3d 337 (New Paltz Just. Ct. 2004).
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People v. Greenleaf, 5 Misc. 3d 337 (New Paltz Just. Ct. 2004). · cites it 2× “) Domestic Relations Law § 17 very simply states that a person who performs a marriage without being presented with a marriage license is guilty of a misdemeanor.”
Hebel v. West, 25 A.D.3d 172 (N.Y. App. Div. 3d Dep't 2005). “Moreover, a mayor (or any other person permitted to solemnize marriages) is authorized to perform a marriage only where a marriage license has been issued to the couple appearing before him or her (see Domestic Relations Law § 17). The controlling statutes afford a mayor no…”
People v. West, 4 Misc. 3d 605 (New Paltz Just. Ct. 2004). “35 (1) (c) as a way of challenging the constitutionality of Domestic Relations Law § 13. The determination of the constitutionality of Domestic Relations Law § 17 is both “necessary and unavoidable.”
People v. West, 2004 NY Slip Op 24224 (New Paltz Just. Ct. 2004). “35 (1) (c) as a way of challenging the constitutionality of Domestic Relations Law § 13. The determination of the constitutionality of Domestic Relations Law § 17 is both "necessary and unavoidable.”
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