Oklahoma is tough on adultery. The crime is a felony and can result in a five year prison sentence.
Oklahoma Adultery Laws
The Oklahoma statute sets forth the following de3finition:
“Adultery is the unlawful voluntary sexual intercourse of a married person with one of the opposite sex; and when the crime is between persons, only one of whom is married, both are guilty of adultery. Prosecution for adultery can be commenced and carried on against either of the parties to the crime only by his or her own husband or wife as the case may be, or by the husband or wife of the other party to the crime: Provided, that any person may make complaint when persons are living together in open and notorious adultery.” O.S. § 21 871
“Any person guilty of the crime of adultery shall be guilty of a felony and punished by imprisonment in the State Penitentiary not exceeding five (5) years or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.” O.S. § 21 872
A person charged with adultery, or some other “weird” crime still on the books in Oklahoma, may be able to claim the law is unconstitutional. Simply because an arguably unconstitutional law enacted almost 100 years ago is still “on the books” does not make enforcement of it legal. If you have questions regarding adultery, or any other crime, give us a call for a free consultation. (918)994-2340
Jeff Krigel is a criminal defense attorney in Tulsa, Oklahoma. He practices in Tulsa and surrounding areas in Northeastern Oklahoma. The firm offers free consultations and has flexible payment plans available.