Understanding Adultery Laws in Oklahoma
As a seasoned Tulsa divorce attorney, there are often questions about the legality of adultery in Oklahoma. To address this matter, it must be acknowledged that the answer is somewhat complex, as adultery is both a yes and no under Oklahoma statutes.
Since Oklahoma’s inception in 1907, adultery has been considered a criminal offense under state law. The statute defines adultery as engaging in voluntary sexual intercourse with someone other than one’s spouse. Notably, both the married person involved and the other party can be held liable, even if the latter is unmarried. Adultery, as a felony, carries potential penalties of up to five years’ imprisonment and/or a fine of up to $500.
Enforcement and the Lawrence v. Texas Case
Despite adultery remaining on the books, it is vital to understand that enforcement has significantly diminished over the years. In fact, nationwide, approximately 18 states, including Oklahoma, still retain adultery laws, but the enforcement is rare. Since the 1960s, cases of enforcement have become increasingly scarce, and the 2003 United States Supreme Court case of Lawrence v. Texas played a crucial role in this trend.
The Lawrence v. Texas case saw the Supreme Court overturn a Texas sodomy law, deeming it unconstitutional. The Court’s ruling was based on the grounds of privacy rights, asserting that consensual sexual conduct in private, such as in one’s home, does not infringe upon the rights of others. As a result, laws that seek to criminalize consensual private conduct have been questioned, including adultery laws.
Adultery’s Current Status in Oklahoma
While adulteryremains a crime in Oklahoma by law , it is worth noting that enforcement is virtually non-existent, and its constitutionality may be called into question. Considering the precedent set by Lawrence v. Texas, it is less likely for the adultery law to be upheld in modern times. Nevertheless, if you are facing specific circumstances related to adultery or divorce proceedings, seeking counsel from a qualified attorney is crucial for personalized and confidential advice.
Call Now for a Free Consultation
If you have concerns regarding adultery, divorce, or any legal matters in Tulsa, Oklahoma, our experienced Tulsa divorce attorney is here for you. We provide free consultations to address your individual situation and offer sound legal guidance tailored to your needs. Contact us today to schedule your confidential consultation and let us guide you through the complexities of the legal system.
