Is Adultery a Crime in Oklahoma?
The short answer is: yes, adultery is technically a crime in Oklahoma, but it's rarely prosecuted. Oklahoma Statute 21-886 defines adultery as "the commission of adultery is the open and notorious cohabitation of a man and woman not married to each other." This means that simply having an affair isn't enough; the act must be "open and notorious," implying a public display of the relationship.
This law, however, is largely unenforced in modern Oklahoma. Law enforcement and the courts prioritize other, more serious crimes. The state's resources are typically allocated to addressing issues such as violent crime, property crimes, and drug offenses. Prosecution of adultery is extremely rare.
What Constitutes "Open and Notorious Cohabitation"?
This is a key element of the Oklahoma adultery law and a point of contention. What exactly constitutes "open and notorious cohabitation" is subjective and would need to be determined on a case-by-case basis. Simply having a sexual relationship outside of marriage wouldn't automatically meet this legal standard. Evidence of a prolonged, public display of a relationship akin to marriage would be needed for prosecution. This could include things like:
- Living together: Sharing a residence openly.
- Public displays of affection: Consistent and overt demonstrations of intimacy in public settings.
- Presenting themselves as a couple: Referring to each other as husband and wife or consistently portraying themselves as a couple to others.
However, even with evidence of these actions, prosecution is highly unlikely.
What are the Penalties for Adultery in Oklahoma?
While the statute exists, the penalties for a conviction are relatively minor, consisting of a misdemeanor charge. This typically translates to a fine, rather than jail time. Given the practical impossibility of widespread enforcement, focusing on the potential penalties is largely irrelevant in today's legal landscape.
Is Adultery Grounds for Divorce in Oklahoma?
While adultery is a crime, it's also a significant factor in divorce proceedings. In Oklahoma, adultery can be grounds for a no-fault divorce, as well as a fault-based divorce. This means it can impact property division, spousal support (alimony), and child custody arrangements. However, proving adultery in a divorce case is very different from proving it in a criminal case. The standard of proof is lower in a civil court (a preponderance of the evidence) compared to a criminal court (beyond a reasonable doubt).
Can someone be arrested for adultery in Oklahoma?
It's highly improbable. Law enforcement agencies rarely, if ever, pursue charges based solely on adultery. They usually only get involved if other related crimes are suspected, such as domestic violence or other offenses connected to an adulterous relationship.
Is it still a crime if the adultery is consensual?
Yes, the Oklahoma statute does not make an exception for consensual adultery. As long as the elements of "open and notorious cohabitation" are met, the consensual nature of the relationship wouldn't negate the possibility of a charge (although this is again highly unlikely).
In conclusion, while adultery remains technically a crime on the books in Oklahoma, its enforcement is practically nonexistent. The law's focus on "open and notorious cohabitation" creates a high evidentiary bar, and the state's resources are devoted to more pressing criminal matters. The implications of adultery are more likely to be seen in divorce proceedings than in criminal court.
