Is Adultery a Crime in Oklahoma? A Comprehensive Guide
Adultery, defined as sexual intercourse between a married person and someone other than their spouse, is a surprisingly complex legal issue. While it's a common question, whether adultery is a crime in Oklahoma requires a nuanced understanding of the state's laws and their enforcement. The short answer is: yes, adultery is technically a crime in Oklahoma, but it's rarely prosecuted.
This article will delve into the specifics of Oklahoma's adultery laws, addressing common questions and offering a clear perspective on the matter.
What Does Oklahoma Statute 21-886 State About Adultery?
Oklahoma Statute 21-886 explicitly defines adultery as a misdemeanor. It states that "Every person who, having a spouse living, commits adultery, shall be guilty of a misdemeanor." The penalty, however, is minimal, typically involving a small fine. This is crucial to understanding the practical application of the law.
Is Adultery a Crime in Oklahoma? What Are the Penalties?
While the statute exists, the reality is that prosecutions for adultery in Oklahoma are extremely rare. The state prioritizes its resources on more serious crimes, making the prosecution of adultery a very low priority. Therefore, while technically a crime, the likelihood of facing legal repercussions for adultery in Oklahoma is negligible.
Can I Sue Someone for Adultery in Oklahoma?
While adultery isn't frequently prosecuted criminally, it can be a factor in civil cases, primarily divorce proceedings. In a divorce, adultery may influence decisions regarding alimony, child custody, and property division. However, the mere act of adultery doesn't automatically guarantee a specific outcome in a divorce case. The judge will consider all relevant circumstances when making their decision.
What Constitutes Adultery in Oklahoma?
Oklahoma's adultery law focuses on sexual intercourse. Therefore, other forms of infidelity, such as emotional affairs or online relationships, do not generally fall under the definition of adultery as defined by the statute.
What are the Differences Between Civil and Criminal Adultery?
The key difference lies in the enforcement and consequences. Criminal adultery, as discussed, is rarely prosecuted. Civil adultery, on the other hand, plays a role within the context of a divorce or other civil lawsuits. In civil cases, the focus isn't on punishment but on the equitable distribution of assets and the best interests of any children involved.
How is Adultery Proven in Court (in either civil or criminal cases)?
Proof of adultery, whether in a civil or (rare) criminal case, requires substantial evidence. This often involves testimony from witnesses, physical evidence, or circumstantial evidence that strongly suggests an adulterous relationship. The burden of proof is higher in criminal cases than in civil cases.
Are There Any Exceptions to the Adultery Law in Oklahoma?
There are no specific exceptions explicitly stated in the statute itself. However, the practical application of the law is incredibly lenient, and prosecution is highly unlikely. The state's resources are directed toward more serious crimes.
In Conclusion:
While adultery remains a misdemeanor offense under Oklahoma law, it's crucial to understand that its practical impact is minimal. The law's existence is more of a historical artifact than a regularly enforced legal tool. While adultery might have implications in civil matters such as divorce, the chances of criminal prosecution are exceptionally low. This information is for educational purposes only and should not be considered legal advice. Consult with a legal professional for specific advice related to your situation.
