Is Adultery a Crime in Oklahoma?
The question of whether adultery is a crime in Oklahoma is a complex one, with the answer being a nuanced "yes, but..." While Oklahoma does have statutes addressing adultery, their enforcement is rare and largely symbolic in modern times. Let's delve into the specifics.
Oklahoma Statute 21-886 defines adultery as "the commission of sexual intercourse by a married person with another person not the spouse," and makes it a misdemeanor punishable by a fine. However, this law is seldom, if ever, prosecuted.
This leads to several important questions that often arise when discussing this topic:
What is considered adultery in Oklahoma?
According to Oklahoma Statute 21-886, adultery involves sexual intercourse between a married person and someone other than their spouse. The law doesn't explicitly define "sexual intercourse," but the general understanding aligns with common legal definitions. It's important to note that the law focuses on the act of sexual intercourse, not other forms of intimacy.
What are the penalties for adultery in Oklahoma?
The penalty for adultery in Oklahoma is a fine, as outlined in the statute. It does not involve jail time. However, the specific amount of the fine isn't detailed in the statute and is likely left to the discretion of the judge in the exceedingly rare case of a prosecution.
How often is adultery prosecuted in Oklahoma?
As mentioned, prosecutions under this statute are extremely infrequent. The law is largely considered antiquated and its enforcement is not a priority for law enforcement agencies. While technically a crime, it's practically unenforceable and largely irrelevant in most legal contexts.
Can adultery be used in other legal proceedings in Oklahoma?
While rarely used as the basis for criminal prosecution, adultery could theoretically be relevant in other legal proceedings, such as divorce cases. In a divorce, evidence of adultery might influence issues like alimony, child custody, or property division. However, its relevance is dependent on the specific circumstances of the case and the judge's interpretation.
Is adultery a civil matter in Oklahoma?
No, adultery itself is not a civil matter in Oklahoma; it's defined as a misdemeanor crime within the state's criminal code. However, the consequences of an adulterous relationship might have implications within civil proceedings, particularly divorce cases, as outlined above.
In summary: While adultery remains technically a crime in Oklahoma, its practical enforcement is negligible. The statute exists but is rarely, if ever, utilized in modern legal practice. Its relevance primarily lies in the potential indirect effects it might have within civil legal contexts, such as divorce proceedings. The focus of the legal system in Oklahoma has shifted towards more pressing matters, effectively rendering this archaic law largely symbolic.
