Is Adultery a Crime in Oklahoma? A Comprehensive Guide
Intro
Adultery has been a controversial topic across the United States, particularly in the context of marriage, morality, and criminality. In Oklahoma, specific laws govern the issue, leaving many wondering whether extramarital affairs are strictly illegal. In this comprehensive guide, we will analyze the laws surrounding adultery, its criminalization, consequences, and the moral compass of the state.
Is Adultery a Crime in Oklahoma?
Simple answer: No
Oklahoma law [1] does not explicitly criminalize adultery. Unlike some other states, Oklahoma has reformed its laws to reduce the number of crimes recognized. Adultery is no longer a criminal offense with penalties.
Historical Context
Prior to its repeal in 1962, Oklahoma’s laws were more stringent, considering infidelity a criminal offense and punishable by up to life imprisonment [2]. Historically, adultery was included in the state’s revised statutes as a criminalized act, but over the years, the legal consensus shifted, and it evolved into a private matter managed by individuals and couples seeking divorce or separation.
| Adultery Laws in Select States | |
|---|---|
| State | Code Section |
| Alabama | AL Code § 13A-26-2(B) |
| Louisiana | RS 14:44 & 14:45 |
| Oklahoma |
Private Prosecution and Civil Consequences
Although adultery is no longer a criminal offense in Oklahoma, individuals or lawyers may still choose to privatize the issue by requesting a divorce or separation.
- Divorce proceeding: Adultery could be considered a grounds for divorce in Oklahoma, per Okla. Stat. Ann. tit. 43, § 137 [3]. Specifically, a spouse who becomes aware of the other party’s adultery may seek termination of the marriage.
- Custody consideration: In child custody and visitation disputes, prior adultery may be considered one of several factors affecting fitness as a parent [3].
Moral Values and Social Impact
Notwithstanding the lack of explicit criminalization, adultery maintains significant moral and social standing in Oklahoma. 64% of Oklahomans believe that extramarital affairs are always/wrong [4, 5]. Many conservatives and religious groups still promote traditional values, emphasizing morality and fidelity within marriage as essential.
Conclusion: Adultery as Personal Matter
In conclusion, adultery is not a criminally punishable offense in Oklahoma. Instead, the issues surrounding infidelity are regarded as private matters to be resolved through divorce, child custody, or separation actions. While the state removed criminal penalties, adultery may still have significant social consequences and moral implications for both individuals and society.
References
[6]. Tulsa World. (2019, October 22). Oklahomans value ‘traditional family’ but prioritize individual freedoms. Retrieved from https://tulsaworld.com/news/environment/oklahomans-value-traditional-family-but-prioritize-individual-freedoms/study/article_8faa7c44-ab4a-55fd-a7f9-acf8a1cbf8c9.html [7]. Oklahoma Policy Institute. (2020, January 11). Oklahoma Values 2019. Retrieved from https://okpolicy.org/oklahoma-values/Additional Resources
Legal experts recommend consulting Oklahoma attorney general guidelines, legal blogs, and reputable legal reference materials for more in-depth information on adultery laws.
Disclaimer
This publication is intended for general legal information purposes only and cannot be considered legal advice tailored to specific situations. While the author strives to include accurate information, the details may change over time; readers should consult current court decisions, statutes, or legal experts for up-to-date information.
