In many states, adultery is treated as a private matter between spouses. However, in Oklahoma, the legal reality is quite different. If you are navigating a divorce or simply want to understand the state’s stance on marital fidelity, it is essential to know that adultery is a criminal offense and technically a felony in Oklahoma. Even though Adultery is a Criminal Offense, actual criminal prosecutions are extremely rare in the modern era, the law remains on the books. It can still have significant implications in family court.
The Adultery Criminal Statute: 21 O.S. § 871
Under Oklahoma law, adultery is defined as “voluntary sexual intercourse of a married person with a person other than the offender’s husband or wife.”
The penalties associated with this law, found in 21 O.S. § 872, are surprisingly harsh:
- Classification: Felony
- Prison Time: Up to five (5) years in the State Penitentiary.
- Fines: Up to $500.
It is also important to note that Oklahoma law specifies that “no prosecution for adultery can be commenced except on the complaint of the husband or the wife.” This means a third party or a police officer cannot typically initiate these charges; it must be the “wronged” spouse.
Adultery in Rogers County Family Court
While you are unlikely to face jail time for an affair, adultery plays a very real role in civil family law proceedings. Oklahoma is a “hybrid” state, meaning you can file for divorce on “no-fault” grounds (irreconcilable differences) or “fault” grounds (including adultery).
How It Affects Alimony in Divorce
In Oklahoma, adultery does not automatically disqualify a spouse from receiving alimony, nor does it automatically force a spouse to pay more. However, judges have broad discretion. If the “guilty” spouse spent significant marital funds on the affair (gifts, trips, or hotels), the court may adjust the alimony or property division to “reimburse” the marital estate for those wasted assets.
How It Affects Child Custody
Generally, a parent’s sexual conduct is not a factor in custody decisions unless it negatively impacts the child.
- The “Best Interests” Standard: If the parent introduced the child to a paramour prematurely or if the affair led to a neglect of parental duties, a judge may consider it when determining custody and visitation schedules.
Why the Law Still Exists
There have been various legislative attempts to repeal the adultery statute, but as of 2026, it remains part of the Oklahoma Crimes Against Public Decency and Morality. Many legal experts believe the law would be found unconstitutional if it were ever actually prosecuted, citing U.S. Supreme Court precedents regarding private, consensual adult conduct.
However, because the law exists, it is occasionally used as “leverage” during contentious divorce negotiations.
Summary for the Reader
- Is it a crime? Yes, it is a felony under Title 21 of the Oklahoma Statutes.
- Is it prosecuted? Almost never. It is considered a “dormant” law in the criminal justice system.
- Does it matter in divorce? Yes. It can be used as a ground for divorce and may influence the division of property if marital money was spent on the affair.
Family Lawyers in Rogers County
Are you concerned about how an extramarital affair might affect your upcoming divorce or custody hearing? If so, that’s not unusual. Although Adultery is a Criminal Offense in Rogers County, its impact on your case is probably very limited. Get a free consultation with the Rogers County divorce and family lawyers at Kania Law – Claremore Attorneys by calling 918-379-4872. You can also ask a free online legal question by following this link.
