{"id":375805,"date":"2016-03-31T21:36:23","date_gmt":"2016-04-01T02:36:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oklahoma-law\/oklahoma-prohibited-consensual-sexual-activity-laws.html"},"modified":"2024-01-17T15:42:00","modified_gmt":"2024-01-17T20:42:00","slug":"oklahoma-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oklahoma-law\/oklahoma-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Oklahoma Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Oklahoma Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

For the most part, consensual sexual activity is none of the government’s business. Sexual assault, rape, and other such sex crimes<\/a> all involve non-consensual sex and are thus considered serious violations. However, there are some situations when consensual sex crosses the line and either endangers another’s well-being or disrupts the public.<\/p>\r\n

This article provides a brief overview of Oklahoma laws prohibiting certain consensual and non-consensual sexual acts. Keep in mind that "consent" is a legal term defined by state criminal law. For example, it is impossible for anyone under the age of 16 to consent to sexual activity in Oklahoma.<\/p>\r\n

History of Sexual Activities Laws<\/h2>\r\n

There are voluntary sexual activities that are regulated under state consensual sexual activity laws<\/a> in all jurisdictions. Most of the time, these guidelines reflect the social and political norms of the particular state at the time the laws were created and thus are subject to change over time.<\/p>\r\n

While any kind of non-consensual sex is a crime, most states at one time enforced anti-sodomy laws. These laws have since been struck down in 2003 by Lawrence v. Texas<\/a><\/i> since they unconstitutionally singled-out same-sex couples. While Oklahoma has removed its statute outlawing sodomy, many states still have anti-sodomy laws on the books (even though they remain unenforceable).<\/p>\r\n

Consensual Sexual Activity Laws in Oklahoma<\/h2>\r\n

The following chart outlines Oklahoma’s prohibited consensual sexual activity laws. You can also find more information and resources on this topic in FindLaw’s section on Sex Crimes<\/a>.<\/p>\r\n\r\n

Sodomy Laws Applicable to<\/p>\r\n<\/th>\r\n

Under O.K. Stat. \u00a7 21-888v2<\/a>, a person may be charged with the crime of forcible sodomy, which is sodomy committed by a person over the age of 18 upon a person under 16 years old; sodomy committed upon a person incapable of giving consent because of mental illness or any unsoundness of mind; and by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim. Sodomy could also be committed by a state, county, municipal, or political employee upon a person under legal custody, or a person who is at least 16 but less than 20 years of age and is a student of a school, with a person who is 18 or older and employed by the school system. Sodomy may also be committed upon a person who is at the time unconscious or upon a person who is intoxicated by a narcotic or anesthetic agent.<\/p>\r\n<\/td>\r\n<\/tr>

Penalty for Sodomy<\/p>\r\n<\/th>\r\n

HIV Exposure and Compelled Testing for Offenders<\/p>\r\n<\/th>\r\n

Under O.K. Stat. \u00a7 63-1-524.1<\/a>, if a defendant is arrested by lawful warrant for first or second degree rape, forcible sodomy, or the intentional infection or attempt to intentionally infect a person with HIV, a person may be ordered by the court to be tested for STI testing, including for HIV and AIDS.<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Other Crimes Relating to Consensual Sex Acts<\/p>\r\n<\/th>\r\n

Other Crimes Relating to Non-consensual Sex Acts<\/p>\r\n<\/th>\r\n