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Oklahoma Prohibited Consensual Sexual Activity Laws

For the most part, consensual sexual activity is none of the government's business. Sexual assault, rape, and other such sex crimes 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.

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.

History of Sexual Activities Laws

There are voluntary sexual activities that are regulated under state consensual sexual activity laws 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.

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 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).

Consensual Sexual Activity Laws in Oklahoma

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.

Sodomy Laws Applicable to

Under O.K. Stat. § 21-888v2, 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.

Penalty for Sodomy

  • Under O.K. Stat. § 21-886, a crime against nature (sex with animals) may be punishable as a felony with a penalty of 10 years imprisonment.
  • Under O.K. Stat. § 21-888v2, a crime for forcible sodomy may be punishable as a felony and up to 20 years imprisonment, depending on the crime.

HIV Exposure and Compelled Testing for Offenders

Under O.K. Stat. § 63-1-524.1, 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.

Other Crimes Relating to Consensual Sex Acts

  • Public indecency: Under O.K. Stat. § 21-22, every person who willfully or wrongfully commits any act which grossly injures, disturbs the public peace or health, or which openly outrages public decency, and is injurious to public morals. Public indecency is a misdemeanor in Oklahoma.
  • Disorderly houses and public indecencies: Under O.K. Stat. tit. 11 § 22-109, the municipal government may enact ordinances to restrict houses of prostitution and other disorderly houses and practices. This law also prohibits officers from accepting hush money or other valuable things from people engaging in such practices.
  • Indecent exposure: Under O.K. Stat. § 21-1021, a person is guilty of indecent exposure if they lewdly expose themselves in a public place, or assists exposure of another person, or writes, draws, publishes, sells, etc. obscene or indecent writing, they may be guilty of indecent exposure. Upon conviction, indecent exposure is a felony and is punished by a fine of up to $20,000 or imprisonment for up to 10 years (or both).
  • Engaging in prostitution: Under O.K. Stat. § 21-1029, it is illegal to engage, solicit, or procure prostitution. The penalty for this conviction is imprisonment up to one year or fines up to $2,500 for the first conviction, up to $5,000 for the second conviction, and up to $7,500 upon the third or subsequent convictions.

Other Crimes Relating to Non-consensual Sex Acts

  • Rape: Under O.K. Stat. § 21-111, rape is a non-consensual sex crime and the punishment for the conviction of this crime heightens depending on the facts of the scenario, such as the age of the victim or their consciousness at the time of the sex act. First-degree rape is a felony punishable by death, imprisonment for at least five years, life, or life without parole. Second-degree rape is a felony punishable by imprisonment for between one and 15 years. For more information, visit FindLaw's article on Oklahoma's Rape and Sexual Assault Laws.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult or conduct your own legal research to verify the state law(s) you are researching.


Research the Law

Oklahoma Prohibited Consensual Sexual Activity Laws: Related Resources

Charged with a Sex Crime in Oklahoma? Let an Attorney Help You

Criminal prosecution for a sex crime can have serious consequences for a defendant. If you have been arrested for a sex crime, you may consider contacting an experienced Oklahoma criminal defense attorney. If you cannot afford to hire an attorney, you still have the right to counsel and the public defender's office in your county may be able to assist you.

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