Oklahoma Prohibited Consensual Sexual Activity Laws

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.

• 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.

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.

• 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.

• 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.