Q: Is it still a felony if my wife cheats we got married in NM but been living here in Tulsa since last year
A: Technically it is still a state statute making it a felony. However, it has been rarely enforced since the 1960s. With the texas case of Lawrence it has become even more challenging because it’s a privacy issue between two consenting adults. Even though that case was a sodomy case between same sex, it still conveyed a privacy expectation.
A: Technically, yes. It's not where the marriage takes place, but where the adultery takes place that matters. So, if adultery takes place in Oklahoma, then Oklahoma has jurisdiction to prosecute the crime of adultery under Oklahoma law. However, the statute which makes adultery a crime in Oklahoma is generally regarded as being archaic (and probably unconstitutional), and law enforcement officials have other prosecutorial priorities. I've wondered what would happen if a victim of adultery insisted on filing a police report and pressed their local authorities to pursue an investigation. In my mind, either Oklahoma lawmakers need to repeal the law or law enforcement authorities need to enforce it. As it stands now, it's a useless criminal statute. That said, I'm sorry that your spouse has chosen to violate her marital commitment. Adultery, amongst other things, is grounds for divorce in Oklahoma should you chose to pursue one.
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