Oklahoma Statutes

Okla. Stat. tit. 21, § 871 (2026)

Adultery defined - Who may institute prosecution

✓ current as of July 2026

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Adultery is the unlawful voluntary sexual intercourse of a married person with one of the opposite sex; and when the crime is between persons, only one of whom is married, both are guilty of adultery. Prosecution for adultery can be commenced and carried on against either of the parties to the crime only by his or her own husband or wife as the case may be, or by the husband or wife of the other party to the crime: Provided, that any person may make complaint when persons are living together in open and notorious adultery. R.L.1910, § 2431.

Notes of Decisions

Cited in 4 cases, 1969–1996 · leading case: City of Sherman v. Henry, 928 S.W.2d 464 (Tex. 1996).

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City of Sherman v. Henry, 928 S.W.2d 464 (Tex. 1996). “1-20-09 (1991); Okla. Stat. Ann. tit. 21, § 871 (1983); R.”

Frye v. State, 606 P.2d 599 (Okla. Crim. App. 1980). “The appellants point out that adultery is a crime pursuant to 21 O.S.1971, § 871, and as a general rule where a defendant is put upon trial for one offense he or she is to be convicted, if at all, by evidence which shows that he or she is guilty of that offense alone.”

Oliverson v. West Valley City, 875 F. Supp. 1465 (D. Utah 1995). “Okla.Stat.Ann. tit. 21, §§ 871, 872 (1983).”

Dale v. State, 449 P.2d 921 (Okla. Crim. App. 1969). · cites it 2× “This issue arises out of the construction and application of 21 O.S. § 871, the same providing: “Adultery defined — who may institute prosecution.”

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