Oklahoma's prostitution laws cover a wide range of offenses. While acts of prostitution are misdemeanors, many other prostitution crimes are felonies.
No. Prostitution—exchanging sexual conduct for compensation—is not legal in Oklahoma. State law prohibits a person from selling, buying, profiting from, advancing, or compelling prostitution services.
The state no longer criminalizes prostitution by minors (younger than 18). Rather, these minors are considered human trafficking victims.
Oklahoma prohibits the following prostitution offenses:
The harshest penalties apply to offenses involving prostituted children (younger than 18).
(Okla. Stat. tit. 21, §§ 1025, 1026, 1029, 1030 (2024).)
An adult who engages or agrees to engage in sexual conduct for compensation commits a misdemeanor, punishable by 30 days to one year in county jail. Sexual conduct includes sexual intercourse, oral sex, anal sex, masturbation, or lewdness.
The maximum fines for prostitution offenses start at $2,500 for a first offense. They double for a second offense and triple for any third or subsequent convictions. The court can also order 40 to 80 hours of community service.
Near a school or church. If the offense happened within 1,000 feet of a school or church, the penalty bumps up to a 5-year felony with the same fines listed above.
HIV-positive. A person who engages in prostitution knowingly they are HIV-positive commits a felony with a maximum 5-year prison sentence.
Children younger than 18 cannot be prosecuted for prostitution. Under Oklahoma law, they are considered human trafficking victims.
(Okla. Stat. tit. 21. §§ 748, 1029, 1030, 1031 (2024).)
Oklahoma makes it a felony for someone to hire or agree to hire a prostitute. Patrons or "johns" face up to three years in prison and maximum fines of $1,000 (first conviction), $2,500 (second conviction), and $5,000 (subsequent convictions).
However, this felony increases to a maximum 10-year prison term if the prostitute is a child younger than 18. The fines also increase to $5,000, $10,000, or $15,000 for a first, second, or subsequent conviction.
(Okla. Stat. tit. 21. §§ 1029, 1030, 1031, 1040.57 (2024).)
A third party who makes money off of another's prostitution or allows their house, building, or vehicle to be used for prostitution purposes also commits a crime. For example, it's a crime to:
These offenses can be punished by up to a year in jail, plus fines.
Proprietors; child prostitutes. Anyone who knows their property is being used for these purposes and minors are involved will face a minimum 6-month jail sentence for a first violation and felony penalties for a second violation.
Near a school or church. Felony penalties (up to 5 years in prison) may apply if these activities occur within 1,000 feet of a school or church.
(Okla. Stat. tit. 21, §§ 1025, 1027, 1028, 1029, 1031, 1087 (2024).)
In Oklahoma, a person commits the felony crime of pandering by:
Pandering carries felony penalties of 2 to 20 years in prison, plus minimum fines.
(Okla. Stat. tit. 21, § 1081 (2024).)
Oklahoma reserves some of its harshest penalties for procuring, inducing, or detaining children for prostitution.
A person who procures children for prostitution in the following ways commits a felony:
These offenses carry a minimum one-year prison sentence and a maximum of 10 years. Sentences can also include post-prison supervision.
(Okla. Stat. tit. 21, § 1087 (2024).)
A person can face up to 25 years in prison if they induce, persuade, or encourage a child, using promises, threats, violence, or drugs, to:
The same penalty applies if the person detains, restrains, coerces, or compels a child against their will to engage in prostitution. This coercion can include promises to pay or cancel any debts or obligations. Certain sentences have mandatory post-prison supervision time, as well.
(Okla. Stat. tit. 21, § 1088 (2024).)
A person convicted of prostitution-related offenses can face more than incarceration and fines.
When organized crime is involved, a prosecutor may bring racketeering charges against a person engaging in pandering under the Oklahoma Racketeer-Influenced and Corrupt Organizations Act. Pandering includes both adult and child victims of prostitution.
Any vehicle used by, or money or other property earned by, a pimp, panderer, or prostitute may be forfeited (taken by police without compensation to the owner). Forfeiture does not apply to patrons ("johns").
A person convicted of child prostitution or trafficking a child for sex must register as a sex offender. For a third conviction for patronizing a prostitute, the defendant will be required to register as a risk level one. A sixth conviction means registering as a risk level two.
(Okla. Stat. tit. 21, § 1040.57, 1031(E), 1738; tit. 22 § 1402; tit. 57, § 582 (2024).)
If you are charged with any crime related to prostitution, contact a criminal defense attorney in Oklahoma.