Oklahoma Internet Sex Crimes Attorney
As the internet has grown exponentially in influence and sheer scope, we as a society have seen that the World Wide Web presents further opportunities for criminals to commit their crimes. Though this trend is very visible in such fields as fraud and theft law, perhaps no other criminal realm has seen more growth than internet sex crimes. The internet presents the perfect opportunity for those who wish to prey on the weak, vulnerable, and naïve. However, Oklahoma has taken the steps to combat these new developments. Consequently, Oklahoma wastes no time in prosecuting such violations with full force. That is why a sex crimes attorney is crucial to help and advise in these legal situations.
Internet Sex Crimes in Oklahoma
The Oklahoma Legislature has created specific provisions pursuant to the “Oklahoma Computer Crimes Act” to combat individuals who use the internet to violate Oklahoma law:
Oklahoma Computer Crimes Act:
No person shall communicate with, store data in, or retrieve data from a computer system or computer network for the purpose of using such access to violate
any of the provisions of the Oklahoma Statutes.
Any person convicted of violating the provisions of this section shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term of not more than five (5) years, or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.
Furthermore, the Oklahoma Statutes have expanded criminal liability to the use of “computer devices” such as cell phones and other forms of digital communication. As such, the majority of internet sex crimes in Oklahoma are those sex crimes which are accomplished by solicitation.
It is easy to see why the field of internet sex crimes is one of the fastest growing problems in Oklahoma. This fact is evident in the proliferation of news stories documenting the trend, not to mention television shows such as “To Catch a Predator.” Some of the most common internet sex crimes include:
- Soliciting Minors Online - Soliciting minors online is not only one of the most common sexual crimes; it’s also one of the most serious.
This crime occurs when a person encourages or solicits sexual contact from a minor. Judges and prosecutors alike treat persons accused of
soliciting minors online as “predators,” and usually request hefty prison sentences in addition to lifetime sex offender registration.
- Sexting - Oklahoma “sexting” laws prohibit the possession or distribution of sexually explicit photographs or videos of minors, even if that person is old enough to legally have sex. Oklahoma prosecutors and judges take sexting laws very serious, and a conviction requires mandatory compliance with the Oklahoma Sex Offender Registration Act.
Criminal Child Pornography Charges in Oklahoma
Child pornography is an addiction. It is a disease that some people sadly struggle with every day. It is a heinous crime, in that it harms the most helpless members of our society. The predilection to children is a disorder that must be treated holistically. Many may argue, rightfully so, that in some cases part of this treatment must include some sort of prison time to further the fact that society does not, and will not, stand to see our children abused and mistreated. Still, there must treatment to address the underlying issues that so many criminal Defendants face when charged with these abhorrent crimes.
Oklahoma child pornography laws make the possession, distribution, or manufacturing of sexually explicit images of minors illegal. A person convicted of violating Oklahoma child pornography laws faces years in prison as well as mandatory compliance with the Oklahoma Sex Offender Registration Act. It is highly advised that you seek counsel with an Oklahoma City child pornography lawyer for violations of Oklahoma porn laws.
Oklahoma possession of child pornography charges are divided into two tiers. The first tier is reserved for those individuals who are charged with possessing up to 99 images of child pornography. Videos count against this number at a larger rate than mere individual pictures alone. Punishment for simple possession of child pornography is up to twenty years incarcerating in prison and a fine of up to $25,000.00. It can be argued this is the same penalty range for anyone charged with manufacturing child pornography or distributing child pornography; however, there is another Oklahoma statute that seems to state that manufacturing, distributing, and downloading child pornography or other obscene materials is only punishable by imprisonment for not less than thirty days nor more than ten years.
The second tier relates to individuals who possess 100 or more separate materials containing child pornography. As one can imagine, the potential penalty rises exponentially based on the amount of obscene material someone possess. This second tier is known in Oklahoma as aggravated possession of child pornography. Aggravated possession of child pornography is punishable by a sentence of up to life imprisonment and a fine of up to $10,000.00.
Moreover, one can even face child-pornography related charges for failure to report the discovery of such images or materials. This crime is punishable as a misdemeanor and carries a maximum sentence of one year in county jail. The statute reads as though criminal liability for this omission would only attach to individuals who come across the suspect images or footage within the course of their professional work. However, everyday people could also face potential liability if they were to stumble across the such obscene material.
Oklahoma Internet Sex Crime Conviction Consequences
Most sex crimes are charged as felonies in Oklahoma. As such, a conviction for an Oklahoma sex crime will likely result in felony conviction consequences. However, this is hardly the end of the line; the vast majority of those Defendants convicted of a sex crime in Oklahoma will also have to register pursuant to the Oklahoma Sex Offender Registration Act.
The ramifications of registering as a sex offender in Oklahoma are totally life-altering. Sex Offenders in Oklahoma are treated as second-class citizens. Furthermore, the Oklahoma Sex Offender Registration Act has been amended with such great frequency and lack of oversight that the registration requirements could become even more debilitating. Though the registration requirements serve a fine purpose in protecting our communities from those truly dangerous sexual predators, the requirements must not be viewed lightly.
If you or a loved one has been charged with an internet sex crime in Oklahoma, time is of the essence. You need an experienced Oklahoma criminal defense sex crimes attorney, and you need one right now. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.