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Jailer Arrested for Alleged Sexual Contact with Inmates

03-Apr-2017

A Custer County jail employee has been arrested after being accused of having sexual contact with two female inmates at the jail.

Darrion Morgan, 25, of Clinton, has worked at the Custer County Jail for two years. However, on Friday, OSBI agents arrested Morgan on complaints of two counts of sexual battery. Agents arrested Morgan at his home after interviewing him and the two inmates about the alleged incidents.

He was booked into the Rogers County Jail for his own protection.

Details of the case have not been made public, so it is unknown whether the sexual contact was apparently consensual or not. However, under state law, even if the inmate is a willing participant in sexual activity with a corrections employee, he or she does not have the legal capacity to consent.

Under 21 O.S. § 1123 of the Oklahoma criminal code, sexual battery is a felony defined as "the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner" under the following circumstances:

  • without consent
  • when committed by a state, county, municipal or political subdivision employee (or a contractor or employee of the contractor) upon a person who is under the legal custody, supervision or authority of a state, county, or local agency
  • when committed against a student aged 16-20 by an employee aged 18 or older of the school system the student attends--including public schools, private schools, and technology centers
  • when committed by a foster parent or foster parent applicant against a person aged 19 or younger in the custody of DHS or another state or federal agency or tribal court

Only one of the above criteria must apply in order for a person to be charged with sexual battery. If the contact is intentional, lewd or committed for the purpose of sexual gratification, and takes place without consent--actual or legal--then sexual battery has occurred. 

As a felony sex crime, sexual battery is punishable by a maximum of 10 years in prison. It is a Level III sex offense, which, under state and federal law, requires lifetime sex offender registration.

When sexual contact occurs with a minor under the age of 16, it is not considered sexual battery, but rather lewd acts with a minor, lewd molestation, or child sexual abuse, depending on the relationship between the perpetrator and the victim. If the perpetrator is someone responsible for the welfare of the child, the act is charged as child sexual abuse or lewd molestation. Child sexual abuse is punishable by a maximum of life in prison.

When committed by any other person, it is charged as lewd acts with a minor under 16, and it is punishable by a maximum of 20 years in prison if the child involved is aged 12 or older. If the child is under the age of 12, however, the crime is punishable by 25 years to life.

Read more about Oklahoma sex crime laws here.



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