Oklahoma City Sex Crimes Attorney
The notion of personally autonomy and freedom from unconsented contact is integral to the American Judicial System. As such, sex crimes in Oklahoma carry extreme penalties and collateral harm far beyond the scope of normal felony conviction consequences. Persons convicted of crimes which are sexual in nature will more than likely face far greater deprivations of their personal liberty than any other criminal conviction. That is why it is crucial to contact a sex crime attorney before charges are filed. Moreover, sex crimes are highly publicized and often times expose both the accused and his or her family to intense scrutiny. Some sex crimes in Oklahoma include:
Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances:
- Where the victim is under sixteen (16) years of age;
- Where the victim is incapable of giving consent due to a mental illness or other temporary or permanent unsoundness of mind;
- Where force or violence is used or threatened, and it reasonably appears that such threat is possible;
- Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
- Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
- Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief;
- Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of such; or
- Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system.
Forcible Oral Sodomy
Oklahoma is sometimes draconian in the language its legislature uses when drafting statutory law. Many times it is merely a result of stagnant legislative efforts and failure to update in accordance with political correctness. The following is a prime example:
Any person who forces another person to engage in the detestable and abominable crime against nature, upon conviction, is guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a period of not more than twenty (20) years.
- Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age; or
- Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
- Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime; or
- Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state; or
- Sodomy committed upon a person who is at least sixteen (16) years of age but less than twenty (20) years of age and is a student of any public or private secondary school, junior high or high school, or public vocational school, with a person who is eighteen (18) years of age or older and is employed by the same school system.
Sodomy is defined elsewhere as anal or oral copulation with a member of the same or opposite sex. Though the Supreme Court of the United States decision in Lawrence struck down sodomy laws aimed only at homosexuals, this law remains on the books, even though its provisions closely mirror that of the Oklahoma rape statutes.
Furthermore, Oklahoma has statutes protecting its citizens form sexual battery:
"Sexual battery" shall mean 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 and without the consent of that person or when committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state.
Persons who, being within the degrees of consanguinity within which marriages are by the laws of the state declared incestuous and void, intermarry with each other, or commit adultery or fornication with each other, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years.
Oklahoma will also prosecute any person who:
Lewdly exposes his or her person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed thereby; provided, however, for purposes of this section, a person alleged to have committed an act of public urination shall be prosecuted pursuant to Section 22 of this title unless such act was accompanied with another act that violates paragraphs 2 through 4 of this subsection and shall not be subject to registration under the Sex Offenders Registration Act.
Lewd Molestation of a Minor and Lewd Acts Charges in Oklahoma
Oklahoma lewd molestation laws are sometimes vague, but always severe. As part of Oklahoma's obscenity laws, both solicitation of a minor and lewd acts carry a hefty punishment range regardless if there was actual physical touching involved in the allegations. To the contrary, Oklahoma's solicitation of a minor and lewd acts with a minor laws cover any sort of lewd or lascivious contact that an adult could have with a child. For purposes of better understanding the law as it related to child victims, it is easiest to differentiate between crimes where a child is solicited for the specific act and crimes in which the specific act is directed at a certain minor.
The statutes covers situations in which there is actual criminal touching, along with situations in which only innapropriate words or proposals are alleged. Moreover, looking upon the nude body of a minor or presenting one's nude body to the same is also covered under the lewd molestation statute. The acts are also criminal when done to an adult without consent, but the punishment is enhanced when a child is solicited for the same.
The punishment for solicitation depends on the age of the solicited minor. Any person charged with solicitation of a minor for any lewd or lascivious purpose will face a minimum of ten years to a maximum of thirty years in prison if the minor is between the ages of twelve and seventeen. If the minor is under the age of twelve, then the Defendant will face a minimum of twenty-five years to a maximum of life in prison if convicted.
Much like solicitation crimes, the punishment for lewd or indecent proposals or acts to a child in Oklahoma depends on the age of the victim the act or proposal is directed towards. If the minor is between the ages of twelve and seventeen, then the punishment upon conviction is a minimum of three years to a maximum of twenty years imprisonment in the department of corrections. In cases where the minor victim is under the age of twelve, the Defendant faces a minimum of twenty-five years to a maximum punishment of life in prison for each charge.
What does “lewd and lascivious manner” mean?
Many of the Oklahoma sex crimes laws use the term “lewd and lascivious.” According to Oklahoma case law, “lewd and lascivious” is defined to mean an unlawful indulgence in lust or eagerness for sexual indulgence. In other words, there has to be some sort of sexual motive involved.This issue usually comes into play when someone is faced with a charge such as Lewd Molestation or Lewd or Indecent Proposals or Acts to a Child.
Lewd Molestation is a very broad term used to describe a variety of criminal allegations that involve some sort of lewd interaction between an adult and a minor, so it is highly advisable to retain a sex crimes attorney who can explain the full nature of the allegations and charges. You can click here for more information on what is covered by Oklahoma's laws.
Sex Crimes against Children
The Oklahoma Legislature has taken great steps to protect the children of this state. As such, Oklahoma prosecutes sex crimes against children very vigorously. Oklahoma considers everyone under the age of 16 a child for purposes of its sex crimes statutes. As such, any person under the age of 16 cannot give legally recognized consent to engage in intercourse. Allegations can come in the form of statutory rape, child molestation, indecent exposure, child sexual exploitation, and lewd or indecent proposals or acts to a child.
Consequently, sex crimes against children are almost exclusively charged as felony violations; a conviction for a sex crime against a child could carry anywhere from a year in prison to the death penalty in some rare and extreme situations. Furthermore, a Defendant convicted of a sex crime against a child will almost always be required to register pursuant to the Oklahoma Sex Offender Registration Act.
Oklahoma 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 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 a sex crime in Oklahoma, time is of the essence. You need an experienced Oklahoma 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.