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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 laws concerning solicitation of a minor and lewd acts with a minor 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 particular act is directed at a specific minor.
The statutes cover situations in which there is actual criminal touching, along with cases in which only inappropriate words or proposals are alleged. Moreover, looking upon the nude body of a minor or presenting one's naked 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.
Due to the serious nature of these crimes it's crucial that you speak to an attorney before speaking with anyone else. An experienced lawyer can help protect you at every step of the legal process.
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 sixteen, then the punishment upon conviction is a minimum of three (3) years to a maximum of twenty (20) 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 (25) years to a maximum punishment of life in prison for each charge.
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.
The Oklahoma Legislature has taken significant 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 18 a child for purposes of its sex crimes statutes. This age limitation applies in different ways depending on the alleged crime though.
For example, any person under the age of 16 cannot give legally recognized consent to engage in intercourse. As such, most crimes encompassed by the lewd acts or lewd molestation laws relate to actions committed against a person under the age of sixteen (16).
Such criminal activity goes beyond a mere solicitation into the realm of actual illegal contact. In general, anyone convicted with a “contact” offense, whether that be lewd acts with a minor or lewd molestation, will face imprisonment for a minimum of three (3) years up to a maximum of twenty (20) years when the victim is under sixteen (16) years-of-age.
Just like with lewd proposals or solicitation, the punishment range for lewd molestation or lewd acts with a minor is significantly increased when the child is under the age of twelve (12).
When a person is convicted of lewd or indecent proposals and acts to a child under the age of 12, he or she will face a minimum sentence of twenty-five (25) years to a maximum of life in prison.
Regardless of the age of the victim, these charges are 85% crimes, which require a Defendant to serve at least 85% of the sentence imposed before becoming eligible for parole or earned credits. As noted earlier, the punishment for these cases is often severe.
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.
If you or someone you love is facing charges, contact the lewd acts defense attorneys at the Law Offices of Adam R. Banner, P.C.