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Tulsa Criminal Defense Law Firm

How Serious is a Charge of Rape by Instrumentation in Tulsa?

rape by instrumentation in TulsaAny charge of rape in Tulsa, Oklahoma is a serious crime with serious implications.  Not only could you serve jail time, but also you may be required to register as a sex offender if convicted.

The Oklahoma statute for rape was amended and the new law went into effect in November 2015. This new statute defines rape by instrumentation in Tulsa in situations where consent is irrelevant.

You also may be charged of rape by instrumentation of your own spouse. The prosecutor must only prove that one of the situations listed under the statute occurred to get a conviction of first-degree rape.

What is Rape by Instrumentation in Tulsa?

Rape by instrumentation in Tulsa is an act in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used on another person without his or her consent and penetration of the anus or vagina occurs to that person. Okla. Stat. tit. 21 § 1111.1

Any sexual penetration, however slight, is sufficient to complete this crime. Okla. Stat. tit. 21 § 1113

What is First-Degree Rape by Instrumentation in Oklahoma?

First-degree rape by instrumentation in Oklahoma is when:

  1. Rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or
  2. Rape by instrumentation committed upon a person under 14 years of age.

In all other cases, rape or rape by instrumentation is rape in the second degree. Okla. Stat. tit. 21 § 1114

Penalties

A conviction of rape in the first degree is punishable by a minimum of five years in prison. It could also be punishable by life in prison, life without parole, or death. Okla. Stat. tit. 21 § 1115

Rape in the second degree is punishable by 1 to 15 years in prison. Okla. Stat. tit. 21 § 1116

Free Consultation: Tulsa Criminal Defense Attorney

If you or someone you know is accused of rape by instrumentation in Oklahoma, please contact a Tulsa criminal defense attorney to discuss your available legal options.

Call Wirth Law Office – Tulsa today at 918-756-9600 or toll free at 1-888-447-7262.

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