Oklahoma has a number of laws that protect children against sexual contact and abuse. Overlap between the laws allows a prosecutor great leeway in deciding how to charge a crime such as the lewd molestation of a minor.
In all cases, sex crimes involving children are treated severely in Oklahoma. A minor in Oklahoma is any child under the age of 18.
Lewd Molestation is Related to Lewd or Indecent Proposals to a Child
Lewd molestation of a minor is often charged under the Oklahoma law that prohibits lewd or indecent proposals or acts to children.
Oklahoma law defines lewd or indecent acts or proposals to a child under 16 as knowingly and intentionally engaging in any sort of lewd or indecent act or proposal with a child under the age of 16 or who is reasonably believed to be under that age. Okla. Stat. tit. 21 § 1123
The law speaks to both sexual communications and sexual acts. With regard to acts, the statute contains a long list of prohibited acts that is representative. But any sex act with a child, even if the act is not listed, is prohibited.
The list includes:
- touching;
- mauling;
- ejaculating;
- lasciviously looking at a child’s private parts;
- engaging in any sexual act;
- forcing a child to view or engage in a sexual act;
- viewing pornography;
- urinating or defecating;
- sexually exposing yourself to a child;
- enticing a child to a private location with the intent to have sexual contact;
- masturbation;
- bondage;
- penetration; or
- sexual touching of any sort.
In order to be charged under this statute, the child must be under 16 and the perpetrator must be at least three years older than the victim.
Punishment for Lewd Molestation
A defendant could face a prison term from 3 to 20 years if the child is under 16, and at least 25 years in prison if the child is under 12. Subsequent convictions could mean life in prison without the possibility of parole.
Sexual Battery as a Lewd or Indecent Act
This same statute prohibits sexual battery upon a minor. Sexual battery is defined as intentionally touching, mauling, or feeling the body or private parts of any person 16 years of age or older in a lewd and lascivious manner without their consent. The law also extends the age of the victim in certain circumstances.
The crime is a felony punishable by up to 10 years in prison.
The Crime May Also Be Charged as Child Sexual Abuse
Oklahoma law also prohibits a caretaker or any other person from abusing, neglecting, committing any sexual abuse, or exploiting a child in their care. Okla. Stat. tit. 21 § 843.1
The crime is a felony punishable by up to a year in jail, a fine from $500 to $5,000, or both. If the child involved is under 12 years of age, a defendant could face at least 25 years in prison. Okla. Stat. tit. 21 § 843.5
Depending on the circumstances, a prosecutor may choose to add this charge. Child sexual abuse is the willful and malicious touching or other sexual act or activity with a minor. It includes, but is not limited to, rape; incest; and lewd and indecent acts or proposals with a child.
Defenses may be available to you. It is important that you speak with an experienced Tulsa criminal defense lawyer as soon as possible to build a strong defense. Many defenses are based on mistaken age or lack of intent.
Free Consultation: Tulsa Criminal Defense Attorney
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa criminal defense attorney to discuss your available legal options.
Call the Tulsa Criminal Defense Law Firm at 918-756-9600 or 1-888-Wirth-Law (1-888-947-8452).
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