You need to have permission from another person to touch, maul, or feel any part of their body or private parts. If you touch someone else lewdly and lasciviously against their will, you could be charged with sexual battery in Oklahoma.
Touching, mauling, or feeling the body of another person lewdly and lasciviously according to Oklahoma laws means that the perpetrator’s conduct is lustful and indicates they have sexual intentions.
For a defendant to face charges of sexual battery, the victim is required to be 16 years or older. The crime is treated differently if the victim is less than 16 years old.
Sexual Battery In Oklahoma FAQs
Oklahoma law describes several crimes related to sex. The law states that sexual battery is assumed to have occurred when a person lewdly or lasciviously touches, mauls, or feels the private parts or any other body part of another person who is at least 16 years old:
- Without the consent of the person touched.
- When committed by a person who is an employee of a state, county, municipal, or political subdivision of the State of Oklahoma or an employee of a contractor of the employers as mentioned above upon a person who is under the legal custody, supervision, or authority of the employer of the perpetrator.
- When the victim is aged between 16 and 20 years and is a student of a public or private school or technology center, and the sexual battery is committed by a person who is 18 years of age or older and is an employee of the same school system that the victim attends. The employee could be a teacher, principal, or another duly appointed person.
- When the victim is 19 years of age or less and is in the legal custody of a state or federal agency, or a tribal court, by a foster parent or foster parent applicant.
Okla. Stat. tit. 21 § 1123
Elements Of The Crime
The state must prove the following elements of the crime beyond a shadow of a doubt to obtain a conviction on charges of sexual battery in Oklahoma.
- That the defendant intentionally
- mauled, felt, or touched
- in a lascivious and lewd manner
- the private parts or body
- of another 16 years or older
- without the consent of the person touched.
OR
- An employee of a state, municipal, political division or an employee of a contractor of a state, county, municipal, or political division of the State of Oklahoma
- intentionally
- touched, mauled, or felt
- in a lewd or lascivious manner
- the private parts or body
- of a person aged 16 or more
- who was under the supervision, legal custody, or authority of the employer of the defendant.
OR
- A defendant 18 years or older
- employed by the victim’s school system
- intentionally
- mauled, felt, or touched
- the body or private parts
- of the victim who was aged 16 years but less than 20 years old
- and was a student or under the authority and supervision of the public or private school or technology center.
OR
- The defendant was a foster parent or a foster parent applicant and
- intentionally
- touched, felt, or mauled
- in a lewd or lascivious manner
- the body or private parts
- of a person who was 19 or younger
- when the victim was in the legal custody of a state or federal agency or tribal court.
Penalties For Sexual Battery
A person convicted on charges of sexual battery is guilty of a felony in Tulsa. Punishment for this crime is up to 10 years in prison. There is no option of a fine.
Except for defendants who must serve the rest of their lives in prison, others convicted of this crime and sentenced to serve at least two years in prison must undergo post-sentence supervision to be determined by the court. This post-sentence supervision is in addition to prison time.
If you are facing charges of sexual battery, you face an extended stay in prison if convicted. Talk to a Tulsa criminal attorney today for expert legal advice. Some defenses are forbidden for this crime, and only an experienced lawyer can determine what could work in your case.
Do not fumble around with your defense. Our criminal defense lawyers are knowledgeable and will advise on a solid argument to improve your chances of getting a favorable outcome in your case.
Free Consultation: Tulsa Felony Defense Lawyer
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 felony defense lawyer to discuss your available legal options.
Call the Tulsa Criminal Defense Law Firm at 918-756-9600.
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