Often people think of child sexual abuse in Oklahoma as immoral physical and sexual acts with someone under the age of 18. However, making a lewd or indecent proposal to a child is also illegal in Stillwater, Oklahoma. Read on to learn more.
Overview Of Child Sexual Abuse Laws In Oklahoma
Oklahoma has a number of laws concerning child abuse and there is some overlap between them. Thus, prosecutors have broad leeway in charging and prosecuting child sexual abuse cases.
Oklahoma law prohibits a caretaker or other person from abusing, neglecting, committing any sexual abuse, or exploiting a child. Okla. Stat. 21 § 843.1
This statute includes physical, mental and sexual abuse of a child. Also, the law prohibits enabling the abuse of a child in any way.
Enabling child abuse is defined by Oklahoma law as causing, procuring, or permitting any willful or malicious act or threat against a child. It includes the failure to protect a child from harm.
Enablers are treated as harshly under the law as perpetrators. Thus, if one parent is involved in directly abusing a child and the other parent enables the abuse in any way, both parents may be prosecuted.
Penalties For Child Sexual Abuse In Oklahoma
Under Oklahoma law, any person who willfully or maliciously engages in child abuse, including child sexual abuse, may be convicted of a felony. This crime is punishable by up to a year in county jail, a fine between $500 and $5000, or both. Okla. Stat. 21 § 843.5
Child sexual abuse is defined as willful or malicious sexual abuse. It includes, but is not limited to, rape, incest, lewd molestation of a minor in Oklahoma, and indecent proposals to a child.
The age of the child involved matters. If the child involved is under 12 years of age, the punishment for child sexual abuse is particularly harsh. If convicted, you could spend at least 25 years in prison and pay a fine of up to $5,000.
A conviction under this statute requires that the perpetrator act in a willful or malicious way. Any facts in your case that undermine the required intent will be helpful.
Lewd Or Indecent Proposal To A Child Under 16
Certain acts with a minor constitute a felony in Stillwater. This statute comes under Oklahoma laws on rape and child seduction.
Knowingly and intentionally engaging in any sort of lewd or indecent act with a child or making any sort of lewd or indecent proposal to a child under the age of 16 or believed to be under the age of 16 is against the law. Okla. Stat. tit. 21 § 1123
Prohibited acts include any oral, written, electronic, or computer-generated lewd or indecent proposal. This includes sending lewd photographs and “sexting.”
No physical contact with the child is required for a conviction. The sexual nature of the exchange is all that is required.
Other Prohibited Acts
Also prohibited are lewd or indecent acts, which may include touching, mauling, or lasciviously looking upon the private parts of a child; engaging in any sort of sexual activity with a child; or enticing a child to a private place with the intention of committing any of these acts. Sexual activity with a child includes forcing a child to view any sort of pornography, urinating or defecating on the child, and exposing oneself sexually to a child.
The statute requires that the defendant be at least three years older than the victim.
Again, this statute requires that the perpetrator act knowingly and intentionally. Thus, if the child really looks 20 and you reasonably believe that the child is much older than 16, you may have a viable defense.
Punishment under this statute is severe. A conviction can mean a prison term from 3 to 20 years if the child is under 16, and at least 25 years if the child is under 12. A subsequent conviction could mean a life sentence in prison without the possibility of parole.
If you are facing charges for making a lewd or indecent proposal to a minor, you will need the help of an experienced criminal lawyer in the Stillwater area. An experienced attorney can help you build a strong defense.
Free Consultation With A Stillwater OK Attorney
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