I’m a frequent poster on Avvo.com. The question we get on there, by far, goes something like, “I’m X years old. Can I have sex with someone who is Y years old?”. The answer to this question requires a look at of Oklahoma’s age of consent, incest, and rape laws.
The age of consent in Oklahoma is 16. Therefore, it is generally legal for a 16-year-old to have sex with anyone older than them. Sex between people who are 15-18 years old is generally lawful. A variety of exceptions make that sex illegal.
21 OS § 1111 states that rape occurs when the victim is 15 years old or younger. However, 21 OS § 1112 states that a person cannot be convicted of rape when the consensual sex occurred with someone over 14 unless the person was 19 years or older.
21 OS § 1111 also states that the following sex is also illegal:
- Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim. Translation: No sex by government employees with someone who is under the custody of a governmental agency if that agency the employee works for exercises authority over the victim.
- Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system. Translation: A school employee who is 18 or older can’t have sex with a student in that same school system who is younger than 20.
- Where the victim is nineteen (19) years of age or younger and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a foster parent or foster parent applicant. Translation: Foster parents can’t have sex with their foster children if the foster child is 19 or younger.
Per 21 OS § 885, incest is illegal. 43 OS § 2 outlines the parameters of whom it would be illegal to have sex with. Sex between people of the following relation is illegal:
- ancestors and descendants of any degree,
- a stepfather with a stepdaughter,
- stepmother with stepson,
- uncles and nieces,
- aunts and nephews, except in cases where such relationship is only by marriage,
- brothers and sisters of the half as well as the whole blood, and
- first cousins.
If you’ve been charged with rape or incest,