Lewd Acts With a Minor in Oklahoma

Lewd or Indecent Proposals or Acts to a Child Under 16 charged OklahomaThis crime is often used to prosecute people who are talking about things of a sexual nature with someone online who is under 16. Think of the tv show “To Catch a Predator.” In that show, an undercover would pretend to be a child and chat with adults with the hope of luring them to a house. Chris Hansen would pop out and confront the people who showed up. The obvious reason for their going to that house was to have sex with the kid. That’s the typical scenario under this law. Note that it’s not a defense to this crime that an undercover officer or operative was involved in the detection and investigation of this offense. That means you can still be found guilty of this law even if you were chatting with an adult who was pretending to be a child.

To play it safe, just assume any kid you’re chatting with online is a cop. The chances of some random underage kid wanting to have sex with YOU are slim to none. The best course of action is to not even engage if the person you’re chatting with says they’re a child. In sting operations, cops will often reach out to people and make the first contact. It doesn’t matter who started the conversation! All that matters is that you said sexual things to someone you believed was a child. Note that you don’t have to actually make an effort to meet up with the person you believe is a child. You merely need to engage in prohibited communication. But, if you do drive to where you believe the child is, that’s clearly evidence of your intent to engage in sexual activity with them and will most certainly not be helpful to your case. The age frequently used in sting operations is 15. The undercover will often send digitally altered images of actual people. During a sting, the fake child frequently encourages sexual conversation to bait the adult into committing this crime. And, the adult sending pictures of their genitalia is not discouraged.

A similar crime to this one is Soliciting Sexual Conduct or Communication With Minor by Use of Technology/Unlawful Communication by Means of Technology. During a plea agreement, this crime may be reduced to Soliciting Sexual Conduct or Communication With Minor by Use of Technology/Unlawful Communication by Means of Technology, which is a lower level sex offense than Lewd or Indecent Proposals or Acts to a Child Under 16.

The official name of this crime is Lewd or Indecent Proposals or Acts to a Child Under 16. It’s also referred to as child molestation, lewd molestation, lewd acts with a child, lewd acts with minors, and lewd molestation of a child.

Definition of Lewd Proposal to a Minor in Oklahoma

It’s illegal to knowingly and intentionally:

  1. Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under 16, or someone you believe is under 16, for the child to have unlawful sexual relations or sexual intercourse with any person.

Definition of Lewd Acts With a Minor in Oklahoma

It’s illegal to knowingly and intentionally:

  1. Look upon, touch, maul, or feel the body or private parts of any child under 16 in any lewd or lascivious manner by any acts against public decency and morality, as defined by law; or
  2. Ask, invite, entice, or persuade any child under 16, or someone you believe is under 16, to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child; or
  3. In any manner lewdly or lasciviously look upon, touch, maul, or feel the body or private parts of anyone under in any indecent manner or in any manner relating to sexual matters or sexual interest; or
  4. In a lewd and lascivious manner and for the purpose of sexual gratification:
    1. urinate or defecate upon a child under 16, or force or require a child to defecate or urinate upon the body or private parts of another, or for the purpose of sexual gratification,
    2. ejaculate upon or in the presence of a child,
    3. cause, expose, force or require a child to look upon the body or private parts of another person,
    4. force or require any child under 16 or someone you believe is under 16, to view any obscene materials, child pornography, or materials deemed harmful to minors,
    5. cause, expose, force, or require a child to look upon sexual acts performed in the presence of the child, or
    6. force or require a child to touch or feel the body or private parts of the child or another person.

The words “lewd” and “lascivious” have the same meaning and signify conduct that’s lustful and that clearly shows an eagerness for sexual indulgence. Corroboration of the victim’s testimony is not required “unless such testimony appears incredible or so unsubstantial as to make it unworthy of belief.” This crime applies to indecent proposals made to an undercover officer posing as a child.

Punishment for Lewd or Indecent Proposals or Acts to a Minor in Oklahoma

This crime is a felony. The range of punishment in the Department of Corrections is 3-20 years. If the victim is under 12, then the minimum punishment in the Department of Corrections is 25 years. The accused must be at least three years older than the victim, except when accomplished by the use of force or fear. Anyone convicted of a second or subsequent violation of this law isn’t eligible for probation. Anyone convicted of a third or subsequent violation of this law must be sentenced to life without parole.  Anyone convicted of a violation of this law after having been twice convicted of first degree rape, forcible sodomy, sexual abuse of a child, or of any attempt to commit any of these offenses or any combination of convictions pursuant to those laws must be punished by imprisonment in the custody of the Department of Corrections for a term of life or life without parole.

This is a violent crime and an 85% crime. People convicted of 85% crimes are required to serve no less than 85% of any sentence of imprisonment prior to becoming eligible for consideration for parole. They are not eligible for earned credits or any other type of credits that have the effect of reducing the length of the sentence to less than 85% of the sentence imposed.

Sex Offender Registration For Lewd or Indecent Proposals or Acts to a Minor in Oklahoma

Anyone convicted of Lewd or Indecent Proposals or Acts to Minor must register as a Sex Offender under the Oklahoma Sex Offender Registry Act. Lewd or Indecent Proposals or Acts to a Minor is a level three sex crime in Oklahoma. This means an offender must register for life and verify their address every 90 days. In addition to being labeled a sex offender, individuals convicted of Lewd or Indecent Proposals or Acts to a Minor in Oklahoma must also comply with numerous laws that significantly affect their life. The offender must register with the local law enforcement agency. If the offender is a student, then he or she must notify the police or security department of any institution of higher learning. Someone convicted of Lewd or Indecent Proposals or Acts to Minor will be designated as an aggravated sex offender.

Where Sex Offenders Can Live

A sex offender can’t live within a 2000 ft radius of any:

  • public or private school site;
  • educational institution;
  • property or campsite used by an organization whose primary purpose is working with children;
  • playground or park that is established, operated, or supported in whole or in part by a homeowners’ association or a city, town, county, state, federal or tribal government; a
  • licensed child care center or family child care home; or
  • the residence of his or her victim.

The distance is measured from the nearest property line of the residence of the sex offender to the nearest property line of the place listed above.

In any offense in which a minor child was the victim the sex offender can’t reside with a minor child or establish any other living accommodation where a minor child resides. Provided, however, the sex offender may reside with a minor child if the person is the parent, stepparent, or grandparent of the minor child and the minor child was not the victim of the offense for which the sex offender is required to register. A sex offender who resides with a minor child as the parent, stepparent, or grandparent of the minor child, provided the minor child was not the victim of the offense for which the sex offender is required to register, must report to the statewide centralized hotline of the Department of Human Services the name and date of birth of any and all minor children residing in the same household and the offenses for which the sex offender is required to register within three days of intent to reside with a minor child.

The restrictions on where a sex offender can’t live don’t apply to any registered sex offender residing in a hospital or other facility certified or licensed by the Oklahoma to provide medical services.

It’s illegal for two or more sex offenders to reside together in any individual dwelling during the term of registration as a sex offender. This restriction doesn’t apply to:

  • any properly zoned and established boarding house, apartment building or other multi-unit structure; provided the individual dwellings are separate for each registered person;
  • the sharing of living quarters, jail or prison space, or any multi-person or dormitory-style housing of sex offenders in the custody of any jail or correctional facility or any properly zoned facility under contract with a jail or correctional agency for the purpose of housing prisoners, or any properly established treatment or nonprofit facility located in a properly zoned area determined by the local governing authority and housing persons for purposes of sex offender services and treatment; and
  • married people, both of whom are required to register as sex offenders, or two or more blood relatives who are required to register as sex offenders, from residing in any individual dwelling during the term of registration as a sex offender.

“Individual dwelling” means:

  • a private residential property, whether owned, leased or rented, including all real property zoned as single-family residential property or zoned as multi-family residential property due to any adjacent, detached or separate living quarters of any kind on such property;
  • any room available within any boarding house or group home as such term is defined by subsection D of this section;
  • any single apartment for rent or lease within an apartment building; or
  • any separate residential unit made available for sale, rent or lease within a multi-unit structure, including a condominium, duplex, triplex, quadriplex, or any unit that is constructed together with other separate units into one structure.

“Multi-unit structure” means a structure with multiple residential units that provide independent living facilities for living, sleeping, cooking, eating, and sanitation within each individual unit. Manufactured homes, mobile homes, trailers, and recreational vehicles that do not meet the descriptions of this paragraph are not multi-unit structures.

Sex Offender Conditions

A sex offender applying for an original, renewal or replacement Class A, B, C or D driver license or identification card who is an aggravated or habitual offender must be issued a license or card bearing the words “Sex Offender”. When someone l is no longer required to register as a convicted sex offender with the Department of Corrections, the individual shall be eligible to receive a driver license or identification card which does not bear the words “Sex Offender”.

A sex offender may be prohibited from accessing or using any Internet social networking web site that has the potential or likelihood of allowing the sex offender to have contact with any child who is under 18 years old.

A court may order a sex offender to register any electronic mail address information, instant message, chat, or other Internet communication name or identity information that the sex offender uses or intends to use while accessing the Internet or used for other purposes of social networking or other similar Internet communication.

A court may require a sex offender to participate in a treatment program designed specifically for the treatment of sex offenders, if available. The treatment program has to include polygraph examinations specifically designed for use with sex offenders for the purpose of supervision and treatment compliance, provided the examination is administered by a certified licensed polygraph examiner. The treatment program must be approved by the Department of Corrections or the Department of Mental Health and Substance Abuse Services. The treatment must be paid for by the sex offender and based on the offender’s ability to pay.

Where Sex Offenders Can Go

A sex offender can’t loiter within 500 feet of any:

  • elementary, junior high or high school,
  • permitted or licensed child care center,
  • playground, or
  • park

The above doesn’t apply to someone convicted of a sex crime in another state of a crime that Oklahoma requires registration as a sex offender when the victim was 16 years old or older.

A sex offender is prohibited from entering any park if:

  • he or she has been designated as a habitual or aggravated sex offender in Oklahoma or
  • he or she has been convicted of an offense in another jurisdiction, which offense, if committed or attempted in Oklahoma, would designate him or her as a habitual or aggravated sex offender in Oklahoma

A sex offender is prohibited from loitering within 1,000 feet of the residence of his or her victim if:

  • the person who committed a sex crime against the victim has been convicted of said crime, and
  • the person is required to register pursuant to the Sex Offenders Registration Act.

A sex offender may attend a recognized church or religious denomination for worship. However, the sex offender must notify the religious leader of his or her status as a registered sex offender and the sex offender must be granted written permission by the religious leader.

If ordered by the court, a habitual or aggravated sex offender will be supervised by the Department of Corrections for the duration of the registration period and will be assigned to a global position monitoring device by the Department of Corrections for the duration of the registration period. The cost of the monitoring device will be paid for by the sex offender.

A sex offender who is assigned to a community corrections center, community work center, or halfway house, must wear a GPS monitoring system for the duration of the registration period if ordered by a judge. Any sex offender paroled must wear a GPS monitoring system.

Any sex offender who wants to travel internationally must inform his or her residence jurisdiction of any intended travel outside of the United States at least 21 calendar days prior to that travel. In order to be in compliance, offenders must notify the Sex and Violent Offender Registration Unit.

Work Sex Offenders Can’t Perform

It’s illegal for sex offenders to:

  • work with or provide services to children or
  • work on school premises.

It’s unlawful for any person or business which contracts for work to be performed on school premises to knowingly and willfully allow any sex offender to work with children or to work on school premises.

A registered sex offender can’t be employed as a:

  • peace officer
  • criminal investigator
  • private investigator,
  • or security guard.

Sources: 21 O.S. §§ 1114, 51.1a, 1024.1, 1040.75, & 1123 ; 47 O.S. § 6-111; 57 O.S. §§ 583, 589, 510.10, 584, 590, & 590.1; 22 O.S. § 991a ; and 43 O.S. § 2

Current as of June 29, 2019.

Charged with Lewd or Indecent Proposals or Acts to a Minor in Oklahoma? Call Oklahoma sex crime lawyer Frank Urbanic in OKC at 405-633-3420.

Don’t panic! Call Urbanic.®