Trafficking in Children in Oklahoma

Definition of Trafficking in Children in Oklahoma

arrested for child trafficking in oklahomaThe following acts constitute trafficking in children in Oklahoma:

  1. The acceptance, solicitation, offer, payment, or transfer of any compensation by any person in connection with the acquisition or transfer of the legal or physical custody or adoption of a minor child, except as ordered by the court or otherwise provided by Oklahoma adoption law;
  2. The acceptance or solicitation of any compensation by any person or organization for services performed, rendered or purported to be performed to facilitate or assist in the adoption or foster care placement of a minor child, except by the Department of Human Services, a licensed child-placing agency, or an attorney licensed in Oklahoma;
  3. Bringing or causing to be brought into Oklahoma or sending or causing to be sent outside Oklahoma any child for the purpose of placing that child in a foster home or for the adoption of the child and thereafter refusing to comply upon request with the Interstate Compact on the Placement of Children;
  4. The solicitation or receipt of any money or any other thing of value for expenses related to the placement of a child for the purpose of an adoption by the birth parent of the child who at the time of the solicitation or receipt had no intent to consent to eventual adoption;
  5. The solicitation or receipt of any money or any other thing of value for expenses related to the placement of a child for adoption by a woman who knows she is not pregnant but who holds herself out to be pregnant and offers to place a child upon birth for adoption;
  6. The receipt of any money or any other thing of value for expenses related to the placement of a child for adoption by a birth parent, child-placing agency, or attorney who receives, from one or more parties, any money or any other thing of value without disclosing to each prospective adoptive parent, child-placing agency, and attorney the receipt of any money or any other thing of value immediately upon receipt;
  7. The solicitation or receipt of any money or any other thing of value by a birth parent, an attorney, or child-placing agency for expenses related to the placement of a child for the purpose of adoption from more than one prospective adoptive family for the adoption of one child. A birth parent, child-placing agency or attorney cannot not represent that a child is, or will be, available for adoption to more than one prospective adoptive family at one time;
  8. Advertising of services for compensation to assist with or effect the placement of a child for adoption or for care in a foster home by any person or organization except by the Department of Human Services, or a child-placing agency licensed in Oklahoma; and
  9. Advertisements for and solicitation of a woman who is pregnant to induce her to place her child upon birth for adoption, except by a child-placing agency licensed in Oklahoma or an attorney licensed in Oklahoma. This doesn’t prohibit someone from advertising to solicit a pregnant woman to consider adoptive placement with the person or to locate a child for an adoptive placement into the person’s own home, provided that the person has received a favorable preplacement home study recommendation, which must be verified by the signed written statement of the person or agency that performed the home study, and provided that no money or other thing of value is offered as part of such an inducement except as ordered by the court or except as otherwise provided by Oklahoma adoption law.

The payment or acceptance of costs and expenses for an adoption is not a violation of this law so long as the petitioner or birth parent has complied with Oklahoma adoption law and such costs and expenses are approved by the court.

“Advertising” or “Advertisement” means any communication that originates within Oklahoma by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, television, or any communication that is disseminated through the use of a computer or related electronic device including, but not limited to, electronic mail, websites, weblogs, search engines, banner messages, pop-up messages, chat rooms, list servers, instant messaging. or other Internet presences, and any attachments or links related to them.

“Child” means an unmarried or unemancipated person under the age of 18.

“Child-placing agency” means any child welfare agency licensed pursuant to the Oklahoma Child Care Facilities Licensing Act and authorized to place minors for adoption.

“Birth parent” means a parent of a child being placed for adoption and includes, but is not limited to, a woman who is pregnant or who presents herself as pregnant and who is offering to place her child, born or unborn, for adoption.

“Person” means any natural person, corporation, association, organization, institution, or partnership;

“Department” means the Department of Human Services.

“Foster home” means a home or other place, other than the home of a parent, relative within the fourth degree or guardian of the child concerned, wherein a child is received for permanent care, custody, and maintenance.

This crime is also referred to as Child Trafficking.

Punishment for Trafficking in Children in Oklahoma

This crime is a felony. The maximum punishment in prison is $10,000 per violation.

Illegal Adoption in Oklahoma

The acceptance, solicitation, offer, payment, or transfer of any compensation by any person in connection with the acquisition or transfer of the legal or physical custody or adoption of a minor child, except as ordered by the court or otherwise provided by Oklahoma adoption law by prospective adoptive parents is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $5,000 per violation.

Advertising an Illegal Adoption in Oklahoma

It’s illegal to knowingly publish for circulation within the borders of Oklahoma an advertisement of any kind in any print, broadcast, or electronic medium, including, but not limited to, newspapers, magazines, telephone directories, handbills, radio or television, that does any of the following:

  1. Advertising of services for compensation to assist with or effect the placement of a child for adoption or for care in a foster home by any person or organization except by the Department of Human Services, or a child-placing agency licensed in Oklahoma; and
  2. Advertisements for and solicitation of a woman who is pregnant to induce her to place her child upon birth for adoption, except by a child-placing agency licensed in Oklahoma or an attorney licensed in Oklahoma. This doesn’t prohibit someone from advertising to solicit a pregnant woman to consider adoptive placement with the person or to locate a child for an adoptive placement into the person’s own home, provided that the person has received a favorable preplacement home study recommendation, which must be verified by the signed written statement of the person or agency that performed the home study, and provided that no money or other thing of value is offered as part of such an inducement except as ordered by the court or except as otherwise provided by Oklahoma adoption law.

This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $5,000 per violation.

Failure to File Affidavit of Adoption Costs in Oklahoma

It’s illegal  to knowingly fail to file an affidavit of all adoption costs and expenses before the final decree of adoption as required by Oklahoma adoption law.

This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $500.

Trafficking in Children as a Sex Crime in Oklahoma

Trafficking in Children becomes a level three sex crime if it involved sexual abuse or sexual exploitation. If that’s the case, then the person convicted of Trafficking in Children must register as a Sex Offender under the Oklahoma Sex Offender Registry Act. The offender must register for life and verify their address every 90 days. In addition to being labeled a sex offender, individuals convicted of Trafficking in Children 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.

To determine if sexual abuse, assault and/or exploitation is involved in this crime, official documentation will be reviewed. This includes, but is not limited to the following:

  1. District Attorney’s Information Sheet alleging sexual abuse, assault, and/or exploitation;
  2. District Attorney’s Narrative alleging sexual abuse, assault, and/or exploitation on the crime the offender was convicted of, not uncharged crimes or dismissed charges; and
  3. Sentencing documents for information regarding sexual abuse, assault, and/or exploitation. Sentencing documents include Judgment and Sentence, Summary of Facts, orders, minutes, etc. A court document stating a finding that no sexual abuse, assault, and/or exploitation was involved may be used to determine that no registration is required.

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. § 10 & 866; 10 O.S. § 7505-3.2; 57 O.S. §§ 583, 589, 510.10, 584, 590, & 590.1; 22 O.S. § 991a ; and 43 O.S. § 2

Current as of July 5, 2019.

Charged with Trafficking in Children in Oklahoma? Call Oklahoma criminal defense lawyer Frank Urbanic in OKC at 405-633-3420.

Don’t panic! Call Urbanic.®