New Oklahoma Laws In 2016 Part X – Illegal To Commit Forcible Sodomy On Unconscious Victims

HB 2398 closed a loophole in the law that allowed someone who had committed forcible sodomy on an unconscious victim to walk free. The Oklahoma Court of Criminal Appeals ruled in mid-2016 that forcible sodomy is not illegal if a victim is intoxicated or unconscious. The public was outraged when the defendant in that case faced no repercussions for his actions. So, the legislature quickly enacted legislation that the governor quickly signed. It went into effect on June 6, 2016.

Specifically, it made the following acts illegal:

Sodomy committed upon a person who is at the time unconscious of the nature of the act, and this fact should be known to the accused; and Sodomy committed upon a person where the person is intoxicated by a narcotic or anesthetic agent administered by or with the privity of the accused as a means of forcing the person to submit.

HB 2398 text http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2398%20ENR.PDF

Bill codified at 21 OS § 88 http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69419

Article covering the enactment of this billhttp://ktul.com/news/local/state-court-ruling-leads-push-for-change-in-oklahoma-sodomy-law

If you have been accused of forcible sodomy, call attorney Frank Urbanic at 405-633-3420.