Oklahoma Pastor Arrested in Edmond – Understanding Sexual Battery and Trespassing Charges
According to recent KFOR and News 9 reports, Edmond police arrested local pastor Derrick Scobey following an incident involving a sexual-assault accusation. The official accusations, at the time of writing, include sexual battery and trespassing under Oklahoma law. While every defendant is presumed innocent, these allegations highlight how Oklahoma statutes define and prosecute such offenses.
Sexual Battery in Oklahoma
Under 21 O.S. §1123(B), sexual battery occurs when someone intentionally touches another person’s body, without consent, in a lewd or lascivious manner. This charge does not require sexual intercourse; any non-consensual sexual contact may qualify if done for sexual gratification or arousal.
According to OUJI-CR 4-130, prosecutors must prove beyond a reasonable doubt that: (1) the defendant intentionally touched the victim, (2) the contact was lewd or lascivious, and (3) it was done without the victim’s consent. The accuser’s age must be 16 or older for this charge. A conviction for sexual battery is a felony.
Defining Consent
Consent is a key factor in any sexual-battery allegation. Under OUJI-CR 4-138, consent means a voluntary and intelligent agreement, free from force, threats, or coercion. A person who is asleep, unconscious, or otherwise incapacitated cannot legally consent. Disputes often arise over whether a touching was accidental or intentional, or whether consent was given.
Trespassing in Oklahoma
Trespassing, defined in 21 O.S. §1835, occurs when a person enters another’s property without permission, authority, or legal right. Even remaining on property after being told to leave can meet this definition.
Most trespassing cases are misdemeanors, and penalties can increase if the property is clearly posted, fenced, or if the entry involves intent to commit another offense.
Possible Defenses Under Oklahoma Law
- Lack of Intent: The accused may argue that any contact or entry was accidental or lacked the required intent to commit a crime.
- Consent or Permission: If consent was given to both be on the property and to physical contact, criminal liability may not attach.
- Mistake of Fact: A reasonable, honest belief that the person was invited or that the contact was consensual can rebut intent.
- Insufficient Evidence: The prosecution must prove every element beyond a reasonable doubt. Doubts about motive, consent, or identification can create reasonable doubt.
How The Urbanic Law Firm Approaches These Cases
The Urbanic Law Firm defends Oklahomans accused of sex-related and property-related offenses across the state. Our approach combines deep statutory knowledge with a focus on constitutional rights, evidentiary weaknesses, and mitigating factors. If you or someone you know faces allegations of sexual battery, trespassing, or related crimes, swift legal representation is critical.
Key Oklahoma Definitions
- Sexual Battery: Intentional lewd touching of another person without consent (see above).
- Trespass: Unlawful entry or remaining on another’s property without authorization (see above).
- Consent: Voluntary, intelligent agreement free from coercion (see above).
FAQs about Oklahoma Sexual Battery and Trespassing Laws
- 1. What is the punishment for sexual battery in Oklahoma?
- Sexual battery is a felony punishable by up to ten years in the Oklahoma Department of Corrections.
- 2. Can you be charged with trespassing even if you did not damage property in Oklahoma?
- Yes. Entering or remaining on property without consent is sufficient for a trespassing charge, even without damage.
- 3. What defenses exist for sexual battery charges in Oklahoma?
- Defenses include consent, lack of intent, mistaken identity, and insufficient evidence to prove lewd touching beyond a reasonable doubt.
- 4. What defenses exist for trespassing charges in Oklahoma?
- Common defenses include permission to enter, lack of notice that entry was unauthorized, or being on public property.
- 5. How can an Oklahoma criminal defense attorney help with these charges?
- An experienced defense lawyer can analyze evidence, file suppression motions, and negotiate or litigate for dismissal or reduction of charges.
Contact The Urbanic Law Firm
If you’ve been charged with sexual battery, trespassing, or any other criminal offense in Oklahoma, contact The Urbanic Law Firm today. Call 405-633-3420 or fill out our form.
Based in Oklahoma City and serving clients statewide.
This page is for informational purposes only and is not legal advice. Every case is unique; consult an attorney about your specific situation. Page last updated November 9, 2025. Consult the statutes listed above for the most up-to-date law.
