Tag: new law

Statute Of Limitations Change For Sexual Crimes Against Children – 2017 Oklahoma Laws #12

child sexual abuse oklahomaProsecutions for sexual crimes against children must now be initiated by the forty-fifth birthday of the alleged victim. If the victim is 18 years old or older, then the prosecution must now be initiated within 12 years after the discovery of the crime. Previously, prosecution of sexual crimes against children must have been initiated within 12 years after the discovery of the crime–regardless of the victim’s age. The sexual crimes against children include rape or forcible sodomy, sodomy, lewd or indecent proposals or acts against children, involving minors in pornography, child abuse pursuant, and child trafficking.

This change in law makes it possible to prosecute more people for sexual crimes against children. For example, under the previous law, an individual sexually assaulting a 15 year old could not be prosecuted once the victim turned 28 years old if the crime was discovered when the victim was 15 years old. Under the new law, the victim in the example would have an additional 17 years to have that crime prosecuted.

Prosecutions for the sexual crimes against children may be started at any time after the commission of the offense if 1) physical evidence is collected and preserved that is capable of being tested to obtain a profile from DNA and 2) the identity of the offender is subsequently established through the use of a DNA profile. A prosecution under this exception must be started within three years from the date on which the identity of the suspect is established by DNA testing.

The following changes were also made:

  • No prosecution for sexual crimes against children may be based upon the memory of the victim that has been recovered through psychotherapy unless there is some evidence independent of such repressed memory.
  • Any person who knowingly and willfully makes a false claim of a sexual crime against a children or a claim that the person knows lacks factual foundation may be reported to local law enforcement for criminal investigation and, upon conviction, shall be guilty of a felony.
  • With regards to sexual crimes against children, “discovery” means the date that a physical or sexually related crime involving a victim 18 years old or older is reported to a law enforcement agency.

HB 1468 amended 11 O.S. § 152. This change went into effect on November 1, 2017.

Sources: HB 1468 & 11 O.S. § 152

Charged with a sexual crime against a child?

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405-633-3420

Change To Statute Of Limitations For Child Sexual Abuse Victims – 2017 Oklahoma Laws #8

child sexual abuse oklahomaThe statute of limitations for victims of child sexual abuse, exploitation, or incest is now the 45th birthday of the alleged victim. Previously, it was within two years of the alleged act or within two years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act or that the act caused the injury for which the claim was brought. Under the old statute, the time limit for commencing an action was tolled for a child until the child reached 18 years old or until five years after the perpetrator was released from jail or prison–whichever was later.

When an action against a perpetrator of child sexual abuse, exploitation, or incest must be brought by a victim in Oklahoma

Now, the action against the perpetrator must be commenced by the 45th birthday of the alleged victim. If the person committing the act of sexual abuse against a child was employed by an institution, agency, firm, business, corporation, or other public or private legal entity that owed a duty of care to the victim, or the accused and the child were engaged in some activity over which the legal entity had some degree of responsibility or control, the action must be brought against such employer or legal entity within two years; provided, that the time limit for commencement of an action pursuant to this law is tolled for a child until the child reaches the age of 18. No action may be brought against the alleged perpetrator or the estate of the alleged perpetrator after the death of such alleged perpetrator, unless the perpetrator was convicted of a crime of sexual abuse involving the claimant. An action pursuant to this law must be based upon objective verifiable evidence in order for the victim to recover damages for injuries suffered by reason of such sexual abuse, exploitation, or incest. The victim need not establish which act in a series of continuing sexual abuse incidents, exploitation incidents, or incest caused the injury complained of.

There is no longer a requirement for the evidence to include both proof that the victim had psychologically repressed the memory of the facts upon which the claim was predicated and that there was corroborating evidence that the sexual abuse, exploitation, or incest actually occurred.

HB 147 amended 12 O.S. § 95. This law went into effect on November 1, 2017.

Sources: 12 O.S. § 95HB 147

If you have been accused of child sexual abuse, exploitation, or incest,

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Call Urbanic.®

405-633-3420

 

New Oklahoma Laws In 2016 Part 14 – Prison Sentence Modification Period Extended To 60 Months

Previously, a prison sentence could be modified within 24 months of being imposed. HB 2443 amends 22 OS § 982a to allow sentences to be modified within 60 months.

The sentencing court can now modify a sentence within 60 months after any of the following:

  • the initial sentence
  • revocation of suspended sentence
  • an original sentence to Drug Offender Work Camp (DOWC)
  • after receipt by the trial court clerk of the mandate affirming conviction and sentence on appeal

HB 2443 – http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2443%20ENR.PDF

22 OS § 982a – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=70771

If you know someone who would like to have their Oklahoma prison sentence modified contact The Urbanic Law Firm.

405-633-3420

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New Oklahoma Laws In 2016 Part 13 – Doubling Fees To Prosecute You

SB 1610 doubles a variety of fees that are assessed in criminal cases. The new fee amounts are as follows:

  • Traffic case for each offense (other than DUI) – $20
  • Misdemeanor case for each offense – $30
  • Misdemeanor DUI offense – $30
  • Felony case for each offense – $50
  • Felony DUI offense – $50
  • Each juvenile case – $30

The sad thing is that most people didn’t have the money to pay the original fees. The higher fees will make it even more likely that people will be dragged back into court for not complying with the terms of their plea agreement.

This law took effect on November 1, 2016.

SB 1610http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/SB/SB1610%20ENR.PDF

Codified at 28 OS § 153 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=76795

If you’ve been charged with a crime, don’t panic! Call Urbanic.

405-633-3420

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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.

New Oklahoma Laws In 2016 Part IX – Revenge Porn Is Now Illegal

SB 1257 makes it illegal to disseminate private sexual images of a person without that person’s consent. In short, “revenge porn” is now illegal in Oklahoma. It’s a misdemeanor punishable by up to one year in jail and fined up to $1,000.Note that the victim has to be at least 18 years old. If the victim is under 18, then other laws are implicated and the punishment is way worse. And, the distribution is not just limited to online postings. You can also be found guilty if you hand a photograph to someone else.

21 OS § 1040.13bhttp://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=478179

SB 1257 – http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/SB/SB1257%20ENR.PDF

If you’ve been accused of distributing private sexual images without the other’s consent (revenge porn), don’t panic! Call Urbanic.

405-633-3420

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New Oklahoma laws in 2016 Part VII – Collection of DNA for felony arrests

If you’re arrested for a felony in Oklahoma, your DNA will now be taken. Simple as that!

Although I’m not a fan of the government having more information on us, I know that the collection of DNA in this manner has exonerated many people who have been wrongly convicted. So, I hope this law helps more people than it harms by the intrusion into our liberty.

The enacted legislation: HB 2275.

The primary statute: 22 OS § 210.

If you or anyone you know has been arrested —

Don’t panic! Call Urbanic.

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New Oklahoma laws in 2016 Part VI – No longer illegal to drive without insurance card

Before November 1, 2016, it was illegal to drive without an insurance card in Oklahoma–even if you had car insurance. You were subject to up to a $250 fine and imprisonment for no more than 30 days. HB 2473 changed all that. Those penalties applied equally to people who had insurance but no card and people with no insurance. Now, those penalties only apply to people driving without insurance. The officer now has to use an online verification system to check someone’s car insurance status, and the officer must be able to verify that you have insurance through that system for you to not get cited.

HB 2473 can be found here.

The law is codified in 47 OS § 7-600.2 here.

Here’s a news article on the new law

If you have been pulled over for any reason and arrested or issued a  ticket, call attorney Frank Urbanic at 405-633-3420.

New Oklahoma laws in 2016 Part V – Threshold for property crimes to be charged as a felony raised to $1,000

HB 2751 raises the threshold for property crimes to be charged as a felony to $1,000. It includes charges for the following theft crimes: embezzlement, bogus check, taking by false pretenses, receiving or concealing stolen property, forged or counterfeited instrument, larceny, and shoplifting (third and subsequent offense).

Grand larceny will be defined as the unlawful taking of property valued at over $1,000. Petit larceny is property taken that is valued at $1,000 or less.

Succinctly: it’s a felony if you steal over $1,000 worth of stuff.

I think this will greatly cut down on the amount of cases charged as felonies, so this is a good bill. No telling the last time this threshold was moved, so it makes sense to move it every once in a while to account for inflation.

Although what would have been charged as a felony will now be charged as a misdemeanor, it’s still not a good thing to have a theft conviction on your record. Theft is a crime of moral turpitude, which puts it a category of crimes that is worse than the other category. It will be more difficult–if not impossible–to get a job where you’re dealing with money if you have a conviction for a crime of moral turpitude on your record.

The text of HB 2751 can be found here. It goes into effect November 1, 2016.

This bill amends numerous sections in Title 21 of the Oklahoma Statutes.

If you’ve been charge with a theft crime in Oklahoma–

Don’t panic! Call Urbanic.

405-633-3420

New Oklahoma laws in 2016 Part IV – Reduction of mandatory minimums for drug offenses

HB 2479 reduces the mandatory minimum sentences for first and second felony drug possessions and lowers the maximum sentence for all felony drug possession charges.

The previous minimum for first-time possession of Schedule I and II drugs (except marijuana) was two years. On November 1, 2016, there will be no mandatory minimum for first-time possession of those drugs. A second violation for possession of those substances changes from 4–20 years to a maximum of ten years. This bill added the following category: a third or subsequent violation for possession of those substances will be 4–15 years. The fine for the third or subsequent violation will be up to $10,000.  The fine of up to $5,000 remains the same for the first possession conviction, and the fine of $10,000 remains the same for the second possession conviction.

Punishment for possession of a Schedule III, IV, or IV substance and marijuana during any probationary term or within 10 years following the completion of the execution of the execution of any sentence or deferred judgement for a drug violation changes from 2–10 years to 1–5 years.

And, in one subsection, it changes the spelling of marihuana to marijuana.

The entire text of the bill can be found here: http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2479%20ENR.PDF.

If you or anyone you know has been charged with a drug crime in Oklahoma, call The Urbanic Law Firm at 405-633-3420.