Tag: oklahoma

Who You Can Have Sex With In Oklahoma – Oklahoma’s Age Of Consent Law

I’m a frequent poster on Avvo.com. The question we get on there, by far, goes something like, “I’m X years old. Can I have sex with someone who is Y years old?”. The answer to this question requires a look at of Oklahoma’s age of consent, incest, and rape laws.

The age of consent in Oklahoma is 16. Therefore, it is generally legal for a 16-year-old to have sex with anyone older than them. Sex between people who are 15-18 years old is generally lawful. A variety of exceptions make that sex illegal.

21 OS § 1111 states that rape occurs when the victim is 15 years old or younger. However, 21 OS § 1112 states that a person cannot be convicted of rape when the consensual sex occurred with someone over 14 unless the person was 19 years or older.

21 OS § 1111 also states that the following sex is also illegal:

  • Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim. Translation: No sex by government employees with someone who is under the custody of a governmental agency if that agency the employee works for exercises authority over the victim.
  • Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system. Translation: A school employee who is 18 or older can’t have sex with a student in that same school system who is younger than 20.
  • Where the victim is nineteen (19) years of age or younger and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a foster parent or foster parent applicant. Translation: Foster parents can’t have sex with their foster children if the foster child is 19 or younger.

Per 21 OS § 885, incest is illegal. 43 OS § 2 outlines the parameters of whom it would be illegal to have sex with. Sex between people of the following relation is illegal:

  • ancestors and descendants of any degree,
  • a stepfather with a stepdaughter,
  • stepmother with stepson,
  • uncles and nieces,
  • aunts and nephews, except in cases where such relationship is only by marriage,
  • brothers and sisters of the half as well as the whole blood, and
  • first cousins.

If you’ve been charged with rape or incest,

Don’t panic!

Call Urbanic.

(405) 633-3420

Sources:

21 OS § 1111 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69602

21 OS § 1112 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69604

21 OS § 885 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69416

43 OS § 2 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71787

This is the (current) law that prosecutors will use to overturn the will of Oklahoma voters

In November 2016, voters in Oklahoma resoundingly said they’re fed up with the way drug crimes are prosecuted. State Question 780 modified the drug possession statute. It made every simple possession of drugs a misdemeanor. It won’t matter where you had the drugs, what kind of drug it was, or how many times you’ve been arrested for drug possession–it will always be a misdemeanor. The law goes into effect on July 1, 2017, and 58% of voters approved it

Now, our legislature is trying to undo SQ 780. The most likely legislative change will be to make it a felony to possess drugs within a certain distance of a handful of areas. This will turn about half of Oklahoma into a felony drug possession area. Oh, and you will have to serve 90% of your prison sentence.

HOWEVER–our out-of-touch legislators won’t have to wait until their meddling goes into effect. An obscure Oklahoma law CURRENTLY makes it a felony to possess a controlled dangerous substance without “affixing the appropriate stamp.” This is not a joke. So, come July, when prosecutors can’t use the usual drug possession statute anymore to charge people with felonies, they will be using 68 OS § 450.8 to convict people of not possessing a tax stamp. Of course, nobody will have a tax stamp, so any simple possession of drugs can also be a violation of this statute.

This is beyond outrageous. I love how people are out there now telling the voters that they were too stupid to know what they were voting for. I know exactly what I voted for, as did many people I talked with. The ink isn’t even dry on this statute, and everyone is trying to find a way to nullify it. Our prisons are overcrowded. Lives are ruined early on due to felony drug charges. The people who voted for SQ 780 see the effects of Oklahoma’s harsh drug laws first-hand. The people who are trying to change this law supposedly represent the community. Unfortunately, they don’t see things from the perspective of people who experience how broken the system is. Let’s see how this new law plays out before attempting to change it.

If you’ve been arrested for drug possession, then call The Urbanic Law Firm!

405-633-3420

Source:

68 OS § 450.8 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=92035

How to get pulled over in Oklahoma–OR–What NOT to do if you’re driving with drugs in your car

The following is a list of ridiculous reasons why law enforcement can pull you over in Oklahoma. Doing any of these will turn your car into a probable cause mobile.

  1. Driving with your fog lamps on when it’s not foggy. 47 OS § 12-217 states that fog lamps can only be used when visibility is 1/2 mile or less. Better play it safe and just don’t turn them on at all within our borders.
  2. Not signaling a lane change early enough. 47 OS § 11-309 states that a driver must signal a lane change at least 100 ft prior to changing lanes. How long is that when you’re driving? Who knows. Just put on that blinker a long time before you turn the wheel.
  3. Not signaling a right or left turn early enough. 47 OS § 11-604 states that a driver must signal a right or left turn at least 100 ft prior to turning. Again, signal way before you think you need to turn.
  4. Following too closely. 47 OS § 11-310 states, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” What the hell does that mean?? It means that a cop can pull you over for any distance he or she deems is “too close.” So stay as far behind every other vehicle as possible.
  5. License plate insufficiently lit. 47 OS § 12-204.1 states that a license plate must be lit to where it is legible at 50 ft. You also can’t have more than two lights illuminating the plate. And the lights have to be white.
  6. Third brake light not working. 47 OS § 12-206 states that the third (middle) brake light must be operational if your vehicle is equipped with one.
  7. Driving in the left lane without passing somebody. 47 OS §11-309 states that you can’t impede the normal flow of traffic by driving in the left lane. 47 OS §11-301 states that you need to drive in the right hand lane if you’re driving at less than the normal speed of traffic. Translation: Don’t clog up the left lane, and move right if you’re slow. Actually, this is not a ridiculous law. You should be arrested if you’re driving slow in the fast lane!

I’ve seen people pulled over for many of the above reasons. Oklahoma cops ARE looking for those things, and they WILL pull you over!

And, of course, there are the more obvious reasons to pull you over:

  • Speeding
  • Expired tag
  • Not wearing a seat belt
  • Broken taillight/headlight
  • Marijuana smoke billowing out of your vehicle

So, if you’re going to be driving on Oklahoma roads and don’t want to get stopped, just follow a few simple instructions. Inspect your car prior to leaving. Make sure all lights work. While you’re doing that, check to make sure your tag isn’t expired. Signal way before you turn or change lanes. Don’t go one mile over the speed limit. Wear a seat belt. Stay far behind other vehicles. And NEVER, EVER, EVER use your fog lamps.

Have I left out any ridiculous reasons people get pulled over for in Oklahoma? Let me know!

Have you been pulled over for something ridiculous? Or something not ridiculous?

Call The Urbanic Law Firm!

405-633-3420

Sources: