Tag: rape

Oklahoma’s Age of Consent & Statutory Rape Laws

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.


Age of Consent in Oklahoma

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.


Statutory Rape in Oklahoma

statutory rape oklahoma21 O.S. § 1111 states that rape occurs when the victim is 15 years old or younger. However, 21 O.S. § 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 O.S. § 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 16 years old and is less than 20 years old 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 18 years old 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 19 years old 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.
  • Where the victim is at least 16 years old but less than 18 years old and the perpetrator of the crime is a person responsible for the child’s health, safety or welfare. “Person responsible for a child’s health, safety or welfare” includes but is not limited to:
    • a parent,
    • a legal guardian,
    • custodian,
    • a foster parent,
    • a person 18 years old or older with whom the child’s parent cohabitates,
    • any other adult residing in the home of the child,
    • an agent or employee of a public or private residential home, institution, facility or day treatment program, or
    • an owner, operator or employee of a child care facility.


Incest in Oklahoma

Per 21 O.S. § 885, incest is illegal. 43 O.S. § 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.

Have you been charged with rape or incest in Oklahoma? Call Oklahoma sex crimes attorney Frank Urbanic in OKC at 405-633-3420.

Don’t panic!
Call Urbanic.®
(405) 633-3420

Sources: 21 O.S. § 1111, 21 O.S. § 1112, 21 O.S. § 885, & 43 O.S. § 2

Read about updates to Oklahoma’s rape law in 2018

Current as of April 1, 2019.

All Rape By Instrumentation Is Now First Degree Rape – 2017 Oklahoma Laws #11

All rape by instrumentation in Oklahoma is now defined as First Degree Rape by Instrumentation. This law change removes Second Degree Rape By Instrumentation. There is no longer a requirement of bodily harm or consideration of the victim’s age for a rape by instrumentation to constitute First Degree Rape By Instrumentation. Prior to November 2017, First Degree Rape By Instrumentation required either bodily harm or a victim 13 years old or younger.

Rape or Rape by Instrumentation in the First Degree occurs when the rape is:

oklahoma rape

  1. Committed by a person over 18 upon a person under 14;
  2. Committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime;
  3. Accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
  4. Accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
  5. Accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or
  6. By instrumentation regardless of the age of the victim or the age of the person committing the crime.

Rape in all other situations is Rape in the Second Degree. Rape by instrumentation occurs when any inanimate object or any part of the human body, not amounting to sexual intercourse, is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person. Note—nobody can be convicted of rape or rape by instrumentation on account of an act of sexual intercourse with anyone over the age of 14, with his or her consent, unless such person was over the age of 18 years at the time of such act.

Punishment for Rape in the First Degree

Rape in the First Degree is a felony. A first offense is punishable by death or imprisonment in the Department of Corrections from five years–life or life without parole. Someone convicted of this for a second time is not eligible for any form of probation. A third or subsequent violation requires  imprisonment in the Department of Corrections for either life or life without parole.

HB 1005 amended 21 O.S. § 1114. It went into effect November 1, 2017.

Sources: HB 100521 O.S. § 111421 O.S. § 111521 O.S. § 1111.1, 21 O.S. § 1113, & 21 O.S. § 1112.

Facing rape charges?

Don’t panic!

Call Urbanic.®