Tag: sex crime

Charging State Subcontractors With Sex Crimes – 2017 Oklahoma Laws #15

State subcontractors and their employees are now included in the definitions of sodomy, rape, and sexual battery.

Forcible Sodomy Definition in Oklahoma

Forcible Sodomy in Oklahoma now includes the following act:

  • Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality, or political subdivision of Oklahoma upon a person who is under the legal custody, supervision, or authority of a state agency, a county, a municipality or a political subdivision of Oklahoma, or the subcontractor or employee of a subcontractor of the contractor of the state or federal government, a county, a municipality or a political subdivision of Oklahoma.

Rape Definition in Oklahoma

The definition of rape in Oklahoma now includes an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator:

  • 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 Oklahoma, the federal government, a county, a municipality, or a political subdivision that exercises authority over the victim, or the subcontractor or employee of a subcontractor of the contractor of the state or federal government, a county, a municipality, or a political subdivision that exercises authority over the victim.

Sexual Battery Definition in Oklahoma

Oklahoma sex crime contractor
The definition of sexual battery in Oklahoma now includes the intentional touching, mauling or feeling of the body or private parts of any person who is at least 16 years old in a lewd and lascivious manner:

  • When committed by a state, county, municipal, or political subdivision employee or a contractor or an employee of a contractor of Oklahoma, a county, a municipality, or political subdivision of Oklahoma upon a person who is under the legal custody, supervision, or authority of a state agency, a county, a municipality, or a political subdivision of Oklahoma, or the subcontractor or employee of a subcontractor of the contractor of the state or federal government, a county, a municipality, or a political subdivision of Oklahoma.

SB 273 amended 21 O.S. § 888, 21 O.S. § 1111, & 21 O.S. § 1123. It went into effect July 1, 2017.

Sources: SB 27321 O.S. § 88821 O.S. § 1111, & 21 O.S. § 1123.

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Must Instruct Jury On Definition Of Consent In Sex Crime Cases – 2017 Oklahoma Laws #13

oklahoma consent lawOklahoma criminal courts must instruct the jury on the definition of consent in any crime involving any type of sexual contact or behavior where “consent” is an element of the crime or defense raised by the accused. HB 1127 modified 21 O.S. § 112. It went into effect November 1, 2017.

“Sexual assault” is any type of sexual contact or behavior that occurs without explicit consent of the recipient including, but not limited to, forced sexual intercourse, forcible sodomy, child molestation, child sexual abuse, incest, fondling, and all attempts to complete any of the aforementioned acts.

“Consent” is the affirmative, unambiguous, and voluntary agreement to engage in a specific sexual activity during a sexual encounter that can be revoked at any time.

Consent cannot be given by an individual who is:

  1. asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason or
  2. is under duress, threat, coercion or force.

Consent cannot be inferred under circumstances in which consent is not clear including, but not limited to:

  1. The absence of an individual saying “no” or “stop” or
  2. The existence of a prior or current relationship or sexual activity.

This change will affect many people charged with sex crimes and give a uniform definition of consent. The definition now used has only been in effect by statute since 2016. This law will likely result in less appeals based on the wording of “consent” in the jury instructions.

Sources: HB 112721 O.S. § 112, & 21 O.S. § 113

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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

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New Oklahoma Laws In 2016 Part 19 – Expanding The Force Element In Specific Sexual Assault Crimes & Defining The Necessary Consent For A Sexual Act

HB 2398 expanded the force element in specific sexual assault crimes and defined the necessary consent for a sexual act. This part of the bill created 21 OS §§ 111-113.

In all instances of sexual assault including, but not limited to, rape, rape by instrumentation and forcible sodomy where force is alleged, the term “force” shall mean any force, no matter how slight, necessary to accomplish the act without the consent of the victim. The force necessary to constitute an element need not be actual physical force since fear, fright or coercion may take the place of actual physical force.

The term “sexual assault” is any type of sexual contact or behavior that occurs without explicit consent of the recipient including, but not limited to, forced sexual intercourse, forcible sodomy, child molestation, child sexual abuse, incest, fondling and all attempts to complete any of the aforementioned acts.

The term “consent” means the affirmative, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter which can be revoked at any time. Consent cannot be:

1. Given by an individual who: (a) is asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason, or (b) is under duress, threat, coercion or force; or

2. Inferred under circumstances in which consent is not clear including, but not limited to: (a) the absence of an individual saying “no” or “stop”, or (b) the existence of a prior or current relationship or sexual activity.

This law went into effect June 6, 2016.

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

21 OS § 111 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=478165

21 OS § 112 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=478166

21 OS § 113 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=478167

If you have been accused of committing a sex crime then, The Urbanic Law Firm can help you.

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