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
21 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,
- 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.
Current as of April 1, 2019.