Disclaimer Contents State List
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
URL - LSB.STATE.OK.US
§21‑108. Gender.
Words
used in the masculine gender comprehend as well the feminine and neuter.
§21‑885.
Incest.
Persons who, being within the degrees of consanguinity
within which marriages are by the laws of the state declared incestuous and
void, intermarry with each other, or commit adultery or fornication with each
other, shall be guilty of a felony punishable by imprisonment in the State
Penitentiary not exceeding ten (10) years.
§21-888v1.
Forcible sodomy.
A.
Any person who forces another person to engage in the detestable and abominable
crime against nature, pursuant to Section 886 of this title, upon conviction,
is guilty of a felony punishable by imprisonment in the State Penitentiary for
a period of not more than twenty (20) years, except as provided in Section 3 of
this act. Any person convicted of a
second violation of this section, where the victim of the second offense is a
person under sixteen (16) years of age, shall not be eligible for probation,
suspended or deferred sentence.
B. The crime of forcible sodomy shall include:
1. Sodomy committed by a person over eighteen (18) years
of age upon a person under sixteen (16) years of age; or
2. Sodomy 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; or
3. Sodomy 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 victim or the person committing the
crime; or
4. 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 this state 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 this state.
§21-888v2. Forcible sodomy.
A. Any person who forces another person to engage in
the detestable and abominable crime against nature, pursuant to Section 886 of
this title, upon conviction, is guilty of a felony punishable by imprisonment
in the State Penitentiary for a period of not more than twenty (20) years. Any person convicted of a second violation
of this section, where the victim of the second offense is a person under
sixteen (16) years of age, shall not be eligible for probation, suspended or
deferred sentence. Any person convicted
of a third or subsequent violation of this section, where the victim of the
third or subsequent offense is a person under sixteen (16) years of age, shall
be punished by imprisonment in the State Penitentiary for a term of life or
life without parole, in the discretion of the jury, or in case the jury fails
or refuses to fix punishment then the same shall be pronounced by the
court. Any person convicted of a
violation of this subsection after having been twice convicted of a violation
of subsection A of Section 1114 of this title, a violation of Section 1123 of
this title or sexual abuse of a child pursuant to Section 7115 of Title 10 of
the Oklahoma Statutes, or of any attempt to commit any of these offenses or any
combination of said offenses, shall be punished by imprisonment in the State
Penitentiary for a term of life or life without parole.
B. The crime of forcible sodomy shall include:
1. Sodomy committed by a person over eighteen (18)
years of age upon a person under sixteen (16) years of age; or
2. Sodomy 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; or
3. Sodomy 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 victim or the person committing the
crime; or
4. 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 this state
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 this
state; or
5. Sodomy committed upon a person who is at least
sixteen (16) years of age but less than twenty (20) years of age and is a
student of any public or private secondary school, junior high or high school,
or public vocational school, with a person who is eighteen (18) years of age or
older and is employed by the same school system.
§21-1021. Indecent exposure - Indecent exhibitions -
Obscene material or child pornography - Solicitation of minors.
A. Every person who willfully and knowingly either:
1. Lewdly exposes his person or genitals in any
public place, or in any place where there are present other persons to be offended
or annoyed thereby;
2. Procures, counsels, or assists any person to
expose such person, or to make any other exhibition of such person to public
view or to the view of any number of persons, for the purpose of sexual
stimulation of the viewer;
3. Writes, composes, stereotypes, prints,
photographs, designs, copies, draws, engraves, paints, molds, cuts, or
otherwise prepares, publishes, sells, distributes, keeps for sale, knowingly
downloads on a computer, or exhibits any obscene material or child pornography;
or
4. Makes, prepares, cuts, sells, gives, loans,
distributes, keeps for sale, or exhibits any disc record, metal, plastic, or
wax, wire or tape recording, or any type of obscene material or child
pornography, shall be guilty, upon conviction, of a felony and shall be
punished by the imposition of a fine of not less than Five Hundred Dollars
($500.00) nor more than Twenty Thousand Dollars ($20,000.00) or by imprisonment
for not less than thirty (30) days nor more than ten (10) years, or by both such
fine and imprisonment.
B. Every person who:
1. Willfully solicits or aids a minor child to
perform; or
2. Shows, exhibits, loans, or distributes to a minor
child any obscene material or child pornography for the purpose of inducing
said minor to participate in, any act specified in paragraphs 1, 2, 3 or 4 of
subsection A of this section shall be guilty, upon conviction, of a felony and
shall be punished by imprisonment in a state correctional institution for not
less than ten (10) years nor more than thirty (30) years.
C. Persons convicted under this section shall not be
eligible for a deferred sentence.
D. For purposes of this section, “downloading on a
computer” means electronically transferring an electronic file from one computer
or electronic media to another computer or electronic media.
§21-1111.
Rape defined.
A. Rape is 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 under any of the following circumstances:
1. Where the
victim is under sixteen (16) years of age;
2. Where the victim is incapable through mental
illness or any other unsoundness of mind, whether temporary or permanent, of
giving legal consent;
3. Where force or violence is used or threatened,
accompanied by apparent power of execution to the victim or to another person;
4. 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;
5. Where the victim is at the time unconscious of
the nature of the act and this fact is known to the accused;
6. Where the victim submits to sexual intercourse
under the belief that the person committing the act is a spouse, and this
belief is induced by artifice, pretense, or concealment practiced by the
accused or by the accused in collusion with the spouse with intent to induce
that belief. In all cases of collusion
between the accused and the spouse to accomplish such act, both the spouse and
the accused, upon conviction, shall be deemed guilty of rape;
7. 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; or
8. 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.
B. Rape is an act of sexual intercourse accomplished
with a male or female who is the spouse of the perpetrator if force or violence
is used or threatened, accompanied by apparent power of execution to the victim
or to another person.
§21‑1111.1. Rape by instrumentation.
Rape by instrumentation is an act within or without the bonds of matrimony in which 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. Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met.
§21‑1112.
Age limitation on conviction for rape.
No person can be convicted of rape or rape by instrumentation on account of an act of sexual intercourse with anyone over the age of fourteen (14) years, with his or her consent, unless such person was over the age of eighteen (18) years at the time of such act.
§21‑1113.
Slight penetration is sufficient to complete crime.
The essential guilt of rape or rape by instrumentation, except with the consent of a male or female over fourteen (14) years of age, consists in the outrage to the person and feelings of the victim. Any sexual penetration, however slight, is sufficient to complete the crime.
§21‑1114.
Rape in first degree ‑ Second degree.
A. Rape in the first degree shall include:
1. rape committed by a person over eighteen (18)
years of age upon a person under fourteen (14) years of age; or
2. rape 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; or
3. rape 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
4. rape by instrumentation resulting in bodily harm
is rape by instrumentation in the first degree regardless of the age of the
person committing the crime; or
5. rape by instrumentation committed upon a person
under fourteen (14) years of age.
B. In all other cases, rape or rape by
instrumentation is rape in the second degree.
§21-1115v1.
Rape in first degree a felony.
Rape in the first degree is a felony punishable by death
or imprisonment in the State Penitentiary, not less than five (5) years, except
as provided in Section 3 of this act, in the discretion of the jury, or in case
the jury fails or refuses to fix the punishment then the same shall be
pronounced by the court.
§21-1115v2. Rape in first degree a felony.
Rape in the first degree is a felony punishable by death or imprisonment in the State Penitentiary, for a term of not less than five (5) years, life or life without parole. Any person convicted of a second or subsequent violation of subsection A of Section 1114 of this title shall not be eligible for any form of probation. Any person convicted of a third or subsequent violation of subsection A of Section 1114 of this title or of an offense under Section 888 of this title or an offense under Section 1123 of this title or sexual abuse of a child pursuant to Section 7115 of Title 10 of the Oklahoma Statutes, or any attempt to commit any of these offenses or any combination of these offenses shall be punished by imprisonment in the State Penitentiary for life or life without parole.
§21‑1116.
Rape in second degree a felony.
Rape in the second degree is a felony punishable by imprisonment in the State Penitentiary not less than one (1) year nor more than fifteen (15) years.
§21‑1119. Abduction of person under fifteen.
Every person who takes away or induces to leave any person under the age of fifteen (15) years, from a parent, guardian or other person having the legal charge of the person, without the consent of said parent, guardian, or other person having legal charge, for the purpose of marriage or concubinage, or any crime involving moral turpitude shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years, or by imprisonment in the county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
§21-1123v1. Lewd or indecent proposals or acts as to
child under 16 - Sexual battery.
A. Any
person who shall knowingly and intentionally:
1. Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age for the child to have unlawful sexual relations or sexual intercourse with any person; or
2. Look upon, touch, maul,
or feel the body or private parts of any child under sixteen (16) years of age
in any lewd or lascivious manner by any acts against public decency and
morality, as defined by law; or
3. Ask, invite, entice, or persuade any child under sixteen (16) years of age to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child; or
4. In any manner lewdly or lasciviously look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any indecent manner or in any manner relating to sexual matters or sexual interest; or
5. In a lewd
and lascivious manner and for the purpose of sexual gratification, urinate or
defecate upon a child under sixteen (16) years of age or ejaculate upon or in
the presence of a child, or force or require a child to look upon the body or
private parts of another person or upon sexual acts performed in the presence
of the child or force or require a child to touch or feel the body or private
parts of said child or another person, upon
conviction, shall
be deemed guilty of a felony and shall be punished by imprisonment in the State
Penitentiary for not less than one (1) year nor more than twenty (20) years,
except as provided in Section 3 of this act.
The provisions of this section shall not apply unless the accused is at
least three (3) years older than the victim.
Any person convicted of a second or subsequent violation of subsection A of this section shall be guilty of a felony and shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of subsection A of this section shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court.
B. No person shall commit sexual battery on any other
person. “Sexual battery” shall mean the intentional touching, mauling or
feeling of the body or private parts of any person sixteen (16) years of age or
older, in a lewd and lascivious manner and without the consent of that person
or when 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 this state 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 this state.
C. Any person convicted of any violation of this
subsection shall be deemed guilty of a felony and shall be punished by
imprisonment in the State Penitentiary for not more than five (5) years.
§21-1123v2.
Lewd or indecent proposals or acts as to child under 16 or person
believed to be under 16 — Sexual battery
A. It is a felony for any person to knowingly and intentionally:
1. Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, for the child to have unlawful sexual relations or sexual intercourse with any person; or
2. Look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any lewd or lascivious manner by any acts against public decency and morality, as defined by law; or
3. Ask, invite, entice, or persuade any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child; or
4. In any manner lewdly or lasciviously look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any indecent manner or in any manner relating to sexual matters or sexual interest; or
5. In a lewd and lascivious manner and for the purpose of sexual
gratification:
a. urinate or defecate upon a child under sixteen
(16) years of age,
b. ejaculate upon or in the presence of a child,
c. cause, expose, force or require a child to look upon the body or private parts of another person,
d. force or require any child under sixteen (16) years of age or other individual the person believes to be a child under sixteen (16) years of age, to view any obscene materials, child pornography or materials deemed harmful to minors as such terms are defined by Sections 1024.1 and 1040.75 of this title,
e. cause, expose, force or require a child to look upon sexual acts performed in the presence of the child, or
f. force or require a child to touch or feel the body or private parts of said child or another person.
Any person convicted of any
violation of this subsection shall be punished by imprisonment in the custody
of the Department of Corrections for not less than three (3) years nor more
than twenty (20) years. The provisions
of this subsection shall not apply unless the accused is at least three (3)
years older than the victim. Any person
convicted of a second or subsequent violation of this subsection shall be
guilty of a felony punishable as provided in this subsection and shall not be
eligible for probation, suspended or deferred sentence. Any person convicted of a
third or subsequent violation of this subsection shall be guilty of a felony
punishable by imprisonment in the custody of the Department of Corrections for
a term of life or life without parole, in the discretion of the jury, or in
case the jury fails or refuses to fix punishment then the same shall be pronounced
by the court. Any person convicted of a
violation of this subsection after having been twice convicted of a violation
of subsection A of Section 1114 of this title, Section 888 of this title,
sexual abuse of a child pursuant to Section 7115 of Title 10 of the Oklahoma
Statutes, or of any attempt to commit any of these offenses or any combination
of convictions pursuant to these sections shall be punished by imprisonment in
the custody of the Department of Corrections for a term of life or life without
parole.
B. No person shall commit
sexual battery on any other person.
“Sexual battery” shall mean the intentional touching, mauling or feeling
of the body or private parts of any person sixteen (16) years of age or older, in
a lewd and lascivious manner and without the consent of that person or when
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 this state 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 this state.
C. Any person convicted of a
violation of subsection B of this section shall be deemed guilty of a felony
and shall be punished by imprisonment in the custody of the Department of
Corrections for not more than ten (10) years.
D. The fact that an
undercover operative or law enforcement officer was involved in the detection
and investigation of an offense pursuant to this section shall not constitute a
defense to a prosecution under this section.
§21‑1116. Rape in second degree a felony.
Rape in the second degree is a felony punishable by imprisonment in the State Penitentiary not less than one (1) year nor more than fifteen (15) years.
§22-40. Definitions.
As used in Sections 40 through 40.3 of this title:
;Rape; means an act of sexual intercourse accomplished with a person pursuant to Sections 1111, 1111.1 and 1114 of Title 21 of the Oklahoma Statutes; and
;Forcible sodomy; means the act of forcing another person to engage in the detestable and abominable crime against nature pursuant to Sections 886 and 887 of Title 21 of the Oklahoma Statutes that is punishable under Section 888 of Title 21 of the Oklahoma Statutes.
§22-40.1. Victim of rape or forcible sodomy - Notice
of rights.
Upon the preliminary investigation of any rape
or forcible sodomy, it shall be the duty of the officer who interviews the
victim of the rape or forcible sodomy to inform the victim, or a responsible
adult if the victim is a minor child or an incompetent person, of the
twenty-four-hour statewide telephone communication service established by the
Department of Mental Health and Substance Abuse Services for victims of sexual
assault pursuant to Section 3-314 of Title 43A of the Oklahoma Statutes and to
give notice to the victim or such responsible adult of certain rights of the
victim. The notice shall consist of
handing such victim or responsible adult a written statement in substantially
the following form:
“As a victim of the crime of rape or forcible sodomy, you have certain rights. These rights are as follows:
1. The right
to request that charges be pressed against your assailant;
2. The right to request protection from any harm or threat of harm arising out of your cooperation with law enforcement and prosecution efforts as far as facilities are available and to be provided with information on the level of protection available;
3. The right to be informed of financial assistance and other social services available to victims, including information on how to apply for the assistance and services;
4. The right to a free medical examination for the procurement of evidence to aid in the prosecution of your assailant; and
5. The right to be informed by the district attorney of other victim's rights available pursuant to Section 215.33 of Title 19 of the Oklahoma Statutes.”
The written notice shall also include the telephone
number of the twenty-four-hour statewide telephone communication service
established by the Department of Mental Health and Substance Abuse Services in
Section 3-314 of Title 43A of the Oklahoma Statutes.
§22-152. Limitations in general.
A. Prosecutions for the crimes of bribery, embezzlement of public money, bonds, securities, assets or property of the state or any county, school district, municipality or other subdivision thereof, or of any misappropriation of public money, bonds, securities, assets or property of the state or any county, school district, municipality or other subdivision thereof, falsification of public records of the state or any county, school district, municipality or other subdivision thereof, and conspiracy to defraud the State of Oklahoma or any county, school district, municipality or other subdivision thereof in any manner or for any purpose shall be commenced within seven (7) years after the discovery of the crime; provided, however, prosecutions for the crimes of embezzlement or misappropriation of public money, bonds, securities, assets or property of any school district, including those relating to student activity funds, or the crime of falsification of public records of any independent school district, the crime of criminal conspiracy, the crime of embezzlement, pursuant to Sections 1451 through 1462 of Title 21 of the Oklahoma Statutes, or the financial exploitation of a vulnerable adult, pursuant to Sections 843.1 and 843.3 of Title 21 of the Oklahoma Statutes and Section 1 of this act, shall be commenced within five (5) years after the discovery of the crime.
B. Prosecutions for criminal violations of any state income tax laws shall be commenced within five (5) years after the commission of such violation.
C. 1.
Prosecutions for the crime of rape or forcible sodomy, sodomy, lewd or
indecent proposals or acts against children, involving minors in pornography
pursuant to Section 886, 888, 1111, 1111.1, 1113, 1114, 1021.2, 1021.3 or 1123
of Title 21 of the Oklahoma Statutes, and child abuse pursuant to Section 7115
of Title 10 of the Oklahoma Statutes, shall be commenced within twelve (12)
years after the discovery of the crime.
2. However, prosecutions for the crimes listed in paragraph 1 of this subsection may be commenced at any time after the commission of the offense if:
a. the victim notified law enforcement within twelve (12) years after the discovery of the crime,
b. physical evidence is collected and preserved that is capable of being tested to obtain a profile from deoxyribonucleic acid (DNA), and
c. the identity of the offender is subsequently established through the use of a DNA profile using evidence listed in subparagraph b of this paragraph.
A prosecution under this exception must be commenced within three (3) years from the date on which the identity of the suspect is established by DNA testing.
D. Prosecutions for criminal violations of any provision of the Oklahoma Wildlife Conservation Code shall be commenced within three (3) years after the commission of such offense.
E. Prosecutions for the crime of criminal fraud or workers' compensation fraud pursuant to Section 1541.1, 1541.2, 1662 or 1663 of Title 21 of the Oklahoma Statutes shall commence within three (3) years after the discovery of the crime, but in no event greater than seven (7) years after the commission of the crime.
F.
Prosecution for the crime of false or bogus check, Section 1541.1,
1541.2, 1541.3 or 1541.4 of Title 21 of the Oklahoma Statutes, shall be
commenced within five (5) years after the commission of such offense.
G.
Prosecution for the crime of solicitation for murder in the first degree
pursuant to Section 701.16 of Title 21 of the Oklahoma Statutes shall be
commenced within seven (7) years after the discovery of the crime. For purposes of this subsection, “discovery”
means the date upon which the crime is made known to anyone other than a person
involved in the solicitation.
H. In all
other cases a prosecution for a public offense must be commenced within three
(3) years after its commission.
I. As used in paragraph 1 of subsection C of this section, “discovery” means the date that a physical or sexually related crime involving a victim under the age of eighteen (18) years of age is reported to a law enforcement agency, up to and including one (1) year from the eighteenth birthday of the child.
My email address true_perspective@yahoo.com
Revised 02/07