The following information was taken directly from the Oklahoma state legislation website at §21-888v1. 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. 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.
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. Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age; or 2.
Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused; 6. rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or 2.
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. 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.
Whether the encounter was consensual and whether the couple were in a steady relationship are of no consequence. Accusations may come from angry parents or may come from the under-aged partner as a result of a breakup or fear of getting in trouble.
If you have been accused of second degree rape in Oklahoma, knowledgeable legal defense can help you avoid being convicted of a sex crime.
For purposes of this subsection, “by use of any technology” means the use of any telephone or cell phone, computer disk (CD), digital video disk (DVD), recording or sound device, CD-ROM, VHS, computer, computer network or system, Internet or World Wide Web address including any blog site or personal web address, e-mail address, Internet Protocol address (IP), text messaging or paging device, any video, audio, photographic or camera device of any computer, computer network or system, cell phone, any other electrical, electronic, computer or mechanical device, or any other device capable of any transmission of any written or text message, audio or sound message, photographic, video, movie, digital or computer-generated image, or any other communication of any kind by use of an electronic device. A person is guilty of violating the provisions of this section if the person knowingly transmits any prohibited communication by use of any technology defined herein, or knowingly prints, publishes or reproduces by use of any technology described herein any prohibited communication, or knowingly buys, sells, receives, exchanges, or disseminates any prohibited communication or any information, notice, statement, website, or advertisement for communication with a minor or access to any name, telephone number, cell phone number, e-mail address, Internet address, text message address, place of residence, physical characteristics or other descriptive or identifying information of a minor, or other individual the person believes to be a minor. 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. Any violation of the provisions of this section shall be a felony, punishable by a fine in an amount not to exceed Ten Thousand Dollars (,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not more than ten (10) years, or by both such fine and imprisonment. Where the victim is under sixteen (16) years of age; 2.
For purposes of this section, each communication shall constitute a separate offense. For purposes of any criminal prosecution pursuant to any violation of this section, the person violating the provisions of this section shall be deemed to be within the jurisdiction of this state by the fact of accessing any computer, cellular phone or other computer-related or satellite-operated device in this state, regardless of the actual jurisdiction where the violator resides. Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent; 3.
If any charges are brought against you and you are convicted, you will have to register as a sex offender for the rest of your life. There is nothing normal or moral about a parent consenting to their teenaged child having sex.
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.
Often, media reports of sex crimes are accompanied by headlines proclaiming, “Teacher Charged with Rape,” or “Oklahoma City Man Arrested for Rape.” Those who see these headlines will often assume that “rape” implies a forcible, violent act.
Upon reading the story or watching the news report, however, a person quickly learns that the details of the case are much different.