There are a number of laws that prohibit child sexual abuse in Oklahoma. There is some overlap in these laws. Thus, a prosecutor in Muskogee has a great deal of discretion regarding how to charge an adult.
Child Sexual Abuse in Oklahoma Defined
Child sexual abuse in Oklahoma is legally defined as the willful and malicious touching or other sexual act or activity with a minor. It includes, but is not limited to, rape, incest, and lewd and indecent acts or proposals of a child. Okla. Stat. 21 § 843.1
The crime is a felony in Muskogee. Possible penalties could be up to a year in county jail, a fine between $500 to $5,000, or both. Life in prison is also a possibility. Okla. Stat. tit.21 § 843.5
If the Oklahoma child abuse victim is under 12 years of age, a defendant will face at least 25 years in prison.
Other Statutes You Could Be Charged Under
Oklahoma also has a catch-all statute for sexual abuse involving a child under the age of 16. The law provides a laundry list of activities that are prohibited, ranging from sexual communications to physical sexual act with a child.
Oklahoma law defines lewd or indecent acts or proposals to a child under 16 as knowingly and intentionally engaging in any sort of lewd or indecent act or proposal with a child under the age of 16 or is reasonably believed to be under that age. Okla. Stat. tit. 21 § 1123
Specifically prohibited are:
- any oral, written, electronic, or computer-generated lewd or indecent proposal;
- touching;
- mauling;
- ejaculating;
- lasciviously looking at a child’s private parts;
- making a child look at or touch another person’s private parts;
- engaging in any sexual act;
- forcing a child to view or engage in a sexual act;
- viewing pornography;
- urinating or defecating;
- sexually exposing yourself to a child;
- enticing a child to a private location with the intent to have sexual contact;
- masturbation;
- bondage;
- penetration; or
- sexual touching of any sort.
In order to be charged under this statute, the child must be under 16 and the perpetrator must be at least three years older than the victim.
Penalties for Lewd or Indecent Proposals or Acts With a Child
If convicted, a defendant could face a prison term from 3 to 20 years if the child is under 16, and at least 25 years in prison if the child is under 12. A subsequent conviction could mean life without the possibility of parole.
Defenses to Child Sexual Abuse
Defenses may be available to you. The facts of your case are very important and it is important that you discuss your case with an experienced criminal defense lawyer.
One common defense is to allege that the allegations against you are false. Mistakes happen, and sometimes a child can be unwittingly leveraged in a custody battle or between warring spouses.
There are also technical defenses that can be explored with your attorney. Some of these include problems with evidence and witness testimony. These cases require careful and intensive investigation of the facts and witnesses by an experienced Muskogee attorney.
Low-cost Consultation: Muskogee Felony Attorney
Only experienced criminal lawyers in Muskogee can work to build a strong defense for you. What may look like insignificant issues to an inexperienced attorney may, in the end, determine your case.
Details matter when piecing together the evidence for your defense. Our Muskogee attorneys will stand up for you against bogus criminal charges or negotiate a better outcome if you did indeed commit a crime.
Our attorneys know how to present in court the details that can significantly affect the result of a criminal case.
Call a Muskogee felony attorney today at 918-884-7774 to ask questions or schedule a low-cost, confidential consultation.
