Muskogee Lawyer BlogStatutory Rape Laws in Muskogee, Oklahoma

What is Statutory Rape in Muskogee, Oklahoma?

We hear the term used often on TV crime dramas and in the newspapers. And although many of us have heard the term before, we may not be sure what it means or how statutory rape is different from what we normally think of rape. Here is what you need to know about statutory rape in Muskogee, Oklahomastatutory rape

Oklahoma Rape Classifications

Oklahoma classifies rape into three different categories: rape in the first degree, rape in the second degree, and rape by instrumentation. Types of rape are fit into these three categories. The lower the degree number, the more serious the crime.

Rape in the Second Degree

Rape in the second degree is everything that is not first degree rape or rape by instrumentation. It is what we usually think of as statutory rape. Statutory rape is not a crime of violence, but is based on the victim being unable to give legal consent to the sexual contact, usually because the victim is underage. Intercourse with a minor can get you into trouble. In Oklahoma, the age of consent is 16.

Statutory rape can occur in a number of situations. The parties to the intercourse can be of the same or opposite sex. Statutory rape applies to all these situations:

  • The victim can be under the age of 16.
  • The victim is under the belief, induced by the perpetrator, that the victim was having intercourse with his or her spouse.
  • The victim was under legal custody or supervision of a state, county or other agency and the perpetrator was an employee of that agency and exercised authority over the victim.
  • The victim was between 16 and 20 years of age and was a student or under legal supervision of a school and the defendant was 18 years of age or older and was an employee of the victim’s school.
  • The victim was 19 years or younger and in the legal custody of a court or other state or federal agency and the defendant was either the foster parent or foster parent applicant. OUJI-CR 4-124.

If the victim is under 14 years of age, rape in the first degree is a possible charge.

Penalties For Statutory Rape

If convicted, you could face as little as one to in prison to as many as 15 years in prison.

Rape In The First Degree Contrasted

First degree rape is what we normally think about when we think about rape. It is crime of violence. In contrast, statutory rape is not a violent crime. The parties would like to consent to the sexual contact but are not legally able to do so.

Facilitating Or Engaging in Sexual Communication With a Minor

In this day and age, electronic communication is used by the majority of people. An adult, who has used electronic devices to communicate about sexual activities with a minor, could face additional charges. It is against the law in Oklahoma to facilitate, encourage, or solicit sexual contact with a minor using any sort of electronic device. To do so is a felony punishable by as many as 10 years in prison. And you could be fined as much as $10,000. Okla. Stat. tit. 21 § 45-1114 & 45-1123.

The penalties for statutory rape can be harsh. All prison time is hard time. If you or a loved one are facing charges in Muskogee, Oklahoma, it is important that you hire an experienced criminal defense attorney as soon as possible.

Free Consultation: Muskogee Defense Attorney

We are here to help you. The capable, experienced Muskogee criminal defense attorneys at the Wirth Law Office will carefully explain the process and alternatives you face, and are willing and able to explore all possible defenses and fight all out for you. Get the help you need.

Call an experienced Muskogee criminal offense attorney today at (918) 913-0725, or toll-free at 1 (888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a brief question or message.

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