Wednesday October 1, 2014
Age of Consent Questions for Oklahoma
Q&A on statutory rape laws, age of consent laws, sexual assault laws for Oklahoma. Ask your Question
I've read statutory rape can no longer be declared when a minor reaches the age of consent. I've also read that depending on the age difference between the minor, who has reached the age of consent, and an adult, that the adult can still be tried for some sort of sexual offense because although reaching age of consent, the minor is still just a minor. So I've got a 16 year old friend and a 22 year old friend having sexual intercourse, are there legal grounds against this? If not, what age range, if any, constitutes the law stepping in when an minor who has reached age of consent is having sex with an adult.
When a minor reaches the age of consent, by law they can no longer become a victim of statutory rape. If a minor who has reached the age of consent has consensual sex with an adult, the adult is not violating the statutory rape law. Generally speaking, when adults engage in sexual activities with minors, there is potential for several other laws to be violated due to the nature of "adult" activities that may not be legal for minors; such as, drinking alcohol, smoking cigarettes, providing controlled substances to minor's, contributing to a minor's delinquency, aiding a run away minor, etc. There are also parental rights to consider. A minor is still under the legal charge of the parent. A minor can not be bound by any legal contract without parental involvement and consent. A person may not interfere with a parents right to protect and control the minor child's activities within the laws of the state. Parents may, in some situations, petition the court of an order of protection against any person who is putting their minor child at risk or interfering with their parental rights. If such a petition is granted by the court, it becomes a court order making it illegal for the named party to contact the minor child. If the court order is violated, it could mean prosecution for contempt of court and possible jail time.
Our class is reviewing penalties/punishments for the state of OKlahoma in regards to sexual abuse in child, elderly, male, female and so on. What are some of the laws or statuates on sexual assault and the penalties associated with the crimes?
To list them all here in a response would make one extremely long page. Please visit the Oklahoma State Courts Network Title 21 Crimes and Punishments You will find a list of chapters with title links to each law. Scroll down through the chapters to find Oklahoma Law on assault and sexual related crimes as follows: Chapter 20 Assault and Battery Chapter 30 Miscellaneous Offenses Against the Person General Provisions - Child Abuse Chapter 31A Contributing to Delinquency of Minors Chapter 32 Abortion-Concealing Death of Child Chapter 32A Trafficking in Children Chapter 33 Adultery Chapter 45 Rape, Abduction, Carnal Abuse, and seduction of children. Throughout these chapters are also the various definitions in the laws, punishments, victims compensation acts etc...
Is it illegal for a 16 year old to date and have sex with a 41 year old when the parents of the 16 year old agree to let them see each other? what is the penalty if it is a crime
The age at which a minor may consent to a sexual act in the state of Oklahoma is 16. However, in the scenario you describe there are area's within Oklahoma law where this may be considered a ciminal act. More detail and a consultation with a lisenced attorney in the state of Oklahoma would be highly recommended prior to sexual involvement with a minor. Upon conviction, it would be deemed a felony and the penalty could range between 1-20 year prison sentence.
my brother is 18 his girlfriend is 16 can he get trouble for being w her
In Oklahoma, the statutory age of consent is 16. If the 18 year old and the 16 year old are involved in a consensual sexual act, the 18 year old would NOT be found in violation of the sexual offense statutes. It should be noted that the 16 year old is still a minor child under the parents authority until the age of 18. This means, the parents legally have the right to restrict or prohibit the minor's activites and contact with anyone.
How can I keep a twenty-five year old man from dating my 13 year old daughter
The first thing you can do is contact your local police department and report that you have a 13 year old daughter who is being pursued by a 25 year old man. Ask police what steps you can take to protect your daughter from further involvement with this adult. As the parent of a minor child, you have certain protective rights, responsibilities, and legal authority over your minor child until she reaches the age of legal adulthood. If necessary, you may be able to file a protective order (also known as a restraining order) which can be granted by a judge to make it illegal for the 25 year old to be within a specified distance of your daughter for a set period of time. If the order is violated, he would be arrested for violating a court order. Policy and procedure for obtaining these court orders can vary from city to city and county to county; Contact your local law enforcement or the court clerk to inquire about this. You did not mention sexual contact or involvement between your daughter and the 25 year old; however, it would be advisable to inform your daughter and the 25 year old (if possible) that the laws in the State of Oklahoma say that a minor under the age of 16 is legally not capable of consenting to have sexual contact making the act illegal. You may direct them to SexLaws.org for more information. This also includes certain communications via telephone, computer, etc... The crime of Rape in the first degree is committed when a person over the age of 18 years has sexual intercourse with a person under 14 years of age. Under the same circumstances, the crime of Rape by instrumentation is Rape in the 2nd degree. Any sexual penetration, however slight, is sufficient to complete the crime. Both are felony's and both are punishable by imprisonment in the State Penitentiary. Title 21 Crimes and Punishments Chapter 45 - Lewd or Indecent Proposals or Acts to Child Under 16 (as amended by Laws 2002, SB 1425, c. 455, § 6, emerg. eff. July 1, 2002): 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.
OK Age of Consent is 16