Sexual Communication with a Minor is Against the Law
Social media communication apps and platforms abound these days, making communication easier and more available to just about everyone. And communication can be a great thing —until it’s not. If that communication is sexual in nature, and the recipient of that communication is a minor, you could be in trouble. Here is what you need to know about sexual communication with a minor in Okmulgee, Oklahoma.
Sexual Communication with a Child is a Felony
A minor under the age of 16 cannot give legal consent for any sexual act or encounter in Okmulgee. Oklahoma law makes it a felony to knowingly or intentionally make any oral, written, or electronic or computer-generated lewd or indecent proposal to any child under 16 years of age or believed to be under that age. Okla. Stat. tit. 21 § 1123
This crime can take place in person, by phone, on Snapchat or other social media, by computer, or any other method of communication. No physical contact is required for the crime to occur. The sexual communication is all that is required.
What is Sexual Communication?
A sexual communication can include any communication request to for the child to have unlawful sexual relations or sexual intercourse. It can also include asking, enticing, or persuading in any way a child under 16 (or believed to be under 16) to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent to commit a crime against decency and morality with that child.
The statute provides a long laundry list of examples of lewd and indecent acts that are prohibited. Suggesting that a child engage in any of these acts, or enticing a child to do so, is a felony crime.
In order for this to be a crime under this statute, the person making the communication must be either at least three years older than the child or must be using force or fear.
Prohibited acts with a child include:
- looking upon, touching, mauling, or feeling the body or private parts of a child in any lewd or lascivious manner or in any manner relating to sexual matters or sexual interest;
- urinating or defecating upon a child or requiring a child to defecate or urinate upon the body or private parts of another, or for the purpose of sexual gratification;
- ejaculating on or in the presence of a child;
- causing, exposing, or forcing a child to look upon a person’s body or private parts;
- forcing or requiring a child to view pornography or other obscene material;
- exposing or forcing a child to watch sexual acts being performed by others; and
- forcing or requiring a child to touch or feel his or her own body or private parts or those of another person.
In Oklahoma, prison sentences for crimes involving children are especially harsh.
If the child is under 16 years of age, you could face a prison term from 3 to 20 years.
If the child is under 12, you could face at least 25 years in prison.
And these penalties are for a first conviction.
A subsequent conviction could mean life in prison without parole.
People convicted of sex crimes involving children are not eligible for probation or suspended or deferred sentences.
Once released from prison, the convict must register with the sex offender registry in Oklahoma. This can make housing and employment difficult.
If you are facing charges, do not talk to the police without an attorney present. It is important that you hire an experienced Okmulgee criminal defense attorney as soon as possible to help you build a strong defense against these charges.
Free Consultation with an Okmulgee Lawyer
Call 918-756-9600 or 1-888-Wirth-Law (1-888-947-8452) now for a free consultation with an Okmulgee, Oklahoma lawyer at Wirth Law Office – Okmulgee.
You can also submit the question form at the top right of this page, and one of our attorneys will call or email you right away.