Audrey Howitt

Juvenile Offenders and the Law

In Oklahoma, Juvenile offenders can be treated in a number of different ways as minors. They can be tried as adults for some crimes. For others, they can be tried or adjudicated as juvenile delinquents. In Oklahoma, adjudicated delinquents are prohibited from possessing a firearm. To do so is a felony in Tulsa, Oklahoma.

What the Law Says

When a minor is adjudicated as a delinquent for a crime that would have been a felony if that crime had been committed by an adult, that adjudicated delinquent may not have any type of firearm or any other type of dangerous or deadly weapon within their possession, custody, or control. They are prohibited from having any such weapon within their residence. And they are prohibited from having any such weapon within a car in which they are a passenger or driving, whether they are aware of the presence of the weapon or not, for a period of 10 years after the adjudication. Okla. Stat. tit. 21 § 1283

A juvenile offender or an adjudicated delinquent must be careful to ensure the people in their environment are not carrying any firearms. The law does not require the offender to have knowledge of a possible weapon. Its presence is enough for that youthful offender to be convicted of a felony.

Penalties for Juvenile Offenders

The crime is a felony offense in Oklahoma; it is punishable by 1 to 10 years in prison. Okla. Stat. tit. 21 § 1284

The penalty is harsh, but there are things you can do if you are facing charges. Hiring an experienced attorney can make the difference between your freedom and further jail time.

Initial Consultation: Tulsa Criminal Defense Attorney

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

Sexual communication with children is a crime that Oklahoma prosecutors combat fiercely. There are several statutes in Oklahoma law that target this type of behavior. One of them is a prohibition against making a lewd or indecent proposal to a child.

Lewd or Indecent Proposals are Against the Law

In Oklahoma, knowingly and intentionally making a sexual, lewd, or indecent proposal to a child under 16 years of age, or believed to be under 16 years of age, is a felony. 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.

So, what constitutes a lewd or indecent proposal to a child in Tulsa?

Oklahoma statute provides a long list of prohibited suggested acts, including:

• touching;
• mauling;
• ejaculating;
• lasciviously looking at a child’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; or
• another type of sexual communication.

Penalties for Lewd or Indecent Proposal to a Child

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 10 years. If the child is under 12, you could face at least 25 years in prison.

And these aforementioned sentences are for a first conviction. A subsequent conviction could mean life in prison without parole.

The offender is not eligible for probation or suspended or deferred sentences.

In addition, because this is a sex crime, once released from prison, you must register with the sex offender registry in Oklahoma. This makes the effects of the crime last much longer for the defendant.

If you are facing charges, do not talk to the police without an attorney present. It is important that you hire an experienced Tulsa criminal defense attorney as soon as possible to help you build a strong defense against the charges.

Initial Consultation: Tulsa Criminal Defense Attorney

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

Call the Tulsa Criminal Defense Law Firm at 918-756-9600 or toll free at 1-888-Wirth-Law (1-888-947-8452).

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

Oklahoma has a number of laws that protect children against sexual contact and abuse. Overlap between the laws allows a prosecutor great leeway in deciding how to charge a crime such as the lewd molestation of a minor.

In all cases, sex crimes involving children are treated severely in Oklahoma. A minor in Oklahoma is any child under the age of 18.

Lewd Molestation is Related to Lewd or Indecent Proposals to a Child

Lewd molestation of a minor is often charged under the Oklahoma law that prohibits lewd or indecent proposals or acts to children.

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 who is reasonably believed to be under that age. Okla. Stat. tit. 21 § 1123

The law speaks to both sexual communications and sexual acts. With regard to acts, the statute contains a long list of prohibited acts that is representative. But any sex act with a child, even if the act is not listed, is prohibited.

The list includes:

• touching;
• mauling;
• ejaculating;
• lasciviously looking at a child’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.

Punishment for Lewd Molestation

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. Subsequent convictions could mean life in prison without the possibility of parole.

Sexual Battery as a Lewd or Indecent Act

This same statute prohibits sexual battery upon a minor. Sexual battery is defined as intentionally touching, mauling, or feeling the body or private parts of any person 16 years of age or older in a lewd and lascivious manner without their consent. The law also extends the age of the victim in certain circumstances.

The crime is a felony punishable by up to 10 years in prison.

The Crime May Also Be Charged as Child Sexual Abuse

Oklahoma law also prohibits a caretaker or any other person from abusing, neglecting, committing any sexual abuse, or exploiting a child in their care. Okla. Stat. tit. 21 § 843.1

The crime is a felony punishable by up to a year in jail, a fine from $500 to $5,000, or both. If the child involved is under 12 years of age, a defendant could face at least 25 years in prison. Okla. Stat. tit. 21 § 843.5

Depending on the circumstances, a prosecutor may choose to add this charge. Child sexual abuse is 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 with a child.

Defenses may be available to you. It is important that you speak with an experienced Tulsa criminal defense lawyer as soon as possible to build a strong defense. Many defenses are based on mistaken age or lack of intent.

Initial Consultation: Tulsa Criminal Defense Attorney

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

Call the Tulsa Criminal Defense Law Firm at 918-756-9600 or 1-888-Wirth-Law (1-888-947-8452).

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.