Felony Defense

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.

In order to understand how larceny from a house is treated in Tulsa, Oklahoma, you need to understand the crime of basic larceny. The two crimes are related.

What is Larceny in Tulsa?

In Tulsa, larceny is defined as the taking of another’s personal property through fraud or stealth with the intent to deprive. The theft occurs through either fraud or stealth. Okla. Stat. tit. 21 § 1701

The taking must be with the intent to deprive. Borrowing an item with the intent to return it does not constitute the intent to deprive.

What is Larceny from a House?

Larceny from a house is defined as entering and stealing money or other property from a house, a railroad car, a tent, a booth, or other temporary building. Okla. Stat. tit. 21 § 1723

The crime is treated as a felony and is punishable by up to five years in prison. Okla. Stat. tit. 21 § 1724

If you are being charged with larceny from a house, you could also be charged with grand larceny. Grand larceny involves the theft of property valued at $1,000 or more — or when a person takes property from the person of another, regardless of the item’s value. Okla. Stat. tit. 21 § 1704

All other larceny is petit larceny.

Grand larceny is punishable by up to eight years in prison.

Defenses to Larceny from a House

Defenses to this crime are grounded in refuting elements of the crime. Here are the elements that the prosecution must prove for a conviction. If any element is not proven, there is no conviction.

• unlawful entry;
• taking or carrying away
• the personal property
• of another
• from a house, railroad car, tent, booth, or temporary building
• by fraud or stealth
• with the intent to deprive permanently.

OUJI-CR 5-97

Any facts that disprove an element above are important.

Additional Considerations

Defenses are particular to each case and should be explored with an experienced Tulsa criminal defense attorney. But the following are examples of some of the defenses that may be available to you depending on the circumstances.

Entry Was Lawful: If you have permission to enter, there is no unlawful entry. So, permission is always important. Likewise, if you make a mistake and enter the wrong house, the entry of the wrong house is a mere mistake and not unlawful.

No Intent to Permanently Deprive: If you are borrowing a piece of property or taking it with the intent to use it and return it, there is no intent to permanently deprive.

No Fraud or Stealth: If the taking is open and obvious, while there may be a crime involved, the crime is not larceny.

There may be other defenses available to you. If you or a loved one are facing charges for larceny from a house, you should explore all your options with an experienced Tulsa criminal defense lawyer. Don’t delay.

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.

Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll-free at 1-888-447-7262. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

When domestic assault happens in front of a minor child, the crime is treated much more seriously in Tulsa, Oklahoma.

Domestic assault and battery can be a cyclical pattern in a troubled relationship. Assault and battery in Oklahoma are two separate crimes that often occur together and are often charged together.

Oklahoma law defines domestic assault and battery as the threat (assault) of force or violence and the actual use of force or violence (battery) any member of the household including a spouse, a boyfriend or girlfriend, a former boyfriend or girlfriend, a roommate, parents, or a former spouse or their current spouse or partner. Okla. Stat. tit. 21 § 644

When that domestic assault or battery happens in the presence of a minor, the crime becomes a felony. That can happen when the child sees or hears the assault and battery, or when the perpetrator believes that the child is within the immediate area and may see or hear the act. In Oklahoma, a minor child is any child under the age of 18.

Penalties

Because the cycle of violence tends to repeat in a troubled relationship, penalties for this crime increase with subsequent convictions.

For example, the sentence for a first conviction may be six months to a year in jail or a fine of up to $5,000.

However, any subsequent conviction for domestic assault in the presence of a minor is punishable by one to five years in prison, a fine of up to $7,000, or both.

In addition, the judge can order that a defendant attend counseling anger management classes at the his or her expense as part of the sentence.

Other Situations in Which Domestic Assault Becomes a Felony

In contrast, a first conviction for domestic assault and battery is usually charged as a misdemeanor. But subsequent convictions and the presence of other circumstances can make the crime a felony.

Subsequent convictions are a felony punishable by up to four years in prison and a fine of $5,000.

Subsequent arrests and convictions are typical in domestic assault cases. If the prosecution can prove a pattern of abuse, you could face up to 10 years in prison, a fine of up to $5,000, or both.

If the assault occurs and the prosecution can prove that you had the intent to inflict bodily harm without a justifiable excuse using a sharp or dangerous weapon, the crime will be treated as a felony. You could face up to 10 years in prison if convicted.

A shooting of a domestic relation is also a felony under Oklahoma law, punishable by a life term in prison.

If the assault uses strangulation, the crime is a felony punishable by one to three years in prison or a fine of up to $3,000 for a first conviction. Subsequent convictions increase both prison time and possible fines.

Talk to your attorney. There is help out there. An experienced Tulsa assault and battery attorney can really help.

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.

Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.