In Oklahoma, all sex crimes involving minors are treated seriously. A sex crime conviction can change your life. Here are some things that you might want to know about the crime of sexual communication with a minor in Oklahoma.
What is a Sexual Communication With a Minor?
Communication, in general, can happen in so many ways in this day and age. There are face-to-face communications, electronic communications, letters, notes, phone calls. New apps like Snapchat make communication easy and quick.
There are two main statutes that prosecutors use to charge soliciting sexual communication with a minor.
Under Oklahoma law, it is a felony to make a lewd or indecent proposal, or to ask that a child under the age of 16, to engage in sexual conduct or sexual activity. Okla. Stat. tit. 21 § 1123. It makes no difference whether this communication takes place in person or through the use of technology.
If you are convicted, penalties are severe and include prison terms from three to 20 years if the child is under 16, and at least 25 years if the child is under 12. Subsequent convictions could mean a life sentence in prison without the possibility of parole. Okla. Stat. tit.21 § 1123.
The other statute frequently used by prosecutors is aimed at sexual communications with a minor through the use of technology. It is against the law to facilitate, encourage, offer or solicit any sort of sexual conduct for sexual or prurient interest with a minor or a person who is believed to be a minor through the use of any sort of technology.
This can include apps like Snapchat, texting, cell phones, computers — virtually any sort of technological device, program or app. Okla. Stat. tit. 21 § 1040.13a.
Knowingly transmitting, printing, publishing, reproducing, buying, receiving, exchanging, or disseminating a prohibited communication is against the law. It is also against the law to knowingly disseminate any information that can lead another person to be able to access or locate a minor. That can include a cell phone number, name, address or physical characteristics. Okla. Stat. 21 § 1040.13a.
This statute covers all minors, even those who are 16 and 17 years of age. If the defendant is an adult and is having sexual communications, such a “sexting,” with a 17-year-old minor, the defendant could be convicted under this statute.
This a felony in Oklahoma and is punishable by prison for a term up to 10 years, or a fine up to $10,000, or both. Each communication is considered to be a separate offense and will allow a prosecutor to ask for more severe penalties.
Sex Offender Registration
A conviction under either of these statutes is a sex crime conviction and will require that the defendant register as a known sex offender. This can be the most difficult part of the penalty for either crime. This can affect a person’s ability to work and will affect where a defendant may live.
If you are being charged with either crime, don’t try to go it alone. Help is a phone call away.
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