The legal age of consent in the state of Oklahoma is 16 years old. But there's more to understanding the law than this Oklahoma is one of many states in the U. The state of Oklahoma has a close-in-age exemption for statutory rape. The close-in-age exemption, better known as the " Romeo and Juliet law ", was implemented to prevent the prosecution of couples under the legal age 18 who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the legal age.
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This would allow a year-old to lawfully have sex with a year-old, but make it criminal for an year-old to have sex with the same year-old. In Oklahoma, the age of consent is 16, and the law recognizes an age differential of two years. Though statutory rape is a strict liability crime which does not require the prosecutor to prove that an assault occurred, it is still classified as rape under the Oklahoma penal code.
Penalties for statutory rape depend on the ages of the defendant and victim, and the conduct that occurred.
For example, first-degree rape includes consensual sex between a minor who is younger than 14 and a defendant who is 18 years or older.
First-degree rape carries a penalty of at least five years and up to life in prison. Second-degree rape includes consensual sex between a minor who is 14 or 15, and a defendant who is older than Penalties include at least one year and up to 15 years in prison. In addition to incarceration, State law requires people convicted of certain sex crimes including some instances of statutory rape to register as sex offenders.
Mar 09, But state laws also determine limits and rules for certain legal processes involving minors (those under 18 in Oklahoma and elsewhere). For example, states often have guidelines for minors wishing to be emancipated from their parents by the court and ability to provide consent for medical procedures. Legal Ages Under Oklahoma Law. Dec 15, Sending sexually explicit images of oneself to a minor, enticing a minor to send sexually explicit images of himself or herself, or proposing sexual activity to a minor is typically charged as Lewd or Indecent Proposals or Acts to a Child Under 16 (21 O.S. ). State law defines "lewd acts" and "indecent proposals" quite broadly. Nov 18, This applies even if the parties are in a long-term romantic relationship or the sex is consensual. Depending on state law, the minor or the minor's parent, guardian or anyone who is involved with the minor professionally, such as a school counselor or a coach, can report allegations of statutory rape to the police.
Defendants charged with statutory rape have the usual defenses available to all criminal defendants. However, defendants accused of statutory rape often claim they had no reason to know their partner was underage. The Defendants may argue that the victims represented themselves as older than they really were, and that a reasonable person would have believed such representation. Even if this is true, Oklahoma does not allow a defendant to rely on a mistake of age, even a reasonable one, to avoid a sex crime conviction for statutory rape.
All that matters is the age of the alleged victim and whether the sexual conduct actually occurred. In the United States, the federal age of consent is Federal law makes it criminal to engage in sexual conduct with another person who is between the age of 12 and 16 if they are at least four years younger than the older actor.
Federal law, however, applies only to sexual acts that involve travel between different states, different countries, or which occur on federal property. Each state takes a different approach to its individual determination of the age of consent, as the threshold has ranged throughout history from as low as 10 years of age all the way up to Some states, such as Florida and New York, set an age at which all sexual intercourse is considered statutory rape.
If you or a loved one has been charged with rape or statutory rape in Oklahoma, time is of the essence. You need legal advice from an experienced defense attorneyand you need one right now. Call the Law Offices of Adam R. Banner, P. Call us today at for a free consultation. Banner - All Rights Reserved. Practice Areas.
Sex Crimes. While it may not be a good idea to send a nude photo of yourself to someone who could turn around and send it on to others or post it publicly on a website, it is not illegal per se.
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However, both state and federal law describe child pornography as sexually explicit images of minors under the age of This includes visual depictions of minors who are nude or semi-nude for the sexual stimulation of the viewer, and it includes images or videos of minors under the age of 18 engaged in masturbation or sexual activity.
This is where teens and adults get into legal trouble with sexting-the involvement of minors.
There is no Oklahoma law prohibiting sexting. However, there are multiple laws involving the possession and distribution of child pornography, soliciting minors via electronic media, and distributing obscene materials to minors. These are all sex crimes which may be related to sexting.
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Most commonly, sexting is criminally prosecuted as possession of child pornography or distribution of child pornography. While proposed legislation may allow teens who sext among themselves to be charged only with a misdemeanor and fined, current law does not make exceptions for the distribution of child pornography between teens exchanging images of themselves.
The law does not stipulate that the producer, the distributor, or the possessor of such images is himself or herself aged 18 or older. This means that teens engaging of sexting among themselves may be charged with a felony sex offense for distributing or possessing child pornography. In other words, a teen who snaps a sexually explicit image of himself or herself to send to a boyfriend or girlfriend could be charged with distributing child pornography-he or she would be both the perpetrator and the victim of the crime.
Of course, teen sexting is one issue, but sexting between minors and adults is another.
Visit multicoingames.com to see minor laws specific to your state. There you can find that in the state of Georgia, "a person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and is not his or her spouse.". Legal Dating Ages. There is no law stating a legal "dating age ". The laws apply only to sexual intercourse. Here is a detailed explanation. If a person under 16 chooses to willingly engage in sexual intercourse, the state of Oklahoma deems that person legally unable to give consent. Oklahoma's Statutory Rape Laws. Statutory rape is prosecuted under Oklahoma's rape and sex crimes laws. Penalties for statutory rape depend on the ages of the defendant and victim, and the conduct that occurred. For example, first-degree rape includes consensual sex between a minor who is younger than 14 and a defendant who is 18 years or older.
It is important to remember that although the age of consent in Oklahoma is 16, child pornography involves minors under the age of Now, Oklahoma has passed a law to create a definition of sexual consent and to add unconsciousness and intoxication as circumstances of forcible sodomy. Read more about forcible sodomy here. The term "consent " means the affirmative, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter which can be revoked at any time.
Consent cannot be:. Inferred under circumstances in which consent is not clear including, but not limited to:. There is no law stating a legal "dating age ".
Necessary phrase... oklahoma state law on dating a minor are
The laws apply only to sexual intercourse. Here is a detailed explanation. If a person under 16 chooses to willingly engage in sexual intercourse, the state of Oklahoma deems that person legally unable to give consent.
What to say at Traffic Court
If a year-old high school senior had "consensual " sex with his year-old girlfriend, he would be guilty of second degree rape under Oklahoma law. Under Oklahoma sentencing guidelines, he would be subject to up to 15 years in prison and would have to register for life as an aggravated sex offender.
Additionally, if the couple were found to have engaged in oral sex, the young man could be found guilty of forcible oral sodomy, which carries up to a year sentence for the first offense.
Oklahoma state law on dating a minor
If the victim is under the age of 14, the defendant may be charged with first degree rape, which carries a minimum sentence of 5 years in prison. While the above example describes an older boyfriend and younger girlfriend, Oklahoma statutory rape laws are not specific to gender. A woman over the age of 18 who has sexual intercourse or oral sex with a boy under the age of 16 is guilty of statutory rape.
The law also applies to same-sex relationships. Oklahoma statutory rape is a strict liability offense.
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This means that, regardless of the intent, if a person over the age of 18 has sexual intercourse with a person under the age of 16, he or she is guilty of statutory rape.
Whether the encounter was consensual and whether the couple were in a steady relationship are of no consequence. If the sex occurred, the statutory rape occurred. Accusations may come from angry parents or may come from the under-aged partner as a result of a breakup or fear of getting in trouble. If you have been accused of second degree rape in Oklahoma, knowledgeable legal defense can help you avoid being convicted of a sex crime.
The prosecution must prove not only the victim's age at the time of the alleged sexual encounter, but must also prove that sexual intercourse occurred.
An experienced statutory rape defense lawyer will look at mitigating circumstances, including prior false accusations, and will place the burden of proof on the prosecution.