Sex crime charges can destroy your reputation, your business or career, and your family. Ensuring your rights and reputation are protected is crucial. That is why it is vital to contact an experienced sex crimes attorney before charges are filed. Moreover, sex-related crimes are highly publicized and often times, expose both the accused and his or her family to intense public scrutiny. Most sex-related crimes are charged as felonies. As such, a conviction will likely result in severe consequences that may last a lifetime. Not only will individuals be subject to criminal penalty but if convicted of a sex crime in Oklahoma, you may be required to register pursuant to the Oklahoma Sex Offender Registration Act. If you or a loved one has been charged with a sex crime in Oklahoma or in Federal court, time is of the essence. You need a dedicated Oklahoma sex crimes attorney. Contact Diver Law Firm to retain an accomplished criminal attorney that is ready to fight for your rights.
Whether the claim against you is the result of a vengeful false accusation, a mistake, or an error in your own judgment, attorney Michael Diver is committed to providing quality legal defense representation that can protect your rights and your reputation. A sex crimes case can quickly become a witch hunt and spiral downhill while your reputation may be tarnished in an instant, and your constitutional rights may be trampled as you await the outcome of an investigation and court proceedings. Protect yourself with aggressive and experienced defense.
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Rape & Sexual Battery
Oklahoma, like many states, is not friendly to individuals accused of sex crimes and prosecutors aggressively pursue individuals accused of rape, statutory rape, rape by instrumentation, and other sex-related offenses, many times fighting for the maximum punishment allowed by law. First-degree rape is the crime most commonly referred to as rape. It is non-consensual sexual penetration that is typically committed through threat and/or force or fear. In some instances, rape in the first degree occurs when a person is incapacitated in some form. Second degree or statutory rape includes offenses and acts in which the victim verbally consents to sex, but by law, he or she is legally unable to do so. They are not forcible acts; they are not violent acts.
By statute, first-degree rape is punishable by death. However, the Supreme Court of the United States has ruled that the death penalty is unconstitutional except in cases of capital murder. Minimum sentencing for first-degree rape is five years in prison, and maximum penalties include life without the opportunity of parole. Rape is also a violent offense and is considered an “85% Crime.” This means that anyone convicted of rape will be required to serve 85% of their sentence before being eligible for parole consideration.
While not as serious a crime as rape, punishments for sexual battery can be serious enough, which includes sex offender registration, to consider retaining an experienced sex crimes attorney. In Oklahoma, sexual battery is the sexually-motivated, intentional touching or feeling of the private parts (or simply the body as a whole) of another person over the age of sixteen (16) without that person’s consent. As with so many other sex crimes, these cases are some of the easiest allegations to make and some of the most challenging allegations to defeat. This is due to the fact that many sexual battery cases are filed simply based on the word of the alleged victim. Those charged with sexual battery will face the potential of a felony conviction and possible incarceration.
If convicted, an individual will face up to ten (10) years in prison. Moreover, the crime is considered a level 3 sex offense, which means that any person convicted of the crime will be required to comply with lifetime registration as a sex offender, the most severe level of sex offender. The Oklahoma Sex Offender Registry makes all of the personal information of the offender publicly available which, includes he physical address, the crime committed, and other personal information. Because of the severity of the offense, it is vital you contact an experienced sex crimes attorney if you have been accused of rape or sexual battery. Contact Diver Law Firm for a free and confidential case evaluation to ensure your rights are protected from the beginning of the criminal process. Call today at (405) 896-8080.
The internet has provided unparalleled growth in the amount of content available and is praised for its ability to connect people around the world. Though this trend has proven itself within areas of financial fraud and identity theft, internet sex crimes have become an ever-present threat to the most vulnerable in our communities. Oklahoma has taken the steps to combat these new developments with strict penalties for certain internet or web-based offenses. The Oklahoma Computer Crimes Act seeks to combat individuals who use the internet or web connection to violate state law. The Oklahoma Computer Crimes Act states that no person shall communicate with, store data in, or retrieve data from a computer system or computer network for the purpose of using such access to violate any of the provisions of the Oklahoma Statutes. This has expanded to include the use of other computer devices including cell phones, tablets, and other forms of digital communication. Some of the most common internet sex crimes are Soliciting Minors Online and Sexting.
The internet has also paved a way for some of the most horrendous offenses and crimes against children. Child pornography cannot be explained away and is a sickening act. It is a heinous crime against the most innocent and unwilling victim and harms the most helpless members of our community. The sexual inclination for children and desire for child pornography is an addiction and disorder that must be approached holistically and treated as such. Often times, that includes incarceration because society will not and cannot tolerate children abused and sexually mistreated. Because these are some of the most serious criminal offenses, individuals may be prosecuted by state or federal authorities and the felony convictions that follow have grave consequences, including lifetime registration in the Oklahoma’s Sex Offender Registry.
The ramifications of registering as a sex offender in the state are totally life-altering. Sex offenders are treated as second-class citizens and many rights and privileges are revoked. Furthermore, the Oklahoma Sex Offender Registration Act has been amended with such great frequency and lack of oversight that the registration requirements could become even more of a debilitating task.
If you or a loved one has been accused of internet sex crimes or child pornography, consult with an experienced criminal attorney immediately to ensure your rights are protected during a trying time. Contact Diver Law Firm at (405) 896-8080 for a free consultation.
Although the age of consent in Oklahoma is 16, child pornography laws prohibit sexual images of anyone under the age of 18; this means that, while a 16-year-old may be able to give legal consent to sex, he or she cannot legally agree to appear in sexually explicit photographs or videos.
If a person uses a computer or other electronic device to perpetrate an internet sex crime, he or she may be subject to additional penalties for violating the Oklahoma Computer Crimes Act.
Age of Consent
In Oklahoma, the legal age of consent for sexual intercourse for both males and females is 16 years old. The age of consent is what’s required for the minimum legal age at which an individual has the mental capacity to consent to sexual intercourse with another person. However, it is not that clear. Oklahoma also determines an ability to consent by the age difference between the two parties and is limited by a minimum age. In Oklahoma, the age of consent is 16, and the law recognizes an age differential of two years. This means that no person can be convicted of rape or rape by instrumentation with anyone over the age of 14, with that person’s consent, unless the defendant was older than 18 at the time the sexual act occurred. Statutory rape is also considered a strict liability crime meaning the State does not have to prove an assault occurred or that the person knew the age of the alleged victim.
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 18. Penalties include at least one year (and up to 15 years) in prison. In addition to incarceration, Oklahoma law requires people convicted of certain sex crimes (including some instances of statutory rape) to register as sex offenders.
Another criminal prosecution levied by the state includes acts of lewd molestation or Lewd Acts with a Minor. Lewd Molestation is a very broad term used to describe a variety of criminal allegations that involve some sort of lewd interaction between an adult and a minor. Many of the Oklahoma sex crimes statutes use the term lewd and lascivious to describe the state of mind necessary for prohibited conduct. According to Oklahoma case law, lewd and lascivious is defined as an “unlawful indulgence in lust or eagerness for sexual indulgence.” Typically, this means that there has to be some sort of sexual motive involved. This issue usually comes into play when someone is faced with a charge such as Lewd Molestation or Lewd or Indecent Proposals or Acts to a Child so it is highly advisable to retain a sex crimes attorney who can explain the full nature of the allegations and charges.
Similar to lewd proposals or solicitation of a minor, the possible punishment for lewd molestation or lewd acts with a minor is significantly increased when the child is under the age of twelve (12). When a person is convicted of lewd or indecent proposals and acts to a child under the age of 12, he or she will face a minimum sentence of twenty-five (25) years to a maximum of life in prison. Regardless of the age of the victim, these charges are 85% crimes, which require a Defendant to serve at least 85% of the sentence imposed before becoming eligible for parole or earned credits.
If you or a loved one faces any of the crimes discussed above, or related offenses, do not hesitate to seek legal counsel immediately. Contact Diver Law Firm today at (405) 896-8080 for a free consultation and case evaluation. Your freedom depends on quick, decisive, and fully informed decision making. You deserve an experienced criminal attorney to defend your rights.
Oklahoma Sex Offender Registration
Depending on the level of severity assigned to the offense by the Department of Corrections, a person convicted of a sex crime must register as a sex offender for a period of time ranging from fifteen years to life.
Level 1: A person designated as a Level 1 offender is generally considered at low-risk of re-offending and is not considered to be a threat to public safety. Still, these people are required to register as a sex offender for a period of 15 years.
Level 2: A Level 2 offender is considered to be a moderate risk to public safety as a possible re-offender. Anyone designated as a Level 2 offender must register as a sex offender for 25 years.
Level 3: Considered the most severe category of sex offender, a Level 3 offender is a person considered to pose a serious threat to public safety and to carry the likelihood of habitual re-offense. Level 3 sex offenders are required to register as an Oklahoma sex offender for life.
Sex offender registration places strict limits and restrictions on convicted offenders. If you are a registered sex offender, your information will be publicly available, your driver’s license will carry the “Sex Offender” designation, and you will face serious restrictions in housing, employment, and ability to move freely about town without violating a “zone of safety” around schools, parks, libraries, and other places frequented by children.
The state’s sex offender registration laws are constantly evolving. It is important to understand your rights and responsibilities under the law. Your attorney can help you understand how to comply with the law and can protect you from arbitrary level assignment and unfair sex offender categorization.
If you or a loved one has been accused of a sex crime in Oklahoma, contact attorney Michael Diver for a free, confidential evaluation of your case. Complete the free case review or call us at (405) 896-8080 today. He is committed to protecting defendants’ rights in courtrooms across the state, and he will handle your case with discretion and diligence in pursuing a positive outcome.