Chronilogical age of Consent & Statutory Rape Law in Oklahoma

Epargne solidaire | 03/09/2020

Chronilogical age of Consent & Statutory Rape Law in Oklahoma

A frequently asked question on the internet is something such as, “I’m X years of age. May I have sexual intercourse with somebody who is Y years ” that is old. The solution to this relevant concern calls for a review of of Oklahoma’s chronilogical age of permission, incest, and rape guidelines.

Age of Consent in Oklahoma

The chronilogical age of permission in Oklahoma is 16. Consequently, it really is generally speaking appropriate for a 16-year-old to possess intercourse with anyone avove the age of them. Intercourse between people that are 15-17 yrs old is typically legal. A number of exceptions make that intercourse unlawful.

Statutory Rape in Oklahoma

21 O.S. § 1111 states that rape takes place when the target is 15 years old or more youthful. But, 21 O.S. § 1112 states that a person can not be convicted of rape as soon as the sex that is consensual with some body over 14 unless anyone had been 18 years or older. 21 O.S. § 1111 also states that the after sex is additionally unlawful:

  • Where in fact the target is beneath the appropriate custody or guidance of a situation agency, a federal agency, a county, a municipality or even a governmental subdivision and partcipates in sexual activity with a situation, federal, county, municipal or governmental subdivision worker or a worker of a specialist of this state, the government, a county, a municipality or a governmental subdivision that workouts authority on the target. Translation: No intercourse by federal government workers with an individual who is beneath the custody of the government agency if that agency the employee works well with workouts authority on the target.
  • Where in actuality the target are at minimum 16 years old and it is significantly less than two decades old and it is a pupil, or beneath the legal custody or direction of any general general public or private primary or additional school, junior high or twelfth grade, or general general public vocational school, and partcipates in sexual activity with somebody who is 18 years of age or older and it is an worker regarding the school system that is same. Interpretation: a college employee that is 18 or older can’t have intercourse with a pupil for the reason that school that is same who’s more youthful than 20.
  • In which the target is 19 yrs old or more youthful and it is into the legal custody of a situation agency, federal agency or tribal court and partcipates in sexual activity with a foster parent or foster parent applicant. Interpretation: Foster moms and dads can’t have intercourse making use of their foster kids in the event that foster son or daughter is 19 or more youthful.
  • In which the target are at minimum 16 yrs old but lower than 18 years of age while the perpetrator regarding the criminal activity is an individual in charge of the child’s wellness, welfare or safety. “Person in charge of a child’s wellness, security or welfare” includes but is not restricted to:
    • A moms and dad,
    • A guardian that is legal
    • Custodian,
    • A parent that is foster
    • An individual 18 years of age or older with whom the child’s moms and dad cohabitates,
    • Any other adult residing in the true house of this adam4adam son or daughter,
    • A representative or worker of the general general public or private domestic house, organization, center or time treatment plan, or
    • An owner, operator or employee of a young kid care center.

Incest in Oklahoma

Per 21 O.S. § 885, incest is unlawful. 43 O.S. § 2 outlines the parameters of who it will be unlawful to possess intercourse with. Intercourse between individuals of the relation that is following unlawful:

  • Ancestors and descendants of every level,
  • A stepfather with a stepdaughter,
  • Stepmother with stepson,
  • Uncles and nieces, except where such relationship is just by marriage,
  • Aunts and nephews, except in instances where such relationship is just by wedding,
  • Friends and family for the half plus the entire bloodstream, and
  • Very first cousins.

Are you faced with rape or incest in Oklahoma? Phone Oklahoma intercourse crimes attorney Frank Urbanic in OKC for a free of charge assessment at 405-633-3420.

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