Okla. Stat. tit. 21, § 21-1123v3

or person believed to be under 16 – Sexual battery.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 497

A. It is a Class A3 felony offense for any person to knowingly

and intentionally:

1. Make any oral, written or electronically or computer-

generated lewd or indecent proposal to any child under sixteen (16)

years of age, or other individual the person believes to be a child

under sixteen (16) years of age, for the child to have unlawful

sexual relations or sexual intercourse with any person;

2. Look upon, touch, maul, or feel the body or private parts of

any child under sixteen (16) years of age in any lewd or lascivious

manner by any acts against public decency and morality, as defined

by law;

3. Ask, invite, entice, or persuade any child under sixteen

(16) years of age, or other individual the person believes to be a

child under sixteen (16) years of age, to go alone with any person

to a secluded, remote, or secret place, with the unlawful and

willful intent and purpose then and there to commit any crime

against public decency and morality, as defined by law, with the

child;

4. In any manner lewdly or lasciviously look upon, touch, maul,

or feel the body or private parts of any child under sixteen (16)

years of age in any indecent manner or in any manner relating to

sexual matters or sexual interest; or

5. In a lewd and lascivious manner and for the purpose of

sexual gratification:

a. urinate or defecate upon a child under sixteen (16)

years of age, or force or require a child to defecate

or urinate upon the body or private parts of another,

or for the purpose of sexual gratification,

b. ejaculate upon or in the presence of a child,

c. cause, expose, force or require a child to look upon

the body or private parts of another person,

d. force or require any child under sixteen (16) years of

age or other individual the person believes to be a

child under sixteen (16) years of age, to view any

obscene materials, child sexual abuse material or

materials deemed harmful to minors as such terms are

defined by Sections 1024.1 and 1040.75 of this title,

e. cause, expose, force or require a child to look upon

sexual acts performed in the presence of the child, or

f. force or require a child to touch or feel the body or

private parts of the child or another person.

Any person convicted of any violation of this subsection shall

be punished by imprisonment in the custody of the Department of

Corrections for not less than three (3) years nor more than twenty

(20) years, except when the child is under twelve (12) years of age

at the time the offense is committed, and in such case the person

shall, upon conviction, be punished by imprisonment in the custody

Oklahoma Statutes - Title 21. Crimes and Punishments Page 498

of the Department of Corrections for not less than twenty-five (25)

years. The provisions of this subsection shall not apply unless the

accused is at least three (3) years older than the victim, except

when accomplished by the use of force or fear. Except as provided

in Section 51.1a of this title, any person convicted of a second or

subsequent violation of this subsection shall be guilty of a felony

punishable as provided in this subsection and shall not be eligible

for probation, suspended or deferred sentence. Except as provided

in Section 51.1a of this title, any person convicted of a third or

subsequent violation of this subsection shall be guilty of a felony

punishable by imprisonment in the custody of the Department of

Corrections for a term of life or life without parole, in the

discretion of the jury, or in case the jury fails or refuses to fix

punishment then the same shall be pronounced by the court. Any

person convicted of a violation of this subsection after having been

twice convicted of a violation of subsection A of Section 1114 of

this title, Section 888 of this title, sexual abuse of a child
of

Corrections for a term of life or life without parole, in the

discretion of the jury, or in case the jury fails or refuses to fix

punishment then the same shall be pronounced by the court. Any

person convicted of a violation of this subsection after having been

twice convicted of a violation of subsection A of Section 1114 of

this title, Section 888 of this title, sexual abuse of a child

pursuant to Section 843.5 of this title, or of any attempt to commit

any of these offenses or any combination of convictions pursuant to

these sections shall be punished by imprisonment in the custody of

the Department of Corrections for a term of life or life without

parole.

B. No person shall commit sexual battery on any other person.

"Sexual battery" shall mean the intentional touching, mauling or

feeling of the body or private parts of any person sixteen (16)

years of age or older, in a lewd and lascivious manner:

1. Without the consent of that person;

2. When committed by a state, county, municipal or political

subdivision employee or a contractor or an employee of a contractor

of the state, a county, a municipality or political subdivision of

this state upon a person who is under the legal custody, supervision

or authority of a state agency, a county, a municipality or a

political subdivision of this state, or the subcontractor or

employee of a subcontractor of the contractor of the state or

federal government, a county, a municipality or a political

subdivision of this state;

3. When committed upon a person who is at least sixteen (16)

years of age and is less than twenty (20) years of age and is a

student, or in the legal custody or supervision of any public or

private elementary or secondary school, or technology center school,

by a person who is eighteen (18) years of age or older and is an

employee of a school system;

4. When committed upon a person who is nineteen (19) years of

age or younger and is in the legal custody of a state agency,

federal agency or a tribal court, by a foster parent or foster

parent applicant; or

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5. When the victim is a student at a secondary school, is

concurrently enrolled at an institution of higher education, and

engages in acts pursuant to this subsection with a perpetrator who

is an employee of the institution of higher education of which the

student is enrolled.

As used in this subsection, "employee of an institution of

higher education" means faculty, adjunct faculty, instructors,

volunteers, or an employee of a business contracting with an

institution of higher education who may exercise, at any time,

institutional authority over the victim. Employee of an institution

of higher education shall not include an enrolled student who is not

more than three (3) years of age or older than the concurrently

enrolled student and who is employed or volunteering, in any

capacity, for the institution of higher education.

As used in this subsection, "employee of a school system" means

a teacher, principal or other duly appointed person employed by a

school system or an employee of a firm contracting with a school

system.

C. No person shall in any manner lewdly or lasciviously:

1. Look upon, touch, maul, or feel the body or private parts of

any human corpse in any indecent manner relating to sexual matters

or sexual interest; or

2. Urinate, defecate or ejaculate upon any human corpse.

D. Any person convicted of a violation of subsection B or C of

this section shall be deemed guilty of a Class B4 felony offense and

shall be punished by imprisonment in the custody of the Department

of Corrections for not more than ten (10) years.

E. The fact that an undercover operative or law enforcement

officer was involved in the detection and investigation of an

offense pursuant to this section shall not constitute a defense to a

prosecution under this section.
shall be deemed guilty of a Class B4 felony offense and

shall be punished by imprisonment in the custody of the Department

of Corrections for not more than ten (10) years.

E. The fact that an undercover operative or law enforcement

officer was involved in the detection and investigation of an

offense pursuant to this section shall not constitute a defense to a

prosecution under this section.

F. Except for persons sentenced to life or life without parole,

any person sentenced to imprisonment for two (2) years or more for a

violation of this section shall be required to serve a term of post-

imprisonment supervision pursuant to subparagraph f of paragraph 1

of subsection A of Section 991a of Title 22 of the Oklahoma Statutes

under conditions determined by the Department of Corrections. The

jury shall be advised that the mandatory post-imprisonment

supervision shall be in addition to the actual imprisonment.