Okla. Stat. tit. 21, § 21-843.5v3

Child sexual exploitation - Enabling – Penalties.

A. Any person who shall willfully or maliciously engage in

child abuse, as defined in this section, shall, upon conviction, be

guilty of a Class A3 felony offense punishable by imprisonment in

the custody of the Department of Corrections not exceeding life

imprisonment, or by imprisonment in a county jail not exceeding one

(1) year, or by a fine of not less than Five Hundred Dollars

($500.00) nor more than Five Thousand Dollars ($5,000.00), or both

such fine and imprisonment.

B. Any person responsible for the health, safety or welfare of

a child who shall willfully or maliciously engage in enabling child

abuse, as defined in this section, shall, upon conviction, be guilty

of a Class A3 felony offense and shall be punished by imprisonment

in the custody of the Department of Corrections not exceeding life

imprisonment, or by imprisonment in a county jail not exceeding one

(1) year, or by a fine of not less than Five Hundred Dollars

($500.00) nor more than Five Thousand Dollars ($5,000.00), or both

such fine and imprisonment.

C. Any person responsible for the health, safety or welfare of

a child who shall willfully or maliciously engage in child neglect,

as defined in this section, shall, upon conviction, be guilty of a

Class B1 felony offense and shall be punished by imprisonment in the

custody of the Department of Corrections not exceeding life

imprisonment, or by imprisonment in a county jail not exceeding one

(1) year, or by a fine of not less than Five Hundred Dollars

($500.00) nor more than Five Thousand Dollars ($5,000.00), or both

such fine and imprisonment.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 355

D. Any parent or other person who shall willfully or

maliciously engage in enabling child neglect shall, upon conviction,

be guilty of a Class B1 felony offense and shall be punished by

imprisonment in the custody of the Department of Corrections not

exceeding life imprisonment, or by imprisonment in a county jail not

exceeding one (1) year, or by a fine of not less than Five Hundred

Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),

or both such fine and imprisonment.

E. Any person responsible for the health, safety or welfare of

a child who shall willfully or maliciously engage in child sexual

abuse, as defined in this section, shall, upon conviction, be guilty

of a Class A3 felony offense and shall be punished by imprisonment

in the custody of the Department of Corrections not exceeding life

imprisonment, or by imprisonment in a county jail not exceeding one

(1) year, or by a fine of not less than Five Hundred Dollars

($500.00) nor more than Five Thousand Dollars ($5,000.00), or both

such fine and imprisonment, except as provided in Section 51.1a of

this title or as otherwise provided in subsection F of this section

for a child victim under twelve (12) years of age. 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 subsection 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.

F. Any person responsible for the health, safety or welfare of

a child who shall willfully or maliciously engage in child sexual

abuse, as defined in this section, to a child under twelve (12)

years of age shall, upon conviction, be guilty of a Class A1 felony

offense and shall be punished by imprisonment in the custody of the

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

nor more than life imprisonment, and by a fine of not less than Five
d who shall willfully or maliciously engage in child sexual

abuse, as defined in this section, to a child under twelve (12)

years of age shall, upon conviction, be guilty of a Class A1 felony

offense and shall be punished by imprisonment in the custody of the

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

nor more than life imprisonment, and by a fine of not less than Five

Hundred Dollars ($500.00) nor more than Five Thousand Dollars

($5,000.00).

G. Any parent or other person who shall willfully or

maliciously engage in enabling child sexual abuse shall, upon

conviction, be guilty of a Class A3 felony offense and shall be

punished by imprisonment in the custody of the Department of

Corrections not exceeding life imprisonment, or by imprisonment in a

county jail not exceeding one (1) year, or by a fine of not less

than Five Hundred Dollars ($500.00) nor more than Five Thousand

Dollars ($5,000.00), or both such fine and imprisonment.

H. Any person who shall willfully or maliciously engage in

child sexual exploitation, as defined in this section, shall, upon

conviction, be guilty of a Class A3 felony offense and shall be

Oklahoma Statutes - Title 21. Crimes and Punishments Page 356

punished by imprisonment in the custody of the Department of

Corrections not exceeding life imprisonment, or by imprisonment in a

county jail not exceeding one (1) year, or by a fine of not less

than Five Hundred Dollars ($500.00) nor more than Five Thousand

Dollars ($5,000.00), or both such fine and imprisonment, except as

provided in subsection I of this section for a child victim under

twelve (12) years of age. 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 subsection 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.

I. Any person who shall willfully or maliciously engage in

child sexual exploitation, as defined in this section, of a child

under twelve (12) years of age shall, upon conviction, be guilty of

a Class A1 felony offense and shall be punished by imprisonment in

the custody of the Department of Corrections for not less than

twenty-five (25) years nor more than life imprisonment, and by a

fine of not less than Five Hundred Dollars ($500.00) nor more than

Five Thousand Dollars ($5,000.00).

J. Any person responsible for the health, safety or welfare of

a child who shall willfully or maliciously engage in enabling child

sexual exploitation, as defined in this section, shall, upon

conviction, be guilty of a Class A3 felony offense and shall be

punished by imprisonment in the custody of the Department of

Corrections not exceeding life imprisonment, or by imprisonment in a

county jail not exceeding one (1) year, or by a fine of not less

than Five Hundred Dollars ($500.00) nor more than Five Thousand

Dollars ($5,000.00), or both such fine and imprisonment.

K. Notwithstanding any other provision of law, any person

convicted of forcible anal or oral sodomy, rape, rape by

instrumentation, or lewd molestation of a child under fourteen (14)

years of age subsequent to a previous conviction for any offense of

forcible anal or oral sodomy, rape, rape by instrumentation, or lewd

molestation of a child under fourteen (14) years of age shall be

guilty of a Class A1 felony offense and shall be punished by death

or by imprisonment for life without parole.

L. Provided, however, that nothing contained in this section

shall prohibit any parent or guardian from using reasonable and

ordinary force pursuant to Section 844 of this title.
rape, rape by instrumentation, or lewd

molestation of a child under fourteen (14) years of age shall be

guilty of a Class A1 felony offense and shall be punished by death

or by imprisonment for life without parole.

L. Provided, however, that nothing contained in this section

shall prohibit any parent or guardian from using reasonable and

ordinary force pursuant to Section 844 of this title.

M. Consent shall not be a defense for any violation provided

for in this section.

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N. Notwithstanding the age requirements of other statutes

referenced within this section, this section shall apply to any

child under eighteen (18) years of age.

O. As used in this section:

1. "Child abuse" means:

a. the willful or malicious harm or threatened harm or

failure to protect from harm or threatened harm to the

health, safety or welfare of a child under eighteen

(18) years of age by a person responsible for a

child's health, safety or welfare, or

b. the act of willfully or maliciously injuring,

torturing or maiming a child under eighteen (18) years

of age by any person;

2. "Child neglect" means the willful or malicious neglect, as

defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, of

a child under eighteen (18) years of age by a person responsible for

a child's health, safety or welfare;

3. "Child sexual abuse" means the willful or malicious sexual

abuse of a child under eighteen (18) years of age by a person

responsible for a child's health, safety or welfare and includes,

but is not limited to:

a. sexual intercourse,

b. penetration of the vagina or anus, however slight, by

an inanimate object or any part of the human body not

amounting to sexual intercourse,

c. sodomy,

d. incest, or

e. a lewd act or proposal, as defined in this section;

4. "Child sexual exploitation" means the willful or malicious

sexual exploitation of a child under eighteen (18) years of age by

another and includes, but is not limited to:

a. human trafficking, as provided for in Section 748 of

this title, if the offense involved child trafficking

for commercial sex,

b. trafficking in children, as provided for in Section

866 of this title, if the offense was committed for

the sexual gratification of any person,

c. procuring or causing the participation of a minor in

child pornography, as provided for in Section 1021.2

of this title,

d. purchase, procurement or possession of child

pornography, as provided for in Section 1024.2 of this

title,

e. engaging in or soliciting prostitution, as provided

for in Section 1029 of this title, if the offense

involved child sex trafficking,

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f. publication, distribution or participation in the

preparation of obscene material, as provided for in

Section 1040.8 of this title, if the offense involved

child pornography,

g. aggravated possession of child pornography, as

provided for in Section 1040.12a of this title,

h. sale or distribution of obscene material, as provided

for in Section 1040.13 of this title,

i. soliciting sexual conduct or communication with a

minor by use of technology, as provided for in Section

1040.13a of this title,

j. offering or transporting a child for purposes of child

sex trafficking, as provided for in Section 1087 of

this title, and

k. child sex trafficking, as provided for in Section 1088

of this title;

5. "Enabling child abuse" means the causing, procuring or

permitting of child abuse by a person responsible for a child's

health, safety or welfare;

6. "Enabling child neglect" means the causing, procuring or

permitting of child neglect by a person responsible for a child's

health, safety or welfare;

7. "Enabling child sexual abuse" means the causing, procuring

or permitting of child sexual abuse by a person responsible for a

child's health, safety or welfare;
child abuse by a person responsible for a child's

health, safety or welfare;

6. "Enabling child neglect" means the causing, procuring or

permitting of child neglect by a person responsible for a child's

health, safety or welfare;

7. "Enabling child sexual abuse" means the causing, procuring

or permitting of child sexual abuse by a person responsible for a

child's health, safety or welfare;

8. "Enabling child sexual exploitation" means the causing,

procuring or permitting of child sexual exploitation by a person

responsible for a child's health, safety or welfare;

9. "Incest" means marrying, committing adultery or fornicating

with a child by a person responsible for the health, safety or

welfare of a child;

10. "Lewd act or proposal" means:

a. making any oral, written or electronic or computer-

generated lewd or indecent proposal to a child for the

child to have unlawful sexual relations or sexual

intercourse with any person,

b. looking upon, touching, mauling or feeling the body or

private parts of a child in a lewd or lascivious

manner or for the purpose of sexual gratification,

c. asking, inviting, enticing or persuading any child to

go alone with any person to a secluded, remote or

secret place for a lewd or lascivious purpose,

d. urinating or defecating upon a child or causing,

forcing or requiring a child to defecate or urinate

upon the body or private parts of another person for

the purpose of sexual gratification,

e. ejaculating upon or in the presence of a child,

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f. causing, exposing, forcing or requiring a child to

look upon the body or private parts of another person

for the purpose of sexual gratification,

g. causing, forcing or requiring any child to view any

obscene materials, child pornography or materials

deemed harmful to minors as such terms are defined in

Sections 1024.1 and 1040.75 of this title,

h. causing, exposing, forcing or requiring a child to

look upon sexual acts performed in the presence of the

child for the purpose of sexual gratification, or

i. causing, forcing or requiring a child to touch or feel

the body or private parts of the child or another

person for the purpose of sexual gratification;

11. "Permit" means to authorize or allow for the care of a

child by an individual when the person authorizing or allowing such

care knows or reasonably should know that the child will be placed

at risk of the conduct or harm proscribed by this section;

12. "Person responsible for a child's health, safety or

welfare" for purposes of this section shall include, but not be

limited to:

a. the parent of the child,

b. the legal guardian of the child,

c. the custodian of the child,

d. the foster parent of the child,

e. a person eighteen (18) years of age or older with whom

the parent of the child cohabitates, who is at least

three (3) years older than the child,

f. any other person eighteen (18) years of age or older

residing in the home of the child, who is at least

three (3) years older than the child,

g. an owner, operator, agent, employee or volunteer of a

public or private residential home, institution,

facility or day treatment program, as defined in

Section 175.20 of Title 10 of the Oklahoma Statutes,

that the child attended,

h. an owner, operator, agent, employee or volunteer of a

child care facility, as defined in Section 402 of

Title 10 of the Oklahoma Statutes, that the child

attended,

i. an intimate partner of the parent of the child, as

defined in Section 60.1 of Title 22 of the Oklahoma

Statutes, or

j. a person who has voluntarily accepted responsibility

for the care or supervision of a child;

13. "Sexual intercourse" means the actual penetration, however

slight, of the vagina or anus by the penis; and

14. "Sodomy" means:

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a. penetration, however slight, of the mouth of the child

by a penis,
22 of the Oklahoma

Statutes, or

j. a person who has voluntarily accepted responsibility

for the care or supervision of a child;

13. "Sexual intercourse" means the actual penetration, however

slight, of the vagina or anus by the penis; and

14. "Sodomy" means:

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a. penetration, however slight, of the mouth of the child

by a penis,

b. penetration, however slight, of the vagina of a person

responsible for a child's health, safety or welfare,

by the mouth of a child,

c. penetration, however slight, of the mouth of the

person responsible for a child's health, safety or

welfare by the penis of the child, or

d. penetration, however slight, of the vagina of the

child by the mouth of the person responsible for a

child's health, safety or welfare.