Chronilogical age of Consent & Statutory Rape Law in Oklahoma
Posted Thursday, September 3rd, 2020 by Alicia Martinello

A frequently expected question on the web is something such as, “I’m X years of age. Could I have sexual intercourse with a person who is Y years old? ”. The solution to this relevant concern calls for a review of of Oklahoma’s chronilogical age of permission, incest, and rape laws and regulations.

Age of Consent in Oklahoma

The chronilogical age of permission in Oklahoma is 16. Therefore, it really is generally speaking legal for the 16-year-old to own intercourse with anybody more than them. Intercourse between folks who are 15-17 years old is typically legal. Many different exceptions make that intercourse unlawful.

Statutory Rape in Oklahoma

21 O.S. § 1111 states that rape occurs when the target is fifteen yrs. Old or more youthful. Nevertheless, 21 O.S. § 1112 states that any particular one can’t be convicted of rape as soon as the consensual intercourse happened with somebody over 14 unless the individual had been 18 years or older. 21 O.S. § 1111 also states that the sex that is following additionally unlawful:

  • Where in actuality the target is beneath the appropriate custody or guidance of circumstances agency, a federal agency, a county, a municipality or a governmental subdivision and partcipates in intercourse with a situation, federal, county, municipal or political subdivision worker or a worker of a specialist associated with the state, the government, a county, a municipality or a political subdivision that workouts authority on the target. Translation: No sex by federal federal federal government workers with an individual who is beneath the custody of the governmental agency if that agency the employee works well with workouts authority within the target.
  • Where in fact the target has reached minimum 16 years of age and it is not as much as two decades old and it is a pupil, or underneath the appropriate custody or guidance of any general general public or private primary or additional school, junior high or senior high school, or general public vocational college, and partcipates in sexual activity with somebody who is 18 yrs. Old or older and is a worker of the school system that is same. Interpretation: a college worker who’s 18 or older can’t have sexual intercourse with a pupil for the reason that school that is same that is more youthful than 20.
  • In which the target is 19 yrs. Old or more youthful and it is when you look at the appropriate custody of adam4adam a situation agency, federal agency or tribal court and engages in sexual activity having a foster parent or foster parent applicant. Interpretation: Foster moms and dads can’t have sexual intercourse using their foster young ones in the event that foster youngster is 19 or more youthful.
  • Where in fact the target reaches minimum 16 years old but lower than 18 years of age as well as the perpetrator for the criminal activity is an individual in charge of the child’s wellness, welfare or safety. “Person accountable for a child’s wellness, security or welfare” includes it is not restricted to:
    • A moms and dad,
    • A guardian that is legal
    • Custodian,
    • A parent that is foster
    • An individual 18 yrs old or older with whom the child’s moms and dad cohabitates,
    • Any kind of adult surviving in the house for the son or daughter,
    • A realtor or worker of a general public or private home that is residential institution, center or time treatment plan, or
    • An owner, operator or worker of the youngster care facility.

Incest in Oklahoma

Per 21 O.S. § 885, incest is unlawful. 43 O.S. § 2 outlines the parameters of who it could be unlawful to own intercourse with. Intercourse between individuals of the after connection is unlawful:

  • Ancestors and descendants of every level,
  • A stepfather by having a stepdaughter,
  • Stepmother with stepson,
  • Uncles and nieces, except where relationship that is such just by wedding,
  • Aunts and nephews, except in instances where relationship that is such just by wedding,
  • Siblings associated with half along with the entire bloodstream, and
  • Very very very first cousins.

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

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