What is 2nd degree rape state OF Oklahoma

Here is what you need to know about how Oklahoma classifies rape.

Oklahoma Rape Classifications

Oklahoma classifies many of its crimes, including rape, according to degree. The lower the number, the more serious the crime.

First-degree rape is what we normally think of as violent rape.  It is a crime of violence. In contrast, a second-degree rape — what is often called statutory rape — the parties want to have sex together, but because of age or infirmity, cannot consent.

Second-Degree Rape

Statutory rape can occur in a number of situations. The parties to the intercourse can be of the same or opposite sex.

The legal age at which one can give consent in Oklahoma is 16.

Statutory rape applies to all these situations:

• The victim is under the age of 16, but not younger than 14;  or
• The perpetrator caused the victim to believe that they are married and so intercourse is OK; or
• The victim, because of unsound mind or other infirmity, is unable to give consent; or
• The perpetrator is employed by a governmental or other agency of which the victim was under legal custody or supervision, and the perpetrator exercised authority over the victim; or
• The victim was between 16 and 20 years of age and was a student or under legal supervision of a school, and the defendant was 18 years of age or older and was an employee of the victim’s school; or
• The victim was 19 years or younger and in the legal custody of a court or other state or federal agency and the defendant was either the foster parent or foster parent applicant.

OUJI-CR 4-124

Romeo and Juliet Exemption

There is an exemption for close-in-age sexual encounters. Called the Romeo and Juliet law, and pertains to people who are at least 14 years old and younger than 19. Okla. Stat. tit. 21 § 1112

This precludes prosecution for these persons, even though one of them may be unable to give legal consent.

Penalties for Statutory Rape

If convicted, you could face anywhere from 1 to 15 years in prison.

The penalties for statutory rape can be harsh. In addition, if convicted, you must register for the sex offender registry.  This can stay with a defendant long after they have served their time.

If you or a loved one are facing charges in Okmulgee, Oklahoma, it is important that you hire an experienced criminal defense attorney as soon as possible.

Call for a Free Consultation with an Experienced Okmulgee Criminal Attorney

Call 918-756-9600 now for a free consultation with an Okmulgee Oklahoma lawyer at Wirth Law Office – Okmulgee.

Or, enter your legal question or concern in the firm at the top right of this page, and one of our attorneys will email or call you.

Tags: Okmulgee felony defense attorneys, Okmulgee sex crimes defense attorneys, second-degree rape in Okmulgee Oklahoma

In Oklahoma, the criminal charge of Rape- second degree is classified as a Felony .

Rape- second degree Crime & Punishment in Oklahoma :

The Oklahoma code § 1114 defines one degrees of the crime rape- second degree, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Rape- second degree defined in other states :

Rape- second degree is a charge in a total of nine other state(s). The exact definition, charge type, and potential sentencing of this charge varying state to state. For further details please refer to the state page.

Back to list of Oklahoma laws

In Oklahoma, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone 15 or younger), even if the sex is consensual. Those who break the law have committed statutory rape.

Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Their incapacity is written into the statute—hence the term, "statutory" rape. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult.

Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Of course, rape that does involve force or an assault is illegal in Oklahoma and prosecuted as forcible rape. Assaults of a sexual nature may also be charged under the state's assault and battery or child enticement laws.

Oklahoma's Statutory Rape Laws and Potential Penalties

Statutory rape is prosecuted under Oklahoma's rape and sex crime laws. Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below.

Getting Legal Guidance
The information in this article provides an overview of the law relating to statutory rape. If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney. The law is complex and changes regularly.

First degree rape includes consensual sex (which includes vaginal or anal intercourse or penetration, however slight, by a body part or object) between a minor who is younger than 14 and a defendant who is 18 or older. The offense is a felony, and potential penalties include at least five years (and up to life) in prison. (Okla. Stat. Ann. tit. 21, §§ 1111, 1114, 1115 (2018).)

Second degree rape includes consensual sex between a minor younger than 14 and a defendant who is younger than 18. It also includes consensual sex between a minor who is 14 or 15, and a defendant who is 18 or older. The offense is a felony, and potential penalties include at least one year (and up to 15 years) in prison. (Okla. Stat. Ann. tit. 21, §§ 1111, 1114, 1116 (2018).)

Lewd or indecent acts with a child younger than 16 includes sexual touching (without penetration) between a minor who is younger than 16 and a defendant who is at least three years older than the victim. Potential penalties include at least three years in prison. (Okla. Stat. Ann. tit. 21, § 1123 (2018).)

Sex Offender Registration

State law requires that, in addition to the applicable fines and prison time, people convicted of certain sexual crimes (including some instances of statutory rape) must register as sex offenders. (Okla. Stat. Ann. tit. 57, § 582 (2018).)

Defenses to a Statutory Rape Charge in Oklahoma

Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur." One or more of the following defenses may also apply.

Marriage

Oklahoma has a marital exemption for statutory rape that allows consensual sex between married minors and their adult spouses even though their ages would prohibit it if they were not married. (The marital defense is a remnant of the marital rape exemption.) (Okla. Stat. Ann. tit. 21, § 1111 (2018).)

Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 15-year-old, willingly has sex with Tony, her 21-year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.

But if Jen and Tony are married and living in Oklahoma, Tony need not fear criminal charges for having consensual sex with Jen. This is because Oklahoma has a marital exemption to the state's statutory rape laws.

However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law even if the two are married.

When Both Parties Are Minors: The "Romeo and Juliet" Exception

Named after Shakespeare's young lovers, "Romeo and Juliet" exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age. Oklahoma's Romeo and Juliet exemption protects from prosecution certain minors who engage in consensual sex. The law applies to consensual sex between two minors who are at least 14 but younger than 18. (Okla. Stat. Ann. tit. 21, § 1112 (2018).)

However, engaging in sex with a child under the age of 14 is always a serious crime, and a conviction can result in a sentence of up to life in prison.

Mistake of Age

Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. But even if this is true, a defendant cannot rely on a mistake of age—even a reasonable one—to avoid conviction in Oklahoma.

See a Lawyer

If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. The law can change at any time, and a lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to your case.

A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties (such as, for example, probation instead of prison time) and will know how prosecutors and judges typically handle cases like yours.

Help for Sexual Assault and Rape Survivors

If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.

Updated October 17, 2018