Chronilogical age of Consent & Statutory Rape Law in Oklahoma

Chronilogical age of Consent & Statutory Rape Law in Oklahoma

A frequently expected question on the net is something such as, “I’m X years of age. Am I able to have sexual intercourse with a person who is Y years ” that is old. The solution to this relevant concern calls for a consider of Oklahoma’s chronilogical age of permission, incest, and rape legislation.

Age of Consent in Oklahoma

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

Statutory Rape in Oklahoma

21 O.S. § 1111 states that rape takes place when the target is fifteen years of age or more youthful. But, 21 O.S. § 1112 states that any particular one can not be convicted of rape if the consensual intercourse took place with somebody over 14 unless the individual ended up being 18 years or older. 21 O.S. § 1111 also states that the after sex is additionally illegal:

  • Where in fact the target is underneath the legal custody or direction of a situation agency, a federal agency, a county, a municipality or a governmental subdivision and partcipates in sexual activity with circumstances, federal, county, municipal or governmental subdivision worker or a member of staff of a specialist regarding the state, the government, a county, a municipality or perhaps a governmental subdivision that exercises authority on the target. Translation: No intercourse by federal federal government workers with somebody who is underneath the custody of a governmental agency if that agency the employee works for workouts authority throughout the victim.
  • Where in actuality the target are at minimum 16 yrs. Old and it is significantly less than two decades old and it is a pupil, or beneath the appropriate custody or direction of any general public or private primary or additional school, junior high or senior school, or general general public vocational college, and partcipates in sexual activity with somebody who is 18 years of age or older and it is a worker associated with the exact same college system. Interpretation: a college worker that is 18 or older can’t have sexual intercourse with a pupil for the reason that exact same college system who’s more youthful than 20.
  • Where in fact the target is 19 yrs old or more youthful and it is within the appropriate custody of a situation agency, federal agency or tribal court and partcipates in intercourse with a foster parent or foster parent applicant. Interpretation: Foster parents can’t have intercourse using their foster kids in the event that foster youngster is 19 or younger.
  • Where in fact the target are at minimum 16 yrs old but lower than 18 years old plus the perpetrator of the criminal activity is someone in charge of the child’s health, welfare or safety. “Person accountable for a child’s wellness, security or welfare” includes it is not restricted to:
    • A moms and dad,
    • A appropriate guardian,
    • Custodian,
    • A foster moms and dad,
    • An individual 18 yrs. Old or older with whom the child’s moms and dad cohabitates,
    • Some other adult moving into the home of this son or daughter,
    • A real estate agent or worker of the general public or private home that is residential organization, center or time treatment plan, or
    • An owner, operator or employee of a young youngster 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 own intercourse with. Intercourse between individuals of the after connection is unlawful:

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

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