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An Explination of Child Sexual Abuse Charges in Oklahoma by Tulsa Criminal Defense Lawyer Kevin Adams

Oklahoma's Child Sexual Abuse statute can be founs at Title 21 Oklahoma Statute Section 843.5 paragraph E and reads as follows:

Any parent or other person who shall willfully or maliciously engage in child sexual abuse shall, upon conviction, 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. As used in this section, “child sexual abuse” means the willful or malicious sexual abuse, which includes but is not limited to rape, incest, and lewd or indecent acts or proposals, of a child under eighteen (18) years of age by another.

Child sexual abuse is also an eighty-five (85%) crime. In order to prove child sexual abuse at trial a prosecutor must prove the following:

OUJI-CR 4-39 SEXUAL ABUSE/EXPLOITATION OF CHILDREN - ELEMENTS

No person may be convicted of the sexual abuse/exploitation of a child unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, a person willfully/maliciously engaged in;

Second, rape/incest/(making lewd/indecent acts/proposals)/(specify other sexual abuse);

Third, of/with/to a child under the age of eighteen/twelve.

OR

First, a person willfully/maliciously;

Second, Encouraged/allowed/permitted a child under the age of eighteen/twelve to engage in prostitution/(specify other sexual exploitation).

OR

First, a person willfully/maliciously;

Second, encouraged/allowed/permitted/(engaged in) the lewd/obscene/pornographic photographing/filming/depicting of a child under the age of eighteen/twelve by another person.


Child sexual abuse is a very serious charge in Oklahoma. Anyone facing child sexual abuse needs to take the case seriously. Learn about Mr. Adams experience handling sexual abuse charges. If you or a loved one is facing a charge of child sexual abuse you need think carefully before you hire a lawyer. If you or a loved one is charged with child sexual abuse it may also help you to understand probable cause and how experienced criminal attorneys analyze criminal cases.


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