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Oklahoma Statutes Citationized This section was amended three times during the 2002 Legislative Session, by: (i) Laws 2002, HB 2301, c. 110, § 2, emerg. eff. July 1, 2002; (ii) Laws 2002, SB 1425, c. 455, § 6, emerg. eff. June 5, 2002; and (iii) Laws 2002, SB 1536, c. 460 § 11, eff. November 11, 2002. None of the 2002 amendments was repealed during the 2003 Legislative Session.Version One (as amended by Laws 2002, HB 2301, c. 110, § 2, emerg. eff. July 1, 2002, and by Laws 2002, SB 1536, c. 460, § 11, eff. November 1, 2002, and by Laws 2003, HB 1623, c. 159, § 1, eff. November 1, 2003): A. It is a felony for any person to knowingly and intentionally: 1. Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, for the child to have unlawful sexual relations or sexual intercourse with any person; or 2. Look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any lewd or lascivious manner by any acts against public decency and morality, as defined by law; or 3. Ask, invite, entice, or persuade any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child; or 4. In any manner lewdly or lasciviously look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any indecent manner or in any manner relating to sexual matters or sexual interest; or 5. In a lewd and lascivious manner and for the purpose of sexual gratification: a. urinate or defecate upon a child under sixteen (16) years of age , b. ejaculate upon or in the presence of a child, c. cause, expose, force or require a child to look upon the body or private parts of another person, d. force or require any child under sixteen (16) years of age or other individual the person believes to be a child under sixteen (16) years of age, to view any obscene materials, child pornography or materials deemed harmful to minors as such terms are defined by Sections 1024.1 and 1040.75 of this title, e. cause, expose, force or require a child to look upon sexual acts performed in the presence of the child, or f. force or require a child to touch or feel the body or private parts of said child or another person. Any person convicted of any violation of subsection A of this section shall be punished by imprisonment in the State Penitentiary for not less than one (1) year nor more than twenty (20) years. The provisions of this section shall not apply unless the accused is at least three (3) years older than the victim. Any person convicted of a second or subsequent violation of subsection A of this section shall be guilty of a felony punishable as provided in this subsection and shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of subsection A of this section shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court. Any person convicted of a violation of this subsection after having been twice convicted of a violation of subsection A of Section 1114 of this title, Section 888 of this title, sexual abuse of a child pursuant to Section 7115 of Title 10 of the Oklahoma Statutes, or of any attempt to commit any of these offenses or any combination of convictions pursuant to these sections shall be punished by imprisonment in the State Penitentiary for a term of life or life without parole. B. No person shall commit sexual battery on any other person. "Sexual battery" shall mean the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner and without the consent of that person or when committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state. C. Any person convicted of any violation of this subsection shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not more than five (5) years. D. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense pursuant to this section shall not constitute a defense to a prosecution under this section. Version Two (as amended by Laws 2002, SB 1425, c. 455, § 6, emerg. eff. July 1, 2002):A. Any person who shall knowingly and intentionally: 1. Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age for the child to have unlawful sexual relations or sexual intercourse with any person; or 2. Look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any lewd or lascivious manner by any acts against public decency and morality, as defined by law; or 3. Ask, invite, entice, or persuade any child under sixteen (16) years of age to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child; or 4. In any manner lewdly or lasciviously look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any indecent manner or in any manner relating to sexual matters or sexual interest; or 5. In a lewd and lascivious manner and for the purpose of sexual gratification, urinate or defecate upon a child under sixteen (16) years of age or ejaculate upon or in the presence of a child, or force or require a child to look upon the body or private parts of another person or upon sexual acts performed in the presence of the child or force or require a child to touch or feel the body or private parts of said child or another person, upon conviction, shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not less than one (1) year nor more than twenty (20) years, except as provided in Section 3 of this act. The provisions of this section shall not apply unless the accused is at least three (3) years older than the victim. Any person convicted of a second or subsequent violation of subsection A of this section shall be guilty of a felony and shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of subsection A of this section shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court. B. No person shall commit sexual battery on any other person. "Sexual battery" shall mean the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner and without the consent of that person or when committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state. C. Any person convicted of any violation of this subsection shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not more than five (5) years. Historical Data
Laws 1945, p. 95, § 1, emerg. eff. May 5, 1945; Amended by Laws 1947, p. 232, § 1, emerg. eff. March 6, 1947; Amended by Laws 1951, p. 60, § 1, emerg. eff. May 26, 1951; Amended by Laws 1955, p. 186, § 1, emerg. eff. May 24, 1955; Amended by Laws 1965, c. 97, § 1, emerg. eff. May 12, 1965; Amended by Laws 1981, c. 206, § 1, emerg. eff. May 26, 1981; Amended by Laws 1983, c. 42, § 1, eff. November 1, 1983; Amended by Laws 1985, c. 112, § 4, eff. November 1, 1985; Amended by Laws 1989, c. 113, § 1, eff. November 1, 1989; Amended by Laws 1990, c. 224, § 4, eff. September 1, 1990; Amended by Laws 1992, c. 289, § 3, emerg. eff. May 25, 1992; Amended by Laws 1997, HB 1213, c. 133, § 299 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., c. 2, §§ 23-26, effective June 19, 1998 (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, § 200, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2000, HB 2349, c. 56, § 1, eff. November 1, 2000 (superseded document available); Amended by Laws 2000, HB 2121 c. 175. § 2, eff. November 1, 2000 (superseded document available); Amended by Laws 2002, HB 2301, c. 110, § 2, emerg. eff. July 1, 2002; Amended by Laws 2002, SB 1425, c. 455, § 6, emerg. eff. July 1, 2002 ( superseded document available ); Amended by Laws 2002, SB 1536, c. 460, § 11, eff. November 1, 2002 ( superseded document available ); Amended by Laws 2003, HB 1623, c. 159, § 1, eff. November 1, 2003 ( superseded document available ).
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