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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2515 By: Stinson and Sims
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2011, Section 843.5, as l ast amended by
Section 1, Chapter 284, O.S.L. 2019 (21 O.S. Supp.
2020, Section 843.5), which relates to penalties for
child abuse and neglect; modifying scope of certain
prohibited acts; deleting defined terms; deleting
certain unlawful acts and related d efinitions;
precluding the use of certain defense in criminal
prosecutions; declaring age requirement; defining
terms; amending 21 O.S. 2011, Section 888, as last
amended by Section 2, Chapter 167, O.S.L. 2018 (21
O.S. Supp. 2020, Section 888), which relat es to
penalties for forcible sodomy; deleting certain
circumstance that determines the crime of forcible
sodomy; deleting defined term; amending 21 O.S. 2011,
Section 1111, as last amended by Section 3, Chapter
167, O.S.L. 2018 (21 O.S. Supp. 2020, Section 1111),
which relates to the crime of rape; deleting certain
circumstance that determines the crime of rape;
deleting defined term; amending 21 O.S. 2011, Section
1123, as last amended by Section 4, Chapter 167,
O.S.L. 2018 (21 O.S. Supp. 2020, Section 112 3), which
relates to penalties for lewd or indecent acts to a
child; deleting certain prohibited act and related
penalties; deleting defined term; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 21 O.S. 2011, Section 843.5, as
last amended by Section 1, Chapter 284, O.S.L. 2019 (21 O.S. Supp.
2020, Section 843.5), is amended to read as follows:
Section 843.5 A. Any parent or other person who shall
willfully or maliciously engage in child abuse , as defined in this
section, shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections not
exceeding life imprisonment, or by imprisonment in a county jail no t
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. As used in this subsection,
"child abuse" means the willful or malicious harm or th reatened harm
or failure to protect from harm or threatened harm to the health,
safety, or welfare of a child under eighteen (18) years of age by
another, or the act of willfully or maliciously injuring, torturing
or maiming a child under eighteen (18) yea rs of age by another.
B. Any parent or other person responsible for the health,
safety or welfare of a child who shall willfully or maliciously
engage in enabling child abuse , as defined in this section, 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 ($5,000.00) o r both such fine and
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imprisonment. As used in this subsection, "enabling child abuse "
means the causing, procuring or permitting of a willful or malicious
act of harm or threatened harm or failure to protect from harm or
threatened harm to the health, saf ety, or welfare of a child under
eighteen (18) years of age by another. As used in this subsection,
"permit" means to authorize or allow for the care of a child by an
individual when the person authorizing or allowing such care knows
or reasonably should know that the child will be placed at risk of
abuse as proscribed by this subsection.
C. Any parent or other person responsible for the health,
safety or welfare of a child who shall willfully or maliciously
engage in child neglect , as defined in this sec tion, shall, upon
conviction, be punished by imprisonment in the custody of the
Department of Corrections not exceeding life imprisonment, or by
imprisonment in a county jail not exceeding one (1) year, or by a
fine of not less than Five Hundred Dollars ($ 500.00) nor more than
Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment. As used in this subsection, "child neglect" means the
willful or malicious neglect, as defined by Section 1 -1-105 of Title
10A of the Oklahoma Statutes, of a chil d under eighteen (18) years
of age by another.
D. Any parent or other person who shall willfully or
maliciously engage in enabling child neglect shall, upon conviction,
be punished by imprisonment in the custody of the Department of
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Corrections not exceed ing 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. As used in
this subsection, "enabling child neglect " means the causing,
procuring or permitting of a willful or malicious act of child
neglect, as defined by Section 1 -1-105 of Title 10A of the Oklahoma
Statutes, of a child under eighteen (18) years of age by another.
As used in this subsection, "permit" means to authorize or allow for
the care of a child by an individual when the person authorizing or
allowing such care knows or reasonably should know that the child
will be placed at risk of neglect as proscribed by this subse ction.
E. Any parent or other person responsible for the health,
safety or welfare of a child who shall willfully or maliciously
engage in child sexual abuse or enabling child sexual abuse , as
defined in this section, shall, upon conviction, be punished b y
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 wi thout parole, any person
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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.
F. E. Any parent or other person responsible for the health,
safety or welfare of a child who shall willfully or maliciously
engage in child sexual abuse, as defined in this section, to a child
under twelve (12) years of age shall, upon conviction, be punished
by imprisonment in the custody of the Departme nt of Corrections for
not less than twenty -five (25) years nor more than life
imprisonment, and by a fine of not less than Five Hundred Dollars
($500.00) nor more than Five Thousand Dollars ($5,000.00).
G. Any parent or other person who shall willfully or
maliciously engage in enabling 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
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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. As used in this subsection, "enabling child sexual
abuse" means the causing, procuring or permitting of a willful or
malicious act of child sexual abuse, which includes but is not
limited to rape, incest, and lewd or indecent acts or proposals, of
a child under the age of eighteen (18) by another. As used in this
subsection, "permit" means to authorize or allow for the care of a
child by an individual when the person authorizing or allowing such
care knows or reasonably should know that the child will be placed
at risk of sexual abuse as proscribed by this subsection.
H. F. Any parent or other person who shall willfully or
maliciously engage in child sexual exploitation , as defined in this
section, 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 ex ceeding 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 subsection I of
this section for a child victim under twelve (12) y ears 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 subp aragraph f of
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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 subsection, "child sexual
exploitation" means the willful or malicious sexual exploitation,
which includes but is not limited to allowing, permitting, or
encouraging a child under eighteen (18) years of age to eng age in
prostitution or allowing, permitting, encouraging or engaging in the
lewd, obscene or pornographic photographing, filming, or depicting
of a child under eighteen (18) years of age by another.
I. G. Any parent or other person who shall willfully or
maliciously engage in child sexual exploitation, as defined in this
section, of a child under twelve (12) years of age shall, upon
conviction, be punished by imprisonment in the custody of the
Department of Corrections for not less than twenty -five (25) years
nor more than life imprisonment, and by a fine of not less than Five
Hundred Dollars ($500.00) nor more than Five Thousand Dollars
($5,000.00).
J. H. Any parent or other person responsible for the health,
safety or welfare of a child who shall willfully or maliciously
engage in enabling child sexual exploitation , as defined in this
section, shall, upon conviction, be punished by imprisonment in the
custody of the Department of Corrections not exceeding life
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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. As used in this subsection, "enabling
child sexual exploitation " means the causing, procuring or
permitting of a willful or malicious act of child sexual
exploitation, which includes but is not limited to allowing,
permitting, or encouraging a child under eighteen (18) years of age
to engage in prostitution or allowing, permitting , encouraging or
engaging in the lewd, obscene or pornographic photographing,
filming, or depicting of a child under eighteen (18) years of age by
another. As used in this subsection, "permit" means to authorize or
allow for the care of a child by an indi vidual when the person
authorizing or allowing such care knows or reasonably should know
that the child will be placed at risk of sexual exploitation as
proscribed by this subsection.
K. I. Notwithstanding any other provision of law, any parent or
other person convicted of forcible anal or oral sodomy, rape, rape
by instrumentation, or lewd molestation of a child under fourteen
(14) years of age subsequent to a previous conviction for any
offense of forcible anal or oral sodomy, rape, rape by
instrumentation, or lewd molestation of a child under fourteen (14)
years of age shall be punished by death or by imprisonment for life
without parole.
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L. J. Provided, however, that nothing contained in this section
shall prohibit any parent or guardian from using rea sonable and
ordinary force pursuant to Section 844 of this title.
K. Consent shall not be a defense for any violation provided
for in this section.
L. Notwithstanding the age requirements of other statutes
referenced within this section, this section sha ll apply to any
child under eighteen (18) years of age.
M. As used in this section:
1. "Child abuse" means:
a. the willful or malicious harm or threatened harm or
failure to protect from harm or threat ened harm to the
health, safety or welfare of a child under eighteen
(18) years of age by a person responsible for a
child's health, safety or welfare , or
b. the act of willfully or maliciously injuring,
torturing or maiming a child under eighteen (18) years
of age by any person ;
2. "Child neglect" means the willful or malicious neglect, as
defined by Section 1 -1-105 of Title 10A of the Oklahoma Statutes, of
a child under eighteen (18) years of age by a person responsible for
a child's health, safety or welfare;
3. "Child sexual abuse" means the willful or malicious sexual
abuse of a child under eighteen (18) years of age by a person
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responsible for a child's health, safety or welfare, but is not
limited to:
a. sexual intercourse,
b. penetration of the vagin a or anus, however slight, by
an inanimate object or any part of the human body not
amounting to sexual intercourse,
c. sodomy,
d. incest, or
e. a lewd act or proposal, as defined in this section;
4. "Child sexual exploitation " means the willful or malicious
sexual exploitation of a child under eighte en (18) years of age by
another and includes, but is not limited to:
a. human trafficking, as provided for in Section 748 of
this title, if the offense involved child trafficking
for commercial sex,
b. trafficking in children, as provided for in Section
866 of this title, if the offense was committed for
the sexual gratification of any person,
c. procuring or causing the participation of a minor in
child pornography, as provided for in Section 1021.2
of this title,
d. purchase, procurement or possession of chil d
pornography, as provided for in Section 1024.2 of this
title,
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e. engaging in or soliciting prostitution, as provided
for in Section 1029 of this title, if the offense
involved child prostitution,
f. publication, distribution or participation in the
preparation of obscene material, as provided for in
Section 1040.8 of this title, if the offense involved
child pornography,
g. aggravated possession of child pornography, as
provided for in Section 1040.12a of this title,
h. sale or distribution of obscene mat erial, as provided
for in Section 1040.13 of this title,
i. soliciting sexual conduct or communication with a
minor by use of technology, as provided for in Section
1043.13a of this title,
j. offering or transporting a child for purposes of
prostitution, as provided for in Section 1087 of this
title, and
k. child prostitution, as provided for in Section 1088 of
this title;
5. "Enabling child abuse " means the causing, procuring or
permitting of child abuse by a person responsible for a child's
health, safety or welfare;
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6. "Enabling child neglect " means the causing, procuring or
permitting of child neglect by a person responsible for a child's
health, safety or welfare;
7. "Enabling child sexual abuse " means the causing, procuring
or permitting of child se xual abuse by a person responsible for a
child's health, safety or welfare;
8. "Enabling child sexual exploitation " means the causing,
procuring or permitting of child sexual exploitation by a person
responsible for a child's health, safety or welfare;
9. "Incest" means marrying, committing adultery or fornicating
with a child by a person responsible for the health, safety or
welfare of a child;
10. "Lewd act or proposal" means:
a. making any oral, written or electronic or computer -
generated lewd or inde cent proposal to a child for the
child to have unlawful sexual relations or sexual
intercourse with any person,
b. looking upon, touching, mauling or feeling the body or
private parts of a child in a lewd or lascivious
manner or for the purpose of sexual g ratification,
c. asking, inviting, enticing or persuading any child to
go alone with any person to a secluded, remote or
secret place for a lewd or lascivious purpose,
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d. urinating or defecating upon a child or causing,
forcing or requiring a child to defe cate or urinate
upon the body or private parts of another person for
the purpose of sexual gratification,
e. ejaculating upon or in the presence of a child,
f. causing, exposing, forcing or requiring a child to
look upon the body or private parts of anothe r person
for the purpose of sexual gratification,
g. causing, forcing or requiring any child to view any
obscene materials, child pornography or materials
deemed harmful to minors as such terms are defined in
Sections 1024.1 and 1040.75 of this title,
h. causing, exposing, forcing or requiring a child to
look upon sexual acts performed in the presence of the
child for the purpose of sexual gratification, or
i. causing, forcing or requiring a child to touch or feel
the body or private parts of the child or a nother
person for the purpose of sexual gratification;
11. "Permit" means to authorize or allow for the care of a
child by an individual when the person authorizing or allowing such
care knows or reasonably should know that the child will be placed
at risk of the conduct or harm proscribed by this section ;
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12. "Person responsible for a child 's health, safety or
welfare" for purposes of this section shall include, but not be
limited to:
a. the parent of the child,
b. the legal guardian of the child,
c. the custodian of the child,
d. the foster parent of the child,
e. a person eighteen (18) years of age or older with whom
the parent of the child cohabitates, who is at least
three (3) years older than the child ,
f. any other person eighteen (18) years of age or older
residing in the home of the child who is at least
three (3) years older than the child,
g. an owner, operator, agent, employ ee or volunteer of a
public or private residential home, institution,
facility or day treatment program, as defined in
Section 175.20 of Title 10 of the Oklahoma Statutes,
that the child attended ,
h. an owner, operator, agent, employee or volunteer of a
child care facility, as defined in Section 402 of
Title 10 of the Oklahoma St atutes, that the child
attended,
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i. an intimate partner of the parent of the child, as
defined in Section 60.1 of Title 22 of the Oklahoma
Statutes, or
j. a person who has voluntarily accepted responsibility
for the care or supervision of a child;
13. "Sexual intercourse" means the actual penetration, however
slight, of the vagina or anus by the penis ; and
14. "Sodomy" means:
a. penetration, however slight, of the mouth of the child
by a penis,
b. penetration, however slight, of the vagina of a person
responsible for a child's health, safety or welfare,
by the mouth of a child,
c. penetration, however slight, of the mouth o f the
person responsible for a child's health, safety or
welfare by the penis of the child, or
d. penetration, however slight, of the vagina of the
child by the mouth of the person re sponsible for a
child's health, safety or welfare.
SECTION 2. AMENDATORY 21 O.S. 2011, Section 888, as last
amended by Section 2, Chapter 167, O.S.L. 2018 (21 O.S. Supp. 2020,
Section 888), is amended to read as follows:
Section 888. A. Any person who forces another person to engage
in the detestable and abominable crime against nature, pursuant to
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Section 886 of this title, upon conviction, is guilty of a felony
punishable by imprisonment in the custody of the Department of
Corrections for a period of not more than twenty (20) years. 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 po st-
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. Any
person convicted of a second violation of this section, where the
victim of the second offense is a person under sixteen (16) years of
age, shall not be eligible for probation, susp ended or deferred
sentence. Any person convicted of a third or subsequent violation
of this section, where the victim of the third or subsequent offense
is a person under sixteen (16) years of age, shall be punished by
imprisonment in the custody of the D epartment of Corrections 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 subsectio n after having been twice convicted of a
violation of subsection A of Section 1114 of this title, a violation
of Section 1123 of this title or sexual abuse of a child pursuant to
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Section 843.5 of this title, or of any attempt to commit any of
these offenses or any combination of the offenses, shall be punished
by imprisonment in the custody of the Department of Corrections for
a term of life or life without parole.
B. The crime of forcible sodomy shall include:
1. Sodomy committed by a person over eightee n (18) years of age
upon a person under sixteen (16) years of age;
2. Sodomy committed upon a person incapable through mental
illness or any unsoundness of mind of giving legal consent
regardless of the age of the person committing the crime;
3. Sodomy accomplished with any person by means of force,
violence, or threats of force or violence accompanied by apparent
power of execution regardless of the age of the victim or the person
committing the crime;
4. Sodomy committed by a state, county, municipal o r 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, or the subcontractor or
employee of a subcontractor of the contractor of the state or
federal government, a county, a municipality or a political
subdivision of this state;
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5. Sodomy committed upo n a person who is at least sixteen (16)
years of age but less than twenty (20) years of age and is a student
of any public or private secondary school, junior high or high
school, or public vocational school, with a person who is eighteen
(18) years of age or older and is employed by the same school
system;
6. Sodomy committed upon a person who is at the time
unconscious of the nature of the act, and this fact should be known
to the accused; or
7. Sodomy committed upon a person where the person is
intoxicated by a narcotic or anesthetic agent administered by or
with the privity of the accused as a means of forcing the person to
submit; or
8. Sodomy committed upon a person who is at least sixteen (16)
years of age but less than eighteen (18) years of age b y a person
responsible for the child 's health, safety or welfare. "Person
responsible for a child 's health, safety or welfare " shall include,
but not be limited to:
a. a parent,
b. a legal guardian,
c. custodian,
d. a foster parent,
e. a person eighteen (18) years of age or older with whom
the child's parent cohabitates,
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f. any other adult residing in the home of the child,
g. an agent or employee of a public or private
residential home, institution, facility or day
treatment program as defined in Section 175.20 of
Title 10 of the Oklahoma Statutes, or
h. an owner, operator or employee of a child care
facility, as defined by Section 402 of Title 10 of the
Oklahoma Statutes.
SECTION 3. AMENDATORY 21 O.S. 2011, Section 1111, as
last amended by Section 3, Chapter 167, O.S.L. 2018 (21 O.S. Supp.
2020, Section 1111), is amended to read as follows:
Section 1111. A. Rape is an act of sexual intercourse
involving vaginal or anal penetration accomplished with a male or
female who is not th e spouse of the perpetrator and who may be of
the same or the opposite sex as the perpetrator under any of the
following circumstances:
1. Where the victim is under sixteen (16) years of age;
2. Where the victim is incapable through mental illness or any
other unsoundness of mind, whether temporary or permanent, of giving
legal consent;
3. Where force or violence is used or threatened, accompanied
by apparent power of execution to the victim or to another person;
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4. Where the victim is intoxicated by a narcotic or anesthetic
agent, administered by or with the privity of the accused as a means
of forcing the victim to submit;
5. Where the victim is at the time unconscious of the nature of
the act and this fact is known to the accused;
6. Where the victim submits to sexual intercourse under the
belief that the person committing the act is a spouse, and this
belief is induced by artifice, pretense, or concealment practiced by
the accused or by the accused in collusion with the spouse with
intent to induce that belief. In all cases of collusion between the
accused and the spouse to accomplish such act, both the spouse and
the accused, upon conviction, shall be deemed guilty of rape;
7. Where the victim is under the legal custody or supervision
of a state agency, a federal agency, a county, a municipality or a
political subdivision and engages in sexual intercourse with a
state, federal, county, municipal or political subdivision employee
or an employee of a contractor of the state, the federal government,
a county, a municipality or a political subdivision that exercises
authority over the victim, or the subcontractor or employee of a
subcontractor of the contractor of the state or federal government,
a county, a municipality or a political subdivision that exercises
authority over the victim;
8. Where the victim is at least sixteen (16) years of age and
is less than twenty (20) years of age and is a student, or under the
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legal custody or supervision of any public or private elementary or
secondary school, junior high or high school, or public vocational
school, and engages in sexual intercourse with a person who is
eighteen (18) years of age or older and is an employee of the same
school system; or
9. Where the victim is nineteen (19) years of age or younge r
and is in the legal custody of a state agency, federal agency or
tribal court and engages in sexual intercourse with a foster parent
or foster parent applicant ; or
10. Where the victim is at least sixteen (16) years of age but
less than eighteen (18) ye ars of age and the perpetrator of the
crime is a person responsible for the child 's health, safety or
welfare. "Person responsible for a child 's health, safety or
welfare" shall include, but not be limited to:
a. a parent,
b. a legal guardian,
c. custodian,
d. a foster parent,
e. a person eighteen (18) years of age or older with whom
the child's parent cohabitates,
f. any other adult residing in the home of the child,
g. an agent or employee of a public or private
residential home, institution, facility or day
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treatment program as defined in Section 175.20 of
Title 10 of the Oklahoma Statutes, or
h. an owner, operator or employee of a child care
facility, as defined by Section 402 of Title 10 of the
Oklahoma Statutes.
B. Rape is an act of sexual intercours e accomplished with a
male or female who is the spouse of the perpetrator if force or
violence is used or threatened, accompanied by apparent power of
execution to the victim or to another person.
SECTION 4. AMENDATORY 21 O.S. 201 1, Section 1123, as
last amended by Section 4, Chapter 167, O.S.L. 2018 (21 O.S. Supp.
2020, Section 1123), is amended to read as follows:
Section 1123. A. It is a felony for any person to knowingly
and intentionally:
1. Make any oral, written or electr onically 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 intercou rse 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
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3. Ask, invite, enti ce, 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 p urpose 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, or force or require a child to defecate
or urinate upon the body or private parts of another,
or for the purpose of sexual gratification,
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 part s 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
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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 the child or another person.
Any person convicted of any violation of this subsection shall
be punished by imprisonment in the custody of the Department of
Corrections for not less than three (3) years nor more than twenty
(20) years, except when the chi ld is under twelve (12) years of age
at the time the offense is committed, and in such case the person
shall, upon conviction, be punished by imprisonment in the custody
of the Department of Corrections for not less than twenty -five (25)
years. The provisions of this subsection shall not apply unless the
accused is at least three (3) years older than the victim, except
when accomplished by the use of force or fear. Except as provided
in Section 51.1a of this title, any person convicted of a second or
subsequent violation of this subsection shall be guilty of a felony
punishable as provided in this subsection and shall not be eligible
for probation, suspended or deferred sentence. Except as provided
in Section 51.1a of this title, any person convicted of a third or
subsequent violation of this subsection shall be guilty of a felony
punishable by imprisonment in the custody of the Department of
Corrections for a term of life or life without parole, in the
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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, sex ual abuse of a child
pursuant to Section 843.5 of this title, 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 custody of
the Department of Corrections f or 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:
1. Without the consent of that person;
2. 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, or the subcontractor or
employee of a subcontractor of the contractor of the state or
federal government, a county, a municipality or a political
subdivision of this state;
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3. When committed upon a person who is at least sixteen (16)
years of age and is less than twenty (20) years of age and is a
student, or in the legal cust ody or supervision of any public or
private elementary or secondary school, or technology center school,
by a person who is eighteen (18) years of age or older and is an
employee of the same school system that the victim attends; or
4. When committed upon a person who is nineteen (19) years of
age or younger and is in the legal custody of a state agency,
federal agency or a tribal court, by a foster parent or foster
parent applicant.
As used in this subsection, "employee of the same school system "
means a teacher, principal or other duly appointed person employed
by a school system or an employee of a firm contracting with a
school system who exercises authority over the victim.
C. No person shall in any manner lewdly or lasciviously:
1. Look upon, touch, maul, or feel the body or private parts of
any human corpse in any indecent manner relating to sexual matters
or sexual interest; or
2. Urinate, defecate or ejaculate upon any human corpse.
D. Any person convicted of a violation of subsection B or C of
this section shall be deemed guilty of a felony and shall be
punished by imprisonment in the custody of the Department of
Corrections for not more than ten (10) years.
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E. 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.
F. 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 section 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 Dep artment of Corrections. The
jury shall be advised that the mandatory post -imprisonment
supervision shall be in addition to the actual imprisonment.
G. Any parent or person responsible for the child 's health,
safety or welfare who violates subsection A, B or C of this section
when the victim is at least sixteen (16) years of age but less than
eighteen (18) years of age, upon conviction, shall be guilty of a
felony and shall be punished by imprisonment in the custody of the
Department of Corrections for not more than ten (10) years. For
purposes of this section, "person responsible for a child 's health,
safety or welfare" shall include, but not be limited to:
a. a parent,
b. a legal guardian,
c. custodian,
d. a foster parent,
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e. a person eighteen (18) years of age or older with whom
the child's parent cohabitates,
f. any other adult residing in the home of the child,
g. an agent or employee of a public or private
residential home, institution, facility or day
treatment program as defined in Section 175.20 of
Title 10 of the Oklahoma Statutes, or
h. an owner, operator or employee of a child care
facility, as defined by Section 402 of Title 10 of the
Oklahoma Statutes.
SECTION 5. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
02/24/2021 - DO PASS, As Coauthored.