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SENATE FLOOR VERSION
April 4, 2023
AS AMENDED
ENGROSSED HOUSE
BILL NO. 1540 By: Moore of the House
and
Garvin of the Senate
[ crimes and punishments - child abuse and related
criminal penalties - scope - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 843.5, is
amended to read as follows:
Section 843.5 A. Any person who shall willfully or maliciously
engage in child abuse , as defined in this section, shall, upon
conviction, be guilty of a fe lony punishable by imprisonmen t in the
custody of the Department of Corrections not exceed ing life
imprisonment, or by imprisonment in a county jail not exceeding one
(1) year, or by a fine of no t less than Five Hundred Dollars
($500.00) nor more than Five Thousand Dollars ($5,000.00), or both
such fine and imprisonment.
B. Any person responsible for the health, safety or w elfare of
a child who shall willfully or maliciously engage in enabling ch ild
abuse, as defined in this section, shall, upon convicti on, be
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punished by imprisonment in the custody of the Department of
Corrections not exceedin g 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.
C. Any person responsible for the health, safety or w elfare of
a child who shall willfully or maliciously engage in child neglect ,
as defined in this section, shall, upon conviction, be p unished by
imprisonment in the cus tody 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 Thousan d Dollars ($5,000.00),
or both such fine and imprisonment.
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
Corrections not exceeding life imprisonment , or by imprisonment in a
county jail not exceeding one (1) y ear, 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 .
E. Any person responsible for the health, sa fety or welfare of
a child who shall willfully or maliciousl y engage in child sexu al
abuse, as defined in this section, shall, upon conviction, be
punished by imprisonment in the custody of the Department of
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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 fo r 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 thi s subsection shall be required to serve a
term of post-imprisonment supervision pu rsuant 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.
F. Any 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 Department of Corr ections 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 mor e than
Five Thousand Dollars ($5,000.00).
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G. Any parent or other person who shall willfully or
maliciously engage in enabling child sexual abuse shall, upo n
conviction, be punished by imprisonmen t in the custody of the
Department of 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.
H. Any 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 cus tody 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 th an
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 tw elve (12) years of age. Except for persons
sentenced to life or life without parole, any person sentence d to
imprisonment for two (2) years or more for a violation of this
subsection shall be req uired 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
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shall be advised that the mandatory post-imprisonment supervision
shall be in addition to the actual imprisonment.
I. Any 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 sh all, upon conviction, be punished
by imprisonment in the cus tody 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 Hund red Dollars
($500.00) nor more than Five Tho usand Dollars ($5,000.00).
J. Any 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 imprisonm ent in the custody of the
Department of Corrections not exce eding 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) no r more than
Five Thousand Dollars ($5,000.00 ), or both such fine and
imprisonment.
K. Notwithstanding any other provision of law, any person
convicted of forcible anal or oral sodomy, rape, rape by
instrumentation, or lewd molestation of a child under f ourteen (14)
years of age subsequent to a prev ious conviction for any offense of
forcible anal or oral sod omy, rape, rape by instrumentation, or lewd
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molestation of a child under fourteen (14) years of age shall be
punished by death or by imprisonment for life without parole.
L. Provided, however, th at nothing contained in this section
shall prohibit any pare nt or guardian from using reasonable and
ordinary force pursuant to Section 844 of this title.
M. Consent shall not be a defense for any violation pr ovided
for in this section.
N. Notwithstanding the age requirements of other statutes
referenced within this section, this section shall apply to any
child under eighteen (18) years of age.
O. 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 threatened 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 responsibl e for
a child's health, safety or welfare;
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3. "Child sexual abuse" means the willful or malicious sexual
abuse of a child under eighteen (18) years of age by a pers on
responsible for a child's health, safety or welfare and includes,
but is not limited to:
a. sexual intercourse,
b. penetration of the vagina 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 eighteen (18) years of age by
another and includes, but is not limited to :
a. human trafficking, as provided for in Se ction 748 of
this title, if the offense involv ed 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,
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d. purchase, procurement or possession of child
pornography, as provided for in Section 1024.2 of this
title,
e. engaging in or soliciting prostitution, a s 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 material, 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 1040.13a of this title,
j. offering or transporting a child fo r purposes of
prostitution, as provided for in Section 1087 of this
title, and or
k. child prostitution, as provided for in Section 1088 of
this title;
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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 causing, procuring, or permitting:
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, or
b. the act of willfully or maliciously injuring,
torturing, or maiming a child under eighteen (18)
years of age by any person ;
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 causing, procuring, or permitting child
neglect as defined by Section 1-1-105 of Title 10A of the Oklahoma
Statutes;
7. "Enabling child sexual abuse" means the causing, procuring
or permitting of child sexual abuse by a person responsible for a
child's health, safety, or welfare causing, procuring, or permitting
child sexual abuse as defined by Section 1-1-105 of Title 10A of the
Oklahoma Statutes;
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;
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9. "Incest" means marrying, committing adultery or fornicating
sexual intercourse or penetration of the vagina or anus, however
slight, by an inanima te object or any part of the human body not
amounting to sexual intercourse with a child by a person responsible
for the health, safety or welfare of a child who is within the
degrees of consanguinity within which marriages are by the laws of
this state declared incestuous and void;
10. "Lewd act or proposal" means:
a. making any oral, written or electronic or computer-
generated lewd or indecent 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 gratification,
c. asking, inviting, en ticing or persuading any child to
go alone with any person to a secluded, remote or
secret place for a lewd or lascivious purpose,
d. urinating or defecating upon a child or causing,
forcing or requiring a child to defecate or urinate
upon the body or priv ate parts of another person for
the purpose of sexual gratif ication,
e. ejaculating upon or in the presence of a child,
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f. causing, exposing, forci ng or requiring a child to
look upon the body or private parts of another person
for the purpose of sexual gr atification,
g. causing, forcing or requiring any child to v iew 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 requirin g 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 tou ch or feel
the body or private parts of the child or another
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 su ch
care knows or reasonably should know that the child will be placed
at risk of the conduct or harm proscribed b y this section;
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,
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e. a person eighteen (18) years of ag e 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, employee 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 Oklaho ma 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 Okla homa Statutes, that the child
attended,
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 anu s by the penis; and
14. "Sodomy" means:
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a. penetration, however slight, of the mouth of the child
by a penis,
b. penetration, however slight, of the vagina of a per son
responsible for a child's health, safety or welfare,
by the mouth of a child,
c. penetration, however slight, of the mouth of the
person responsible for a child's health, safety or
welfare by the penis of the child , or
d. penetration, however slight, o f the vagina of the
child by the mouth of the person responsible for a
child's health, safety or welfare.
SECTION 2. This act shall be come effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 4, 2023 - DO PASS AS AMENDED