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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2210 By: Stark and West (Kevin) of
the House
and
Weaver of the Senate
AS INTRODUCED
An Act relating to juveniles; stating findings of the
Legislature regarding sexually abused children;
defining term; authorizing c ourts to depart from
certain sentencing requirements; providing for
noncodification; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not t o be
codified in the Oklahoma Statutes reads as follows:
The Legislature finds that:
1. In the United States, it is estimated that si xty-three
thousand (63,000) children are sexually abused each year;
2. In the United States, on e in nine girls and one in fifty-
three boys under eighteen (18) years of age experience sexual abuse
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or assault at the hands of an adult, ninety -three percent (93%) of
which is committed by an individual that the child knows;
3. The National Center for Mi ssing and Exploited Childr en has
estimated that approximately one hundred thousand (100,000) children
in the United States are victims of commercial sexual expl oitation
every year;
4. Children who are victims of sexual assault are:
a. four times more like ly to become addicted to d rugs
than a child who was not a victim of sexual assault,
b. four times more likely to experience post-traumatic
stress disorder than a child who was not a victim of
sexual assault, and
c. three times more likely to experience a m ajor
depressive episode than a child who was not a victim
of sexual assault;
5. Child abusers and child traffickers often force their
victims to undergo prolonged stages of grooming, which include:
a. targeting the child,
b. gaining the trust of the child ,
c. filling a need of the ch ild,
d. isolating the child,
e. sexualizing the relationship with the child, and
f. maintaining control over the child;
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6. Children who commit crimes against persons who have
previously sexually abused them or subjected them t o child sex
trafficking should not be subject to lengthy prison sentences, but
instead should be treated as victims and be pr ovided with expanded
treatment and services;
7. Judges should have greater flexibility in cases involving a
child sex trafficking victim or child sex abuse vic tim when the
victim commits a crime against the abuser of the victim so that a
more just solution can be found; and
8. The intent of this act is to prevent future injustices of
child sex trafficking victims or child sex abuse victims receiving
extreme punishments for crimes committed against their abusers.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-5-401 of Title 10A, unless
there is created a duplication in numbering, reads as follo ws:
A. As used in this section, "mandatory minimum" means the
minimum number of years of imprisonment a person is required to
serve based on the felony or misdemeanor offense.
B. If a minor is convicted as an adult for an off ense that the
minor committed when he or she was under eighteen (18) years o f age
and the court finds by clear and convincing evidence that the person
against whom the minor was convicted of committing the offense
trafficked the minor or sexually abused or sexually assaulted the
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minor within one (1) year before the commission of t he offense, the
court may:
1. Depart from the mandatory minimum sentence or sentenc e
enhancement;
2. Suspend any portion of an otherwise applicable sentence; or
3. Transfer the minor to the jurisdiction of the juvenile
division of the district court for further proceedings.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
03/01/2023 - DO PASS, As Coauthored.