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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1995 By: Turner of the House
and
Hamilton of the Senate
COMMITTEE SUBSTITUTE
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section s 1111, as last amended by
Section 8, Chapter 452, O.S.L. 2024 , and 1123, as
last amended by Section 33, Chapter 59, O.S.L. 2024
(21 O.S. Supp. 2024, Section s 1111 and 1123), which
relate to definitions of sex crimes; designating
school resource officers as employees of a school
system; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1111, as
last amended by Section 8, Chapter 452, O.S.L. 2024 (21 O.S. Supp.
2024, 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 within or without the bonds of matrimony who may be of the
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same or the opposite sex as t he 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 ill ness 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;
4. Where the victim is intoxi cated by a narcotic or anesthetic
agent, administered by or with the privity of the accuse d 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 a ccomplish 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 an d engages in sexual intercourse with a
state, federal, county, municipal or political subdivision employee
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or an employee of a contractor of the state, the federal go vernment,
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 subdiv ision 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
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 i ntercourse with a person who is
eighteen (18) years of age or older and is an employee of a school
system. For purposes of this section , "employee of a school system "
shall include employed and contracted school resource officers and
security guards;
9. Where the victim is nineteen (19) years of age or younger
and is in the legal custody of a state agency, federal agency or
tribal court and engages in sexual intercou rse with a foster parent
or foster parent applicant; or
10. Where the victim is a student at a secondary school, is
concurrently enrolled at an institution of higher education, and
engages in acts pursuant to this subsection with a perpetrator who
is an employee of the institution of higher education of which the
victim is enrolled.
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B. "Employee of an institution of higher education ", for
purposes of this section, means faculty, adjunct faculty,
instructors, volunteers, or an employee of a business contra cting
with an institution of higher education who may exercise, at any
time, institutional authority over the victim. Employee of an
institution of higher education shall not include an enrolled
student who is not more than three (3) years of age or older than
the concurrently enrolled student and who is employed or
volunteering, in any capaci ty, for the institution of higher
education.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1123, as
last amended by Section 33, Chapter 59, O. S.L. 2024 (21 O.S. Supp.
2024, 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 electronically or computer -
generated lewd or indecent proposal to an y child under sixteen (16)
years of age, or other individual the person believes to be a c hild
under sixteen (16) years of age, for the child to have unlawful
sexual relations or sexual intercourse with any person;
2. Look upon, touch, maul, or feel the b ody or private parts of
any child under sixteen (16) years of age in any lewd or lasciviou s
manner by any acts against public decency and morality, as defined
by law;
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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;
4. In any manner lewdly or lasciviously loo k 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 presen ce 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) y ears of
age or other individual the person believes to be a
child under sixteen (16) years of age, to view any
obscene materials, child sexual abuse material or
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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 the child or another person.
Any person convicted of any vi olation of this subsection shall
be punished by imprisonment in the custody of the Departm ent of
Corrections for not less than three (3) years nor more than twenty
(20) years, except when the child 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 imprisonm ent 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 fo rce 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 felo ny
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 gu ilty 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 b y 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 843.5 of this title, or of any attempt to commit
any of these offenses or any combination of convictions pursu ant to
these sections shall be punished by imprisonment in the custody of
the Department of Corrections 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 t ouching, 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 leg al 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 s ixteen (16)
years of age and is less than twenty (20) years of age and is a
student, or in the legal custody or supervision of any public or
private elementary or sec ondary school, or technology center school,
by a person who is eighteen (18) years of age or older and is an
employee of a school system;
4. When committed upon a person who is nineteen (19) years of
age or younger and is in the legal custody of a state a gency,
federal agency or a tribal court, by a foster parent or foster
parent applicant; or
5. When the victim is a student at a secondary school, is
concurrently enrolled at an institution of higher education, and
engages in acts pursuant to this subsecti on with a perpetrator who
is an employee of the institution of higher education of which t he
student is enrolled.
As used in this subsection, "employee of an institution of
higher education" means faculty, adjunct faculty, instructors,
volunteers, or an em ployee of a business contracting with an
institution of higher education who may exercise, at any time,
institutional authority over the victim. Employee of an institution
of higher education shall not include an enrolled student who is not
more than three (3) years of age or older than the concurrently
enrolled student and who is employed or volunteering, in any
capacity, for the institution of higher education.
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As used in this subsection, "employee of a school system" means
a teacher, principal or other duly appointed person employed by a
school system or an employee of a firm contracting wit h a school
system, including a school resource officer and security guard .
C. No person shall in any manner lewdly or lasciviously:
1. Look upon, touch, maul, or fe el 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 o f the Department of
Corrections for not more than ten (10) years.
E. The fact that an undercover operative or law enforcement
officer was involved in the detection a nd 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 supervi sion 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 C orrections. The
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jury shall be advised that the mandatory post -imprisonment
supervision shall be in addition to the actual imprisonment.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION OVERSIGHT, dated
02/26/2025 - DO PASS, As Amended and Coauthor ed.