Chronilogical age of Consent & Statutory Rape Law in Oklahoma

Chronilogical age of Consent & Statutory Rape Law in Oklahoma

A frequently expected question on line is something such as, “I’m X years of age. Could I have intercourse with somebody who is Y years old?”. The solution to this concern calls for a glance at of Oklahoma’s chronilogical age of permission, incest, and rape laws and regulations.

Age of Consent in Oklahoma

The age of permission in Oklahoma is 16. Consequently, it really is generally speaking appropriate for the 16-year-old to possess intercourse with anybody avove the age of them. Intercourse between folks who are 15-17 yrs old is typically legal. A number of exceptions make that intercourse unlawful.

Statutory Rape in Oklahoma

21 O.S. § 1111 states that rape takes place when the target is 15 years old or more youthful. Nonetheless, 21 O.S. § 1112 states that any particular one can not be convicted of rape whenever consensual intercourse happened with somebody over 14 unless anyone had been 18 years or older. 21 O.S. § 1111 also states that the sex that is following additionally unlawful:

  • Where in fact the target is underneath the legal custody or guidance of a situation agency, a federal agency, a county, a municipality or a governmental subdivision and partcipates in sexual activity with circumstances, federal, county, municipal or governmental subdivision worker or a worker of a specialist of this state, the government, a county, a municipality or even a governmental subdivision that exercises authority on the target. Translation: No intercourse by federal federal federal government workers with a person who is underneath the custody of a government agency if that agency the employee works for workouts authority throughout the target.
  • Where in fact the target has reached minimum 16 years of age and it is not as much as two decades old and it is a pupil, or beneath the appropriate custody or direction of any general general public or private primary or additional school, junior high or senior high school, or general public vocational college, and partcipates in intercourse with an individual who is 18 years old or older and it is a member of staff of the school system that is same. Interpretation: a college worker who’s 18 or older can’t have intercourse having a pupil for the reason that exact same college system that is younger than 20.
  • In which the target is 19 yrs . old or younger and it is when you look at the appropriate custody of circumstances agency, federal agency or tribal court and partcipates in sexual activity by having a foster parent or foster parent applicant. Interpretation: Foster moms and dads can’t have sexual intercourse making use of their foster young ones in the event that foster kid is 19 or more youthful.
  • Where in fact the target are at minimum 16 yrs old but significantly less than 18 years of age plus the perpetrator associated with criminal activity is an individual in charge of the child’s wellness, safety or welfare. “Person accountable for a child’s wellness, safety or welfare” includes it is not restricted to:
    • a moms and dad,
    • a legal guardian,
    • custodian,
    • a foster moms and dad,
    • a person 18 yrs old or older with whom the child’s moms and dad cohabitates,
    • Any other adult residing in the true house associated with the kid,
    • a real estate agent or employee of a public or private home that is residential organization, center or time treatment plan, or
    • an owner, operator or worker of the son or daughter care facility.

Incest in Oklahoma

Per 21 O.S blog. § 885, incest is unlawful. 43 O.S. § 2 outlines the parameters of who it would be unlawful to own intercourse with. Intercourse between individuals of the after connection is unlawful:

  • ancestors and descendants of every level,
  • a stepfather with a stepdaughter,
  • stepmother with stepson,
  • uncles and nieces, except in instances where such relationship is just by marriage,
  • aunts and nephews, except in instances where relationship that is such only by wedding,
  • friends and family of this half along with the blood that is whole and
  • very first cousins.

Are you faced with rape or incest in Oklahoma? Phone Oklahoma sex crimes attorney Frank Urbanic in OKC for a free of charge assessment at 405-633-3420.

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