Chronilogical age of Consent & Statutory Rape Law in Oklahoma

A frequently asked question on the internet is something such as, “I’m X years of age. May I have sexual intercourse with a person who is Y years ” that is old. The solution to this relevant concern requires a review of 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 a 16-year-old to possess intercourse with anybody over the age of them. Intercourse between individuals who are 15-17 yrs old is usually legal. Many different exceptions make that intercourse illegal.

Statutory Rape in Oklahoma

21 O.S. § 1111 states that rape takes place when the target is fifteen years old or more youthful. But, 21 O.S. § 1112 states that any particular one can’t be convicted of rape as soon as the sex that is consensual with some body over 14 unless the individual had been 18 years or older. 21 O.S. § 1111 also states that the sex that is following additionally illegal:

  • Where in fact the target is underneath the custody that is legal 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 a governmental subdivision that workouts authority on the target. Translation: No intercourse by federal government workers with a person who is beneath the custody of a government agency if that agency the employee works for exercises authority within the victim.
  • In which the target are at minimum 16 yrs old and it is not as much as two decades old and it is a student, or beneath the appropriate custody or guidance of any general public or private primary or secondary college, junior high or senior school, or general general general public vocational college, and partcipates in sexual activity with an individual who is 18 years old or older and is a member of staff associated with exact same college system. Interpretation: a college worker that is 18 or older can’t have intercourse having a pupil for the reason that school that is same that is more youthful than 20.
  • In which the target is 19 yrs. Old or more youthful and it is when you look at the appropriate custody of a situation agency, federal agency or tribal court and partcipates in sexual activity by having a foster parent or foster parent applicant. Interpretation: Foster parents can’t have sexual intercourse using their foster kiddies in the event that child that is foster 19 or more youthful.
  • Where in fact the target are at minimum 16 years old but lower than 18 yrs old together with perpetrator associated with the crime is an individual in charge of the child’s wellness, welfare or safety. “Person accountable for a child’s health, safety or welfare” includes it is not restricted to:
    • A moms and dad,
    • A appropriate guardian,
    • Custodian,
    • A foster moms and dad,
    • Someone 18 yrs old or older with whom the child’s moms and dad cohabitates,
    • Any other adult residing in the true house associated with youngster,
    • A realtor or worker of the general general public or private home that is residential organization, center or day treatment plan, or
    • An owner, operator or worker of the youngster care center.

Incest in Oklahoma

Per 21 O.S. § 885, incest is unlawful. 43 O.S. § 2 outlines the parameters of who it might be illegal to possess intercourse with. Sex 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 relationship that is such just by wedding,
  • Aunts and nephews, except in instances where such relationship is just by marriage,
  • Friends and family of this half plus the blood that is whole and
  • Very very first cousins.

Are you faced with rape or incest in Oklahoma? Phone Oklahoma intercourse crimes lawyer Frank Urbanic in OKC for a totally free assessment at 405-633-3420.