As a society, we strive to take care of our children. We want to protect them and so Oklahoma has a number of laws that strive to do just that. One of these laws prohibits making a lewd or indecent proposal to a child in Muskogee. For the purposes of this law, a child is under the age of 16. If you or a loved one are facing charges, you will want to speak to a Muskogee attorney right away.
What Constitutes Making A Lewd Or Indecent Proposal To A Child In Muskogee?
Oklahoma law defines the crime as knowingly and intentionally engaging in any sort of lewd or indecent act with a child or making any sort of oral, written, electronically, or computer-generated lewd or indecent proposal to a child under the age of 16 or is believed to be under the age of 16. Okla. Stat. tit. 21 § 1123
The crime is a felony in Muskogee.
The law prohibits both sexual communications and acts. This includes asking, inviting, enticing, or persuading a child to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose to commit any crime against public decency and morality with the child.
The prohibition against making a lewd or indecent proposal to a child encompasses all types of communications, whether those communications occur in person or by cell phone or some other electronic platform such as Snapchat. You cannot engage in “sexting” or sending lewd or suggestive photographs.
To be actionable, the “adult” must be at least three years older than the victim.
This statute doesn’t prevent teens from sending suggestive communications between themselves. However, it prohibits adults from lewd communications with children.
Also, it is important to know that it doesn’t matter who starts the communication. What matters is what the adult says and does.
Let’s say the victim is 15 years of age and makes overtures to an adult in her life. Even if that teen starts the conversation, it is incumbent on the adult not to respond in any sexual way to the conversation.
Penalties For Lewd Or Indecent Proposal To A Child
You could spend 3 to 20 years in prison if you propositioned a child under 16. You could spend a minimum of 25 years in prison if you propositioned a child under 12. For subsequent convictions, you could spend life in prison without the possibility of parole.
After release from prison, an offender must register with the sex offender registry. Many defendants find this the most difficult part. This interferes with where a defendant may live and work for years after their sentence is completed.
Defenses To Lewd Or Indecent Proposal To A Child
Defenses are often tied to the specific facts of your case. You should talk with your Muskogee attorney as soon as possible regarding the defenses that may be available to you.
The proposition must be made knowingly and intentionally. You either know that the child is under 16 or reasonably believe that to be true and the communication must be intentional. Accidental communications or communications sent in the belief that the child was over the age of 16 can be a defense.
Likewise, a child may be confused or have made a mistake in their identification of the perpetrator. Sometimes, the child has been coerced by an adult into making a false identification. It happens more often that we would like to believe.
Free Consultation: Muskogee Felony Defense Attorney
If you are facing criminal charges of any kind, you need help to build a solid defense. Even small facts can make a big difference. Don’t try to go it alone. Get the help you need when it matters most.
Our experienced attorneys are here to help. We know your freedom is important and will work with you to preserve it. Our attorneys know how to build a strong defense.
Call a Muskogee felony defense attorney today at 918-884-7774 to ask questions or schedule a free, confidential consultation.