{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1123v3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1123v3","heading":"Lewd or indecent proposals or acts as to child under 16","body":"or person believed to be under 16 – Sexual battery.\n\nA. It is a Class A3 felony offense for any person to knowingly\n\nand intentionally:\n\n1. Make any oral, written or electronically or computer-\n\ngenerated lewd or indecent proposal to any child under sixteen (16)\n\nyears of age, or other individual the person believes to be a child\n\nunder sixteen (16) years of age, for the child to have unlawful\n\nsexual relations or sexual intercourse with any person;\n\n2. Look upon, touch, maul, or feel the body or private parts of\n\nany child under sixteen (16) years of age in any lewd or lascivious\n\nmanner by any acts against public decency and morality, as defined\n\nby law;\n\n3. Ask, invite, entice, or persuade any child under sixteen\n\n(16) years of age, or other individual the person believes to be a\n\nchild under sixteen (16) years of age, to go alone with any person\n\nto a secluded, remote, or secret place, with the unlawful and\n\nwillful intent and purpose then and there to commit any crime\n\nagainst public decency and morality, as defined by law, with the\n\nchild;\n\n4. In any manner lewdly or lasciviously look upon, touch, maul,\n\nor feel the body or private parts of any child under sixteen (16)\n\nyears of age in any indecent manner or in any manner relating to\n\nsexual matters or sexual interest; or\n\n5. In a lewd and lascivious manner and for the purpose of\n\nsexual gratification:\n\na. urinate or defecate upon a child under sixteen (16)\n\nyears of age, or force or require a child to defecate\n\nor urinate upon the body or private parts of another,\n\nor for the purpose of sexual gratification,\n\nb. ejaculate upon or in the presence of a child,\n\nc. cause, expose, force or require a child to look upon\n\nthe body or private parts of another person,\n\nd. force or require any child under sixteen (16) years of\n\nage or other individual the person believes to be a\n\nchild under sixteen (16) years of age, to view any\n\nobscene materials, child sexual abuse material or\n\nmaterials deemed harmful to minors as such terms are\n\ndefined by Sections 1024.1 and 1040.75 of this title,\n\ne. cause, expose, force or require a child to look upon\n\nsexual acts performed in the presence of the child, or\n\nf. force or require a child to touch or feel the body or\n\nprivate parts of the child or another person.\n\nAny person convicted of any violation of this subsection shall\n\nbe punished by imprisonment in the custody of the Department of\n\nCorrections for not less than three (3) years nor more than twenty\n\n(20) years, except when the child is under twelve (12) years of age\n\nat the time the offense is committed, and in such case the person\n\nshall, upon conviction, be punished by imprisonment in the custody\n\nof the Department of Corrections for not less than twenty-five (25)\n\nyears. The provisions of this subsection shall not apply unless the\n\naccused is at least three (3) years older than the victim, except\n\nwhen accomplished by the use of force or fear. Except as provided\n\nin Section 51.1a of this title, any person convicted of a second or\n\nsubsequent violation of this subsection shall be guilty of a felony\n\npunishable as provided in this subsection and shall not be eligible\n\nfor probation, suspended or deferred sentence. Except as provided\n\nin Section 51.1a of this title, any person convicted of a third or\n\nsubsequent violation of this subsection shall be guilty of a felony\n\npunishable by imprisonment in the custody of the Department of\n\nCorrections for a term of life or life without parole, in the\n\ndiscretion of the jury, or in case the jury fails or refuses to fix\n\npunishment then the same shall be pronounced by the court. Any\n\nperson convicted of a violation of this subsection after having been\n\ntwice convicted of a violation of subsection A of Section 1114 of\n\nthis title, Section 888 of this title, sexual abuse of a child\nof\n\nCorrections for a term of life or life without parole, in the\n\ndiscretion of the jury, or in case the jury fails or refuses to fix\n\npunishment then the same shall be pronounced by the court. Any\n\nperson convicted of a violation of this subsection after having been\n\ntwice convicted of a violation of subsection A of Section 1114 of\n\nthis title, Section 888 of this title, sexual abuse of a child\n\npursuant to Section 843.5 of this title, or of any attempt to commit\n\nany of these offenses or any combination of convictions pursuant to\n\nthese sections shall be punished by imprisonment in the custody of\n\nthe Department of Corrections for a term of life or life without\n\nparole.\n\nB. No person shall commit sexual battery on any other person.\n\n\"Sexual battery\" shall mean the intentional touching, mauling or\n\nfeeling of the body or private parts of any person sixteen (16)\n\nyears of age or older, in a lewd and lascivious manner:\n\n1. Without the consent of that person;\n\n2. When committed by a state, county, municipal or political\n\nsubdivision employee or a contractor or an employee of a contractor\n\nof the state, a county, a municipality or political subdivision of\n\nthis state upon a person who is under the legal custody, supervision\n\nor authority of a state agency, a county, a municipality or a\n\npolitical subdivision of this state, or the subcontractor or\n\nemployee of a subcontractor of the contractor of the state or\n\nfederal government, a county, a municipality or a political\n\nsubdivision of this state;\n\n3. When committed upon a person who is at least sixteen (16)\n\nyears of age and is less than twenty (20) years of age and is a\n\nstudent, or in the legal custody or supervision of any public or\n\nprivate elementary or secondary school, or technology center school,\n\nby a person who is eighteen (18) years of age or older and is an\n\nemployee of a school system;\n\n4. When committed upon a person who is nineteen (19) years of\n\nage or younger and is in the legal custody of a state agency,\n\nfederal agency or a tribal court, by a foster parent or foster\n\nparent applicant; or\n\n5. When the victim is a student at a secondary school, is\n\nconcurrently enrolled at an institution of higher education, and\n\nengages in acts pursuant to this subsection with a perpetrator who\n\nis an employee of the institution of higher education of which the\n\nstudent is enrolled.\n\nAs used in this subsection, \"employee of an institution of\n\nhigher education\" means faculty, adjunct faculty, instructors,\n\nvolunteers, or an employee of a business contracting with an\n\ninstitution of higher education who may exercise, at any time,\n\ninstitutional authority over the victim. Employee of an institution\n\nof higher education shall not include an enrolled student who is not\n\nmore than three (3) years of age or older than the concurrently\n\nenrolled student and who is employed or volunteering, in any\n\ncapacity, for the institution of higher education.\n\nAs used in this subsection, \"employee of a school system\" means\n\na teacher, principal or other duly appointed person employed by a\n\nschool system or an employee of a firm contracting with a school\n\nsystem.\n\nC. No person shall in any manner lewdly or lasciviously:\n\n1. Look upon, touch, maul, or feel the body or private parts of\n\nany human corpse in any indecent manner relating to sexual matters\n\nor sexual interest; or\n\n2. Urinate, defecate or ejaculate upon any human corpse.\n\nD. Any person convicted of a violation of subsection B or C of\n\nthis section shall be deemed guilty of a Class B4 felony offense and\n\nshall be punished by imprisonment in the custody of the Department\n\nof Corrections for not more than ten (10) years.\n\nE. The fact that an undercover operative or law enforcement\n\nofficer was involved in the detection and investigation of an\n\noffense pursuant to this section shall not constitute a defense to a\n\nprosecution under this section.\nshall be deemed guilty of a Class B4 felony offense and\n\nshall be punished by imprisonment in the custody of the Department\n\nof Corrections for not more than ten (10) years.\n\nE. The fact that an undercover operative or law enforcement\n\nofficer was involved in the detection and investigation of an\n\noffense pursuant to this section shall not constitute a defense to a\n\nprosecution under this section.\n\nF. Except for persons sentenced to life or life without parole,\n\nany person sentenced to imprisonment for two (2) years or more for a\n\nviolation of this section shall be required to serve a term of post-\n\nimprisonment supervision pursuant to subparagraph f of paragraph 1\n\nof subsection A of Section 991a of Title 22 of the Oklahoma Statutes\n\nunder conditions determined by the Department of Corrections. The\n\njury shall be advised that the mandatory post-imprisonment\n\nsupervision shall be in addition to the actual imprisonment.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a39752932267ea7c0f764c76567516166395ff11f1f1535a9d0a4262578befca","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1123v2","next":"us-ok/okla.-stat.-tit.-21-21-1125"},"notice":"GroundRules: Original legal text. Not legal advice."}