{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-843.5v3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-843.5v3","heading":"Child abuse - Child neglect - Child sexual abuse -","body":"Child sexual exploitation - Enabling – Penalties.\n\nA. Any person who shall willfully or maliciously engage in\n\nchild abuse, as defined in this section, shall, upon conviction, be\n\nguilty of a Class A3 felony offense punishable by imprisonment in\n\nthe custody of the Department of Corrections not exceeding life\n\nimprisonment, or by imprisonment in a county jail not exceeding one\n\n(1) year, or by a fine of not less than Five Hundred Dollars\n\n($500.00) nor more than Five Thousand Dollars ($5,000.00), or both\n\nsuch fine and imprisonment.\n\nB. Any person responsible for the health, safety or welfare of\n\na child who shall willfully or maliciously engage in enabling child\n\nabuse, as defined in this section, shall, upon conviction, be guilty\n\nof a Class A3 felony offense and shall be punished by imprisonment\n\nin the custody of the Department of Corrections not exceeding life\n\nimprisonment, or by imprisonment in a county jail not exceeding one\n\n(1) year, or by a fine of not less than Five Hundred Dollars\n\n($500.00) nor more than Five Thousand Dollars ($5,000.00), or both\n\nsuch fine and imprisonment.\n\nC. Any person responsible for the health, safety or welfare of\n\na child who shall willfully or maliciously engage in child neglect,\n\nas defined in this section, shall, upon conviction, be guilty of a\n\nClass B1 felony offense and shall be punished by imprisonment in the\n\ncustody of the Department of Corrections not exceeding life\n\nimprisonment, or by imprisonment in a county jail not exceeding one\n\n(1) year, or by a fine of not less than Five Hundred Dollars\n\n($500.00) nor more than Five Thousand Dollars ($5,000.00), or both\n\nsuch fine and imprisonment.\n\nD. Any parent or other person who shall willfully or\n\nmaliciously engage in enabling child neglect shall, upon conviction,\n\nbe guilty of a Class B1 felony offense and shall be punished by\n\nimprisonment in the custody of the Department of Corrections not\n\nexceeding life imprisonment, or by imprisonment in a county jail not\n\nexceeding one (1) year, or by a fine of not less than Five Hundred\n\nDollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),\n\nor both such fine and imprisonment.\n\nE. Any person responsible for the health, safety or welfare of\n\na child who shall willfully or maliciously engage in child sexual\n\nabuse, as defined in this section, shall, upon conviction, be guilty\n\nof a Class A3 felony offense and shall be punished by imprisonment\n\nin the custody of the Department of Corrections not exceeding life\n\nimprisonment, or by imprisonment in a county jail not exceeding one\n\n(1) year, or by a fine of not less than Five Hundred Dollars\n\n($500.00) nor more than Five Thousand Dollars ($5,000.00), or both\n\nsuch fine and imprisonment, except as provided in Section 51.1a of\n\nthis title or as otherwise provided in subsection F of this section\n\nfor a child victim under twelve (12) years of age. Except for\n\npersons sentenced to life or life without parole, any person\n\nsentenced to imprisonment for two (2) years or more for a violation\n\nof this subsection 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.\n\nF. Any person responsible for the health, safety or welfare of\n\na child who shall willfully or maliciously engage in child sexual\n\nabuse, as defined in this section, to a child under twelve (12)\n\nyears of age shall, upon conviction, be guilty of a Class A1 felony\n\noffense and shall be punished by imprisonment in the custody of the\n\nDepartment of Corrections for not less than twenty-five (25) years\n\nnor more than life imprisonment, and by a fine of not less than Five\nd who shall willfully or maliciously engage in child sexual\n\nabuse, as defined in this section, to a child under twelve (12)\n\nyears of age shall, upon conviction, be guilty of a Class A1 felony\n\noffense and shall be punished by imprisonment in the custody of the\n\nDepartment of Corrections for not less than twenty-five (25) years\n\nnor more than life imprisonment, and by a fine of not less than Five\n\nHundred Dollars ($500.00) nor more than Five Thousand Dollars\n\n($5,000.00).\n\nG. Any parent or other person who shall willfully or\n\nmaliciously engage in enabling child sexual abuse shall, upon\n\nconviction, be guilty of a Class A3 felony offense and shall be\n\npunished by imprisonment in the custody of the Department of\n\nCorrections not exceeding life imprisonment, or by imprisonment in a\n\ncounty jail not exceeding one (1) year, or by a fine of not less\n\nthan Five Hundred Dollars ($500.00) nor more than Five Thousand\n\nDollars ($5,000.00), or both such fine and imprisonment.\n\nH. Any person who shall willfully or maliciously engage in\n\nchild sexual exploitation, as defined in this section, shall, upon\n\nconviction, be guilty of a Class A3 felony offense and shall be\n\npunished by imprisonment in the custody of the Department of\n\nCorrections not exceeding life imprisonment, or by imprisonment in a\n\ncounty jail not exceeding one (1) year, or by a fine of not less\n\nthan Five Hundred Dollars ($500.00) nor more than Five Thousand\n\nDollars ($5,000.00), or both such fine and imprisonment, except as\n\nprovided in subsection I of this section for a child victim under\n\ntwelve (12) years of age. Except for persons sentenced to life or\n\nlife without parole, any person sentenced to imprisonment for two\n\n(2) years or more for a violation of this subsection shall be\n\nrequired to serve a term of post-imprisonment supervision pursuant\n\nto subparagraph f of paragraph 1 of subsection A of Section 991a of\n\nTitle 22 of the Oklahoma Statutes under conditions determined by the\n\nDepartment of Corrections. The jury shall be advised that the\n\nmandatory post-imprisonment supervision shall be in addition to the\n\nactual imprisonment.\n\nI. Any person who shall willfully or maliciously engage in\n\nchild sexual exploitation, as defined in this section, of a child\n\nunder twelve (12) years of age shall, upon conviction, be guilty of\n\na Class A1 felony offense and shall be punished by imprisonment in\n\nthe custody of the Department of Corrections for not less than\n\ntwenty-five (25) years nor more than life imprisonment, and by a\n\nfine of not less than Five Hundred Dollars ($500.00) nor more than\n\nFive Thousand Dollars ($5,000.00).\n\nJ. Any person responsible for the health, safety or welfare of\n\na child who shall willfully or maliciously engage in enabling child\n\nsexual exploitation, as defined in this section, shall, upon\n\nconviction, be guilty of a Class A3 felony offense and shall be\n\npunished by imprisonment in the custody of the Department of\n\nCorrections not exceeding life imprisonment, or by imprisonment in a\n\ncounty jail not exceeding one (1) year, or by a fine of not less\n\nthan Five Hundred Dollars ($500.00) nor more than Five Thousand\n\nDollars ($5,000.00), or both such fine and imprisonment.\n\nK. Notwithstanding any other provision of law, any person\n\nconvicted of forcible anal or oral sodomy, rape, rape by\n\ninstrumentation, or lewd molestation of a child under fourteen (14)\n\nyears of age subsequent to a previous conviction for any offense of\n\nforcible anal or oral sodomy, rape, rape by instrumentation, or lewd\n\nmolestation of a child under fourteen (14) years of age shall be\n\nguilty of a Class A1 felony offense and shall be punished by death\n\nor by imprisonment for life without parole.\n\nL. Provided, however, that nothing contained in this section\n\nshall prohibit any parent or guardian from using reasonable and\n\nordinary force pursuant to Section 844 of this title.\nrape, rape by instrumentation, or lewd\n\nmolestation of a child under fourteen (14) years of age shall be\n\nguilty of a Class A1 felony offense and shall be punished by death\n\nor by imprisonment for life without parole.\n\nL. Provided, however, that nothing contained in this section\n\nshall prohibit any parent or guardian from using reasonable and\n\nordinary force pursuant to Section 844 of this title.\n\nM. Consent shall not be a defense for any violation provided\n\nfor in this section.\n\nN. Notwithstanding the age requirements of other statutes\n\nreferenced within this section, this section shall apply to any\n\nchild under eighteen (18) years of age.\n\nO. As used in this section:\n\n1. \"Child abuse\" means:\n\na. the willful or malicious harm or threatened harm or\n\nfailure to protect from harm or threatened harm to the\n\nhealth, safety or welfare of a child under eighteen\n\n(18) years of age by a person responsible for a\n\nchild's health, safety or welfare, or\n\nb. the act of willfully or maliciously injuring,\n\ntorturing or maiming a child under eighteen (18) years\n\nof age by any person;\n\n2. \"Child neglect\" means the willful or malicious neglect, as\n\ndefined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, of\n\na child under eighteen (18) years of age by a person responsible for\n\na child's health, safety or welfare;\n\n3. \"Child sexual abuse\" means the willful or malicious sexual\n\nabuse of a child under eighteen (18) years of age by a person\n\nresponsible for a child's health, safety or welfare and includes,\n\nbut is not limited to:\n\na. sexual intercourse,\n\nb. penetration of the vagina or anus, however slight, by\n\nan inanimate object or any part of the human body not\n\namounting to sexual intercourse,\n\nc. sodomy,\n\nd. incest, or\n\ne. a lewd act or proposal, as defined in this section;\n\n4. \"Child sexual exploitation\" means the willful or malicious\n\nsexual exploitation of a child under eighteen (18) years of age by\n\nanother and includes, but is not limited to:\n\na. human trafficking, as provided for in Section 748 of\n\nthis title, if the offense involved child trafficking\n\nfor commercial sex,\n\nb. trafficking in children, as provided for in Section\n\n866 of this title, if the offense was committed for\n\nthe sexual gratification of any person,\n\nc. procuring or causing the participation of a minor in\n\nchild pornography, as provided for in Section 1021.2\n\nof this title,\n\nd. purchase, procurement or possession of child\n\npornography, as provided for in Section 1024.2 of this\n\ntitle,\n\ne. engaging in or soliciting prostitution, as provided\n\nfor in Section 1029 of this title, if the offense\n\ninvolved child sex trafficking,\n\nf. publication, distribution or participation in the\n\npreparation of obscene material, as provided for in\n\nSection 1040.8 of this title, if the offense involved\n\nchild pornography,\n\ng. aggravated possession of child pornography, as\n\nprovided for in Section 1040.12a of this title,\n\nh. sale or distribution of obscene material, as provided\n\nfor in Section 1040.13 of this title,\n\ni. soliciting sexual conduct or communication with a\n\nminor by use of technology, as provided for in Section\n\n1040.13a of this title,\n\nj. offering or transporting a child for purposes of child\n\nsex trafficking, as provided for in Section 1087 of\n\nthis title, and\n\nk. child sex trafficking, as provided for in Section 1088\n\nof this title;\n\n5. \"Enabling child abuse\" means the causing, procuring or\n\npermitting of child abuse by a person responsible for a child's\n\nhealth, safety or welfare;\n\n6. \"Enabling child neglect\" means the causing, procuring or\n\npermitting of child neglect by a person responsible for a child's\n\nhealth, safety or welfare;\n\n7. \"Enabling child sexual abuse\" means the causing, procuring\n\nor permitting of child sexual abuse by a person responsible for a\n\nchild's health, safety or welfare;\nchild abuse by a person responsible for a child's\n\nhealth, safety or welfare;\n\n6. \"Enabling child neglect\" means the causing, procuring or\n\npermitting of child neglect by a person responsible for a child's\n\nhealth, safety or welfare;\n\n7. \"Enabling child sexual abuse\" means the causing, procuring\n\nor permitting of child sexual abuse by a person responsible for a\n\nchild's health, safety or welfare;\n\n8. \"Enabling child sexual exploitation\" means the causing,\n\nprocuring or permitting of child sexual exploitation by a person\n\nresponsible for a child's health, safety or welfare;\n\n9. \"Incest\" means marrying, committing adultery or fornicating\n\nwith a child by a person responsible for the health, safety or\n\nwelfare of a child;\n\n10. \"Lewd act or proposal\" means:\n\na. making any oral, written or electronic or computer-\n\ngenerated lewd or indecent proposal to a child for the\n\nchild to have unlawful sexual relations or sexual\n\nintercourse with any person,\n\nb. looking upon, touching, mauling or feeling the body or\n\nprivate parts of a child in a lewd or lascivious\n\nmanner or for the purpose of sexual gratification,\n\nc. asking, inviting, enticing or persuading any child to\n\ngo alone with any person to a secluded, remote or\n\nsecret place for a lewd or lascivious purpose,\n\nd. urinating or defecating upon a child or causing,\n\nforcing or requiring a child to defecate or urinate\n\nupon the body or private parts of another person for\n\nthe purpose of sexual gratification,\n\ne. ejaculating upon or in the presence of a child,\n\nf. causing, exposing, forcing or requiring a child to\n\nlook upon the body or private parts of another person\n\nfor the purpose of sexual gratification,\n\ng. causing, forcing or requiring any child to view any\n\nobscene materials, child pornography or materials\n\ndeemed harmful to minors as such terms are defined in\n\nSections 1024.1 and 1040.75 of this title,\n\nh. causing, exposing, forcing or requiring a child to\n\nlook upon sexual acts performed in the presence of the\n\nchild for the purpose of sexual gratification, or\n\ni. causing, forcing or requiring a child to touch or feel\n\nthe body or private parts of the child or another\n\nperson for the purpose of sexual gratification;\n\n11. \"Permit\" means to authorize or allow for the care of a\n\nchild by an individual when the person authorizing or allowing such\n\ncare knows or reasonably should know that the child will be placed\n\nat risk of the conduct or harm proscribed by this section;\n\n12. \"Person responsible for a child's health, safety or\n\nwelfare\" for purposes of this section shall include, but not be\n\nlimited to:\n\na. the parent of the child,\n\nb. the legal guardian of the child,\n\nc. the custodian of the child,\n\nd. the foster parent of the child,\n\ne. a person eighteen (18) years of age or older with whom\n\nthe parent of the child cohabitates, who is at least\n\nthree (3) years older than the child,\n\nf. any other person eighteen (18) years of age or older\n\nresiding in the home of the child, who is at least\n\nthree (3) years older than the child,\n\ng. an owner, operator, agent, employee or volunteer of a\n\npublic or private residential home, institution,\n\nfacility or day treatment program, as defined in\n\nSection 175.20 of Title 10 of the Oklahoma Statutes,\n\nthat the child attended,\n\nh. an owner, operator, agent, employee or volunteer of a\n\nchild care facility, as defined in Section 402 of\n\nTitle 10 of the Oklahoma Statutes, that the child\n\nattended,\n\ni. an intimate partner of the parent of the child, as\n\ndefined in Section 60.1 of Title 22 of the Oklahoma\n\nStatutes, or\n\nj. a person who has voluntarily accepted responsibility\n\nfor the care or supervision of a child;\n\n13. \"Sexual intercourse\" means the actual penetration, however\n\nslight, of the vagina or anus by the penis; and\n\n14. \"Sodomy\" means:\n\na. penetration, however slight, of the mouth of the child\n\nby a penis,\n22 of the Oklahoma\n\nStatutes, or\n\nj. a person who has voluntarily accepted responsibility\n\nfor the care or supervision of a child;\n\n13. \"Sexual intercourse\" means the actual penetration, however\n\nslight, of the vagina or anus by the penis; and\n\n14. \"Sodomy\" means:\n\na. penetration, however slight, of the mouth of the child\n\nby a penis,\n\nb. penetration, however slight, of the vagina of a person\n\nresponsible for a child's health, safety or welfare,\n\nby the mouth of a child,\n\nc. penetration, however slight, of the mouth of the\n\nperson responsible for a child's health, safety or\n\nwelfare by the penis of the child, or\n\nd. penetration, however slight, of the vagina of the\n\nchild by the mouth of the person responsible for a\n\nchild's health, safety or welfare.","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":"b956ba012cd7fe7150415e4ccc5afbb49fb0f7e6c406fca0cdd87b40df8ac5ab","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-843.5v2","next":"us-ok/okla.-stat.-tit.-21-21-843.6"},"notice":"GroundRules: Original legal text. Not legal advice."}