{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-888v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-888v2","heading":"Forcible sodomy","body":"A. Any person who forces another person to engage in the\n\ndetestable and abominable crime against nature, pursuant to Section\n\n886 of this title, upon conviction, is guilty of a Class B1 felony\n\noffense punishable by imprisonment in the custody of the Department\n\nof Corrections for a period of not more than twenty (20) years.\n\nExcept for persons sentenced to life or life without parole, any\n\nperson sentenced to imprisonment for two (2) years or more for a\n\nviolation of this subsection shall be required to serve a term of\n\npost-imprisonment supervision pursuant to subparagraph f of\n\nparagraph 1 of subsection A of Section 991a of Title 22 of the\n\nOklahoma Statutes under conditions determined by the Department of\n\nCorrections. The jury shall be advised that the mandatory post-\n\nimprisonment supervision shall be in addition to the actual\n\nimprisonment. Any person convicted of a second violation of this\n\nsection, where the victim of the second offense is a person under\n\nsixteen (16) years of age, shall not be eligible for probation,\n\nsuspended or deferred sentence. Any person convicted of a third or\n\nsubsequent violation of this section, where the victim of the third\n\nor subsequent offense is a person under sixteen (16) years of age,\n\nshall be punished by imprisonment in the custody of the Department\n\nof Corrections 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, a violation of Section 1123 of this title or sexual\n\nabuse of a child pursuant to Section 843.5 of this title, or of any\n\nattempt to commit any of these offenses or any combination of the\n\noffenses, shall be punished by imprisonment in the custody of the\n\nDepartment of Corrections for a term of life or life without parole.\n\nB. The crime of forcible sodomy, a Class B1 felony offense,\n\nshall include:\n\n1. Sodomy committed by a person over eighteen (18) years of age\n\nupon a person under sixteen (16) years of age;\n\n2. Sodomy committed upon a person incapable through mental\n\nillness or any unsoundness of mind of giving legal consent\n\nregardless of the age of the person committing the crime;\n\n3. Sodomy accomplished with any person by means of force,\n\nviolence, or threats of force or violence accompanied by apparent\n\npower of execution regardless of the age of the victim or the person\n\ncommitting the crime;\n\n4. Sodomy 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\n5. Sodomy committed upon a person who is at least sixteen (16)\n\nyears of age but less than twenty (20) years of age and is a student\n\nof any public or private secondary school, junior high or high\n\nschool, or public vocational school, with a person who is eighteen\nbcontractor of the contractor of the state or\n\nfederal government, a county, a municipality or a political\n\nsubdivision of this state;\n\n5. Sodomy committed upon a person who is at least sixteen (16)\n\nyears of age but less than twenty (20) years of age and is a student\n\nof any public or private secondary school, junior high or high\n\nschool, or public vocational school, with a person who is eighteen\n\n(18) years of age or older and is employed by a school system;\n\n6. Sodomy committed upon a student at a secondary school who is\n\nconcurrently enrolled at an institution of higher education by an\n\nemployee of the institution of higher education of which the student\n\nis enrolled;\n\n7. Sodomy committed upon a person who is at the time\n\nunconscious of the nature of the act, and this fact should be known\n\nto the accused; or\n\n8. Sodomy committed upon a person where the person is\n\nintoxicated by a narcotic or anesthetic agent administered by or\n\nwith the privity of the accused as a means of forcing the person to\n\nsubmit.\n\nC. \"Employee of an institution of higher education\", for\n\npurposes of this section, means faculty, adjunct faculty,\n\ninstructors, volunteers, or an employee of a business contracting\n\nwith an institution of higher education who may exercise, at any\n\ntime, institutional authority over the victim. Employee of an\n\ninstitution of higher education shall not include an enrolled\n\nstudent who is not more than three (3) years of age or older than\n\nthe concurrently enrolled student and who is employed or\n\nvolunteering, in any capacity, for the institution of higher\n\neducation.","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":"1d1deacf2cda5fc36363dcc4cdc925dd26c478b3dc58c9846dbd25cce5befd6c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-888v1","next":"us-ok/okla.-stat.-tit.-21-21-891"},"notice":"GroundRules: Original legal text. Not legal advice."}