Sex Crimes Defense

Oklahoma Sex Crimes Defense Attorneys

Oklahoma sex crimes defense and investigations are routinely handled by the Wyatt Law Office. For any of the sex crimes identified below, we can defend you.

Sex Offender Registration

If convicted of a sex crime, you will likely have to register as a sex offender under Oklahoma’s version of the Sex Offender Registration Act (Title 57, Sections 581-590 of the Oklahoma Statutes) or if convicted of a federal crime under the Adam Walsh Act. It’s important to prepare your best Oklahoma sex crimes defense right away.

Community Supervision if Convicted

For many sex crimes in addition to confinement as provided by law, the judge may order a term of post-imprisonment community supervision for not less than three (3) years of the total term allowed by law for imprisonment, with or without restitution.

Call for an appointment.

 

Rape I

Rape I is essentially forced or non-consensual sex or sex with a minor under age 16. By legal definition, rape would include sexual intercourse with: (a) someone who is under age 16; (b) with someone who is mentally incapable of giving legal consent; (c) when force or violence is used or threatened in conjunction with apparent power over the victim; (d) with someone intoxicated as a means to force them into submission; or (e) with someone who is known to be unconscious.

There are two degrees of rape. Rape in the first degree occurs when: (a) committed by someone over age 18 upon someone under age 14; (b) committed upon someone mentally unsound to give legal consent; (c) committed against someone intoxicated as a means to force them into submission; (d) committed against someone who is known to be unconscious; (e) committed against someone by force or violence, or the threat of force or violence in conjunction with apparent power over the person; or (f) rape by instrumentation that results in bodily harm; (g) rape by instrumentation upon someone under age 14. All other types of rape or rape by instrumentation are rape in the second degree.

First degree rape is punishable by 5 years to life in prison. Life can be with or without parole. Second degree rape is punishable by 1 to 15 years in prison.

SEX OFFENDER REGISTRATION is required if convicted.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Rape & Sex Crimes  Defense Lawyers and Attorneys to defend you.

 

Rape II — Rape by Instrumentation

Second Degree Rape by instrumentation occurs when an inanimate object (i.e., a tool, bottle, toy, etc.) or body parts (other than a penis) penetrate another person without consent.

The punishment for Rape II by instrumentation is 1-15 years in prison.

SEX OFFENDER REGISTRATION is required if convicted.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Rape by Instrumentation Lawyers and Attorneys to defend you.

 

Lewd Molestation of a Child​

Lewd molestation means to knowingly and intentionally:Look upon or touch the body or private parts of any child under 16 years of age in a lewd or lascivious manner;Lewdly or lasciviously look upon or touch the body or private parts of any child under 16 years of age in any indecent manor or in any sexual manner;

In a lewd and lascivious manner for the purpose of sexual gratification, to urinate or defecate upon a child under 16 years of age, or ejaculate upon or in the presence of a child, or force a child to look upon the body or private parts of another person, or upon the sexual acts performed in the presence of the child, or require a child to touch or feel the body or private parts of him or herself or another person.

The range of punishment for lewd molestation of a child under age 16 is imprisonment for 1 to 20 years. If the victim is under 12 years of age, the range of punishment escalates to a minimum of 25 years to life.

SEX OFFENDER REGISTRATION is required if convicted.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Lewd Molestation & Sex Crimes Defense Lawyers and Attorneys to defend you.

 

Lewd Proposals to a Child​

Lewd proposals include knowingly and intentionally:Making any oral, written, electronic, or computer-generated lewd or indecent proposal to any child under age 16 for the child to have sex with any person; orAsking, inviting or enticing any child under 16 years of age to go alone with any person to a secluded or secret place with the intent to commit any crime against public decency and morality with the child.

The range of punishment for lewd or indecent proposals of a child under 16 years of age is 1 to 20 years. If the victim is under 12 years of age, the range of punishment escalates to a minimum of 25 years to life.

SEX OFFENDER REGISTRATION is required if convicted.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Lewd Act and Lewd Proposal Lawyers and Attorneys to defend you.

 

Using Technology to Solicit Sex with a Minor

It is a crime to use technology such as a cell phone or a computer to offer or solicit sexual conduct with a minor or someone believed to be a minor, or to communicate with a minor for sexual interests.

Use of technology by undercover law enforcement to catch suspected predators is gaining popularity. It is not a defense that law enforcement officers was the party or person solicited by technology.

Soliciting sexual conduct with a minor or engaging in communication with a minor for sexual interests is punishable by up to 10 years in prison and/or a fine up to $10,000.

SEX OFFENDER REGISTRATION is required if convicted.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Using Solicitation of Minor Lawyers and Attorneys to defend you.

 

Forcible Sodomy

Sodomy may involve either oral or anal copulation. The crime of forcible sodomy includes (a) sodomy committed by a person over 18 years of age upon a person under 16 years of age, (b) sodomy upon a person mentally unable to give legal consent, or (c) sodomy upon a person by means or force or violence or threats of force or violence with apparent power over the victim.Forcible sodomy is a felony that carries up to 20 years in prison.SEX OFFENDER REGISTRATION is required if convicted.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Forcible Sodomy Lawyers and Attorneys to defend you.

 

Child Sexual Abuse

Child sexual abuse is charged when someone who is responsible for a child’s health or welfare (i.e., a parent or parent figure) willfully caused or allowed sexual abuse of a child under 18 years of age. “Sexual abuse” includes rape, incest, and lewd or indecent acts or lewd proposals to a child.

Child sexual abuse is a serious felony that is punishable by probation (zero years) to life in prison.

SEX OFFENDER REGISTRATION is required if convicted.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Child Sex Abuse Lawyers and Attorneys to defend you.

 

Child Pornography

Possession of photographs or videos of children engaged in sexual acts. Possession, distribution and manufacturing child pornography are all very serious felony crime.

State Court

In Oklahoma Courts, child pornography includes any visual depiction in any format where a minor under the age of 18 is engaged in any sex act. Each visual depiction or image constitutes a separate charge.

Knowingly possessing, procuring, manufacturing, selling, or distributing child pornography is punishable by up to 20 years in prison and/or a fine of $25,000. (The punishment ranges for certain child porn crimes were modified in 2014). Possessing 100 or more separate images is aggravated possession of child pornography and carries up to life in prison.

People convicted of possessing or distributing child pornography are not eligible for a deferred sentence.

SEX OFFENDER REGISTRATION is required if convicted in state or federal court.

Federal Court

• Possession of Child Pornography is punishable by zero to 20 years for simple possession. For receipt of child pornography, the range of punishment is not less than 5 years nor more than 20 years. Soliciting or causing a child to participate or manufacturing carries 15 years to life. See 18 U.S.C. § 2252A
• Sexual Exploitation of a Child involves possession or distribution of any material such as visual depictions in books, magazines, periodicals, films, and videotapes that involves sex acts or sexual exploitation of a child (under age 18). Generally speaking, the range of punishment is the same for possession of child porn. See 18 U.S.C. § 2252.
• Solicitation of Child Porn. 18 U.S.C. § 2251 makes it a crime to post “any notice or advertisement seeking or offering to receive, exchange, buy, produce, display, distribute, or reproduce any visual depiction involving the use of a minor engaging in sexually explicit conduct. This statute also applies when such person knows that such notice or advertisement will be, or has been, transported in interstate or foreign commerce by any means, including by computer.”
• Production for Importation. Creation or production of sexually explicit depictions of a minor for importation into the United States is a crime pursuant to 18 U.S.C. § 2260.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Child Pornography Lawyers and Attorneys to defend you.

 

Solicitation of a Minor for Sex

One can be charged with soliciting a minor when willfully soliciting or aiding a minor child to perform, show, loan, or distribute to a minor child any obscene material or child pornography for the purpose of inducing the minor to participate in lewd exposure, child pornography, or the making or distributing of child pornography.

Punishment for solicitation of a minor in child pornography is 10-30 years. However, when the minor is under 12 years of age, the range of punishment escalates to 25 years to life.

People convicted of this crime are NOT eligible for a deferred sentence.

SEX OFFENDER REGISTRATION is required if convicted.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Solicitation of Minor Lawyers and Attorneys to defend you.

 

SEXTing

It is a crime to use technology such as a cell phone to communicate with a minor for sexual interests. In today’s world, this often includes “sexting,” which is the act of sending sexually explicit messages and photographs between cell phones.Sexting is considered the felony crime of soliciting sexual conduct with a minor or engaging in communication with a minor for sexual interests and is punishable by up to 10 years in prison and/or a fine up to $10,000.SEX OFFENDER REGISTRATION is required if convicted.

If a person under age 18 is sending or causing transmission of child pornography or obscene material, it is in the District Attorney’s discretion to charge the person with a misdemeanor and try the case in juvenile court or file the case as a felony and prosecute the crime with the offender as an adult. This law applies to images taken with or without consent of the victim. See 10 O.S. § 2-8-221. It is not a defense that the person in the digital image is also the person sending the sexual text message (sext).

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Using Technology to Solicit a Minor and Computer Crimes Act Lawyers and Attorneys to defend you.

 

Prostitution, Pandering & Soliciting

It is a crime to engage in or solicit prostitution. Prostitution means the giving or receiving of one’s body for sex acts or making an appointment for sex acts, in exchange for money or other things of value. Engaging in or soliciting prostitution is a misdemeanor punishable by 30 days to 1 year in jail, up to 80 hours of community service, and/or fines up to $7,500.

Pandering is the causing of another person to engage in prostitution by way of promise, threat, violence or scheme. Pandering is a felony and carries a prions term of 2 to 20 years.

Using a computer for prostitution or pandering elevates the crime to a felony punishable by up to 10 years.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Solicitation, Prostitution and Pandering Lawyers and Attorneys to defend you.

 

Using a Computer to Facilitate Prostitution

In addition to solicitation or engaging in prostitution, if a computer is used to advertise, communicate about or make appointments, one can also be charged with violating the Oklahoma Computer Crimes Act.

Violating the Computer Crimes Act is a felony that carries up to 10 years in prison and/or a fine of $5,000-$100,000.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Computer Crimes Act Lawyers and Attorneys to defend you.

 

Sexual Battery

Sexual battery is “offensive sexual touching.” The law defines it as the intentional touching or feeling the body or private parts of any person 16 years of age or older in a lewd and lascivious manner and without the consent of the other person.The range of punishment for sexual battery is 0 to 10 years.SEX OFFENDER REGISTRATION is required if convicted.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Sexual Battery Lawyers and Attorneys to defend you.

 

Indecent Exposure

Indecent exposure is the willful and knowing lewd exposure of the genitals in a public place or a place where people are present who can be offended or annoyed.Indecent exposure does NOT include urinating in public, but it is still a misdemeanor to urinate in public.The range of punishment for indecent exposure is 30 days to 10 years in prison, and/or a fine of $500-$20,000.SEX OFFENDER REGISTRATION is required if convicted.Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Indecent Exposure Lawyers and Attorneys to defend you.

 

Obscenities

It is a crime to write, draw, publish, sell, distribute or knowingly download on a computer any obscene material.“Obscene material” is any representation of sexual conduct that is patently offensive, appeals only to prurient interest, or lacks artistic or education value.The crime of creating, downloading, or distributing obscene material is a felony that carries 30 days to 10 years in prison.SEX OFFENDER REGISTRATION is required if convicted. Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Obscenity and Obscene Material Lawyers and Attorneys to defend you.

 

Sex Offender Registration

Anyone working, living or attending school in Oklahoma who was convicted after November 1, 1989, by a jury, pled guilty, pled no contest, received a suspended or deferred sentence, is currently serving a sentence, or is on parole for the following crimes must register as a sex offender:

Crimes Against Adults or Children

• Assault with Intent to Commit a Sex Crime
• Sexual Assault
• Rape
• Rape by Instrumentation
• Forcible Sodomy
• Sex Abuse by a Caretaker
• Sexual Exploitation by a Caretaker
• Indecent Exposure (does not include public urination)

Crimes Against Children

• Incest (sex with family)
• Lewd Acts with a Child
• Lewd Proposals to a Child
• Sex Abuse of a Child
• Knowingly Permitting Sex Abuse of a Child
• Sexual Exploitation of a Child
• Soliciting Sexual Conduct or Communication with Minor by Use of Technology
• Possession of Obscene Materials
• Possession of Child Pornography
• Aggravated Possession of Child Pornography
• Procurement of Minor in Child Pornography
• Permitting or Consenting to the Participation of a Minor in Child Pornography
• Manufacturing Child Pornography
• Distributing Child Pornography
• Offering or Transporting a Child for Purpose of Prostitution
• Child Prostitution

Other Sex Crimes

• Sex with Animals
• Taking or Enticing Away Children (if the crime involved sexual abuse or sexual exploitation)
• Kidnapping (if the crime involved sexual abuse or sexual exploitation)
• Trafficking in Children (if the crime involved sexual abuse or sexual exploitation)

If you committed any of those crimes in another state within the registration term, then you must register in Oklahoma – even if you would not have been required to register in the other state.

It is a crime to NOT register as required.

There is a new opinion from the Oklahoma Supreme Court concerning Sex Offender Registration. If your crime and conviction was before 2004, we may be able to assist you in getting off of the Sex Offender Registry. Note, the Department of Corrections and criminal defense attorneys are still examining this opinion from June 26. It is not known how the opinion will be implemented, how long it will take DOC to implement, and whether it will require additional individual litigation for each affected registrant. Accordingly, you do not want to jump in feet first spending a lot of money. Let’s figure this out and take a reasoned approach to removing your name from the registry.

Determining if you are required to register as a sex offender in Oklahoma is often difficult and confusing. Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Sex Offender Registration Lawyers and Attorneys to defend you.

 

Failure to Register as Sex Offender

Failure to register as a sex offender in Oklahoma is a felony that carries up to 5 years in prison and/or a fine of $5,000.

Determining if you are required to register as a sex offender in Oklahoma is often difficult and confusing. Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Failure to Register Lawyers and Attorneys to defend you

 

Federal Sex & Pornography Crimes

Many of the same state sex crimes (such as rape, forced sodomy, child molestation, etc.) are also federal crimes if they occurred on federal property or if they involved the use of the Internet, telephone communications or in some way affected interstate commerce (meaning that a photo or image or person crossed state or national borders). Sex crimes frequently charged in federal court typically involve child porn or sexual exploitation:

• Possession of Child Pornography is punishable by zero to 20 years for simple possession. For receipt of child pornography, the range of punishment is not less than 5 years nor more than 20 years. Soliciting or causing a child to participate or manufacturing carries 15 years to life. See 18 U.S.C. § 2252A.
• Sexual Exploitation of a Child involves possession or distribution of any material such as visual depictions in books, magazines, periodicals, films, and videotapes that involves sex acts or sexual exploitation of a child (under age 18). Generally speaking, the range of punishment is the same for possession of child porn. See 18 U.S.C. § 2252.
• Solicitation of Child Porn. 18 U.S.C. § 2251 makes it a crime to post “any notice or advertisement seeking or offering to receive, exchange, buy, produce, display, distribute, or reproduce any visual depiction involving the use of a minor engaging in sexually explicit conduct. This statute also applies when such person knows that such notice or advertisement will be, or has been, transported in interstate or foreign commerce by any means, including by computer.”
• Production for Importation. Creation or production of sexually explicit depictions of a minor for importation into the United States is a crime pursuant to 18 U.S.C. § 2260.
• Solicitation of Children for Sex. 18 U.S.C. § 2425 makes it a crime to use interstate facilities (i.e., the Internet or phones) to transmit information about an individual under the age of 16, with “the intent to entice, encourage, offer, or solicit that minor to engage in any sexual activity that can be charged as a criminal offense.”
• Human Trafficking &Trafficking for Prostitution. Although human trafficking per se is not necessarily a sex crime, but most children are kidnapped and trafficked or sold for sexual purposes, which would result in a sex crime application. It is a crime to take children across state or federal borders for sex. See 18 U.S.C. §§ 2421, 2423 and 2251A(a) and (b). Click to learn more information regarding Oklahoma human trafficking criminal defense.
• Traveling for Sex with Children. It is also a crime for an adult to travel across state or federal borders to engage in sex with a minor or for the purpose of engaging in sex. See 18 U.S.C. § 2423(b).
• Sex Tourism involves a perpetrator who travels abroad in order to engage in a sex act or acts which are illegal in the U.S. but may be lawful in another country. Covered under the federal Protection Act, an offense of this nature may involve a person traveling to another country with a minor or to meet a minor and engage in sexual activity. A mandatory 10 year term of imprisonment may be imposed for a federal sex crime of this nature.
• Sexual Abuse or Aggravated Sexual Abuse. Effectively, this is rape, rape by instrumentation, forcible sodomy or other common law sex crimes committed on federal land or territories. See 18 U.S.C. §§ 2241-2246.
• Sexually Dangerous Persons. In addition to punishment for any of these federal crimes, if it is later determined (during or after incarceration) that a person is a “sexually dangerous person,” that person can be removed from society in a quasi-criminal, quasi-civil proceeding. In other words, a criminally sexually dangerous person can be removed or imprisoned just for being sexually dangerous.

SEX OFFENDER REGISTRATION under the Adam Walsh Act is required if convicted in federal court of any of these crimes and others not specified here.

Experienced Lawyers

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Federal Sex Crimes Defense & Child Porn Lawyers & Attorneys. We are licensed in all federal courts in Oklahoma and in the Northern and Eastern Districts of Texas. We are eligible for admission in all federal courts nationwide and travel for representation.

Bob Wyatt was interviewed by The National Law Journal for his expertise in the area of sex crimes defense and cybercrimes. The article was published on February 18, 2008.

Experienced Sex Crime Defense Lawyers

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Sex Crimes Defense and Rape Lawyers and Attorneys.  Your future is our business.

Noteworthy Sex Crime Defense Cases

2 year sentence in State Child Porn. Over 200,000 images involved. Client received sentence of 2 years.*

4 years given in Federal Child Porn. U.S. District Court for the W.D. Oklahoma varied from the U.S. Sentencing Guidelines — giving Wyatt’s client a term of 4 years. U.S. Sentencing Guidelines called for approximately 8 years and plea agreement called for not less than 5 years. This non-Guideline sentence, while rare, was fair based on evidence presented to the Court.*

Rape Charge Dismissed. Juvenile charged with raping another juvenile.

Lewd Molestation Dismissed. Juvenile charged with molesting baby. Charges dismissed.

Probation given in Federal Child Porn. The U.S. District Court for the W.D. Oklahoma granted a term of straight probation for possession of child porn. This non-Guideline sentence, while very rare, was fair.*

14 month sentence for Federal Child Porn. U.S. District Court sentenced Wyatt’s client to only 14 months for possession. Client faced up to 10 years. The sentence was a significant departure from the U.S. Sentencing Guidelines.*

Not Guilty Verdict Possession of Child Porn.. Client charged with 5 counts of possession of child pornography. The law enforcement agent testified that my client had confessed to accidentally accessing a child porn web site on two or more occasions and the feds had strong circumstantial evidence guilt because the only time there was child porn (or any porn) on the computer was when the client was recovering from cancer surgeries at his 80 year old mother’s house. The defense presented expert testimony of other “non-porn” searches (which indicated the searches were not my client) on the computer within the times that the Gov’t claims my client was surfing kiddie porn, and we presented evidence of an imperfect alibi (that he was in another city earlier in the day – even though no proof that he was in the second city at the “time” the porn was searched). Client testified.*

Child Porn (Second Offense) Charge Dismissed. Client was charged with downloading and viewing child pornography after a former arrest for similar accusations. After a full hearing, the court declined to “accelerate” the previous deferred sentence for possession of obscene materials and the new charge of possession of child porn was dismissed.*

14-Count Federal Child Porn Indictment Dismissed. Wyatt and McCoy investigated, researched, briefed, argued and convinced the federal court to suppress evidence obtained pursuant to a search warrant in the FBI’s nationwide OPERATION CRYING EYES investigation. After the federal judge’s ruling, the U.S. Attorneys’ Office dismissed the 14-count indictment.*

Child Porn Charges against Professor Dismissed. After more than a year of hotly contested litigation, the District Attorney dismissed charges against Wyatt’s client for possession of child porn and for using an employer’s computer to access child pornography. Client pled no contest to a reduced charge for a violation of the Oklahoma Computer Crimes Act. No jail time ordered.*

Internet Child Solicitation & Traveling for Sex — Not Guilty Verdict. The Wyatt Law Office tried an Innocent Images case to a federal jury in Oklahoma City winning a “not guilty” verdict on both counts of using the Internet to entice a minor for sex and for traveling across state lines to engage in sex with a minor.*

*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.

*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.