Oklahoma Sex Offenses and Why They Are Different

Of criminal offenses, sex offenses are generally considered the most controversial: these offenses may incite moral, social, and legal dilemmas. Regardless, there is consensus about the derogatory nature of sex offenses and the tendency of the offense to drastically change the lives of the survivors and the public alike.

In Oklahoma, criminal justice agencies and the Oklahoma judiciary work together to ensure public safety and give offenders appropriate punishment. Concerning sex offenses, local law enforcement has the responsibility of arresting and indicting suspected offenders; employees of the judiciary try such offenders under the Oklahoma criminal procedure, and the Department of Corrections is responsible for the rehabilitation and supervision of convicted sex offenders.

What is an Oklahoma Sex Crime?

Oklahoma sex crimes generally refers to sexual activities that violate moral and statutory standards. These consist of several crimes and rape and sexual assault, where an individual achieves sexual gratification by solicitation, exposure, or force. In most cases where sex crimes happen, the other party cannot give explicit consent, or the offender refuses to accept rejection. The statutes that describe sex crimes, applicable penalties, and the enforcement of sanctions are in Title 21 of the Oklahoma Statutes.

The law does not apply to private sexual acts between adults, provided that the parties may consent to such practices and understand the ramifications of the action. Instead, the law prohibits sexual conduct or behavior that deviates from acceptable cultural and legal standards, especially where another party is a victim of the offender’s hedonism.

What are the Different Types of Sex Offenses?

Within the boundaries of Oklahoma laws, the following are types of sex offenses, their severity, and applicable penalties:

• Sexual Assault: Per Okla. Stat. Ann. §21–112, sexual assault is any contact or behavior that occurs without another party’s explicit consent. These may include, but re not limited to, forcible intercourse (rape), sodomy, child molestation and sexual abuse, incest, and fondling. The law also deems any attempt or use of a foreign object to complete the acts mentioned above to be sexual assault. The penalty for sexual assault depends on the specific charge and aggravating factors. For example, rape is a felony and the punishment, depending on the degree, is typically life imprisonment or even a death sentence. However, if the court sentences the offender to a specified jail term (up to fifteen (15) years), such offender is not eligible for parole, and they are subject to post-conviction supervision for life (Okla. Stat. Ann. 21§ 1114; 21§ 1112). 
• Sexual Battery: The intentional and lewd touching, mauling, or feeling of the body or private parts of any person for sexual gratification is prohibited under Oklahoma laws (Okla. Stat. Ann. 21, § 1123). Sexual battery is a felony, and the punishment depends on aggravating factors such as the victim’s age, relationship to the victim, and distress caused to the victim. Consequently, the court shall order the offender to serve a prison term (lengthy years to life imprisonment). An offender who serves a lengthy prison term is usually not eligible for parole.  Additionally, they may be subject to post-conviction supervision for a term determined by the court.
• Forcible Sodomy: Oklahoma regards sodomy as abominable and against nature. The offender is liable to imprisonment of up to twenty (20) years in prison. The offender is not eligible for parole, and upon completing the sentence, they are subject to supervision (Okla. Stat. Ann. §21–888). 
• Prostitution: Oklahoma laws prohibit intentional participation in any act linked to prostitution. Therefore, using a property (real estate or vehicle) for prostitution, aiding prostitution, as well as receiving services or compensation from a prostitute is illegal (Okla. Stat. Ann. §21–1029). Prostitution and related acts are a misdemeanor. The statutory punishment is up to 30 days in jail, up to $7,500 in fines, community service, or a combination of sanctions. The court shall impose stiffer penalties on habitual offenders. Furthermore, prostitution may be a felony depending on aggravating factors, such as involving a minor or prostituting while aware of a viral infection (e.g., HIV).

Sex Offender Levels of Classification in Oklahoma

Upon conviction for a sex crime, the court typically assigns the offender a numeric risk level. The assigned risk level helps assess the sex offender’s likelihood of recidivism based on the nature of the crime. The estimated risk level enables law enforcement to monitor offenders post-conviction. Besides, the level defines requirements and restrictions imposed on the offender post-conviction.

• Level 1 Sex Offender: These offenders are mostly guilty of misdemeanor sex offenses, pose minimal threat to society, and are least likely to reoffend. Nevertheless, the court typically orders level 1 offenders to register in the sex offender registry for 15 years. The offender is also required to present themselves at the supervisory agency every twelve (12) months.
• Level 2 Sex Offender: These offenders are next in rank for society’s threat and likelihood of re-offending. A level 2 sex offender registers in the sex offender registry for twenty-five (25) years and is also expected to submit for verification every six (6) months.
• Level 3 Sex Offender: These offenders commit the gravest sex offense, pose the most risk to society, and are most likely to reoffend. Level 3 sex offenders typically comprise rapists, serial offenders, as well as child sex offenders. Due to the threat level, the court registers such an offender for life. Furthermore, they are typically required to submit for verification every ninety (90) days.

How Do I Find A Sex Offender Near Me in Oklahoma?

To ensure public safety and continued monitoring of sex offenders, state law and, indeed, the United States Constitution mandate that every state is legally obligated to maintain a publicly available database on sex offenders. Every local law enforcement maintains a local database that also feeds directly to the state database to ensure seamless operation. Thus, any individual who wishes to find a sex offender may visit the local law enforcement office during business hours. Alternatively, inquirers may conduct an online search of the Oklahoma sex offender registry remotely, provided they have access to the internet.

The Oklahoma Sex Offender Registry

According to the Oklahoma Sex Offenders Registration Act, every convicted sex and violent offender is expected to register with the Oklahoma Department of Corrections (ODOC). As the official custodian designated to maintain the sex offender repository, the ODOC allows public requesters to query the database for information on any sex offender. Searchers do not have to meet any requirements or pay a fee to access the registry. The searcher is generally required to furnish the information needed to perform the search, such as name and geographical location. If these are unavailable, the searcher may conduct an appearance search based on the offender’s physical profile.

Upon query, the database returns available information based on the parameters provided. The searcher shall then access the offender’s most recent photograph, personal information, and residential information within the state boundaries. To get started:

• Visit the Oklahoma Sex Offender Registry
• Accept the terms
• Query the database with a parameter

Records of Oklahoma sex offenders and offenses may also be accessed from some third-party websites. Aggregate sites are a convenient alternative for inquirers interested in searching for multiple records across several US districts. To search these databases, however, users are typically expected to furnish the search engines with:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused.

Third-party sites are operated independently of government sources. Consequently, the validity, completeness, or accuracy of the records obtained via third-party sites is not guaranteed.

What are the Sex Offender Restrictions in Oklahoma?

Oklahoma imposes civil restrictions on convicted sex offenders. While these restrictions are typically general, the court may impose additional restrictions on the risk the offenders pose to society. Violation of a restriction results in criminal liabilities with punishment varying from hefty fines to jail time.

• Residency restriction: A sex offender is limited in where they are legally allowed to reside within Oklahoma. In addition to providing an address for verification, they may not live within 2,000 feet of any property, facility, or institution working with children. The restriction applies regardless of whether the offender committed a sex crime involving a child or not.
• Employment restriction: Like the residency restriction, a convicted sex offender may not work or seek employment with any organization working with children or located within 2000 feet of a children’s facility.
• GPS monitoring: Depending on the nature of the offense, the offender may be subject to GPS monitoring.

The primary aim of these restrictions is to ensure public safety and not cause socio-economic hardship to the offender. The high recidivism rate among sex offenders generally necessitates that criminal justice agencies impose these restrictions to protect society.