Lewd Molestation - Tulsa Trial Attorneys

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Lewd Molestation

Any person convicted of lewd molestation of a child after having been convicted once before of lewd molestation of a child shall be sentenced to life without parole. 21 O.S. 51.1a

Lewd Molestation - Elements

No person may be convicted of (lewd acts with)/(indecent proposals to) a child under sixteen unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

      • (1) the defendant knowingly and intentionally;

        (2) made a/an oral / written / (electronically / computer generated) lewd or indecent proposal;

        (3) to a child / (person the defendant believed to be a child) under sixteen years of age;

        (4) for the child to have unlawful sexual relations / intercourse with any person; and

        (5) the defendant (was at least three years older than the child) / (was at least three years older than the purported child’s age) / (used force/fear).

              • OR

        (1) the defendant knowingly and intentially;

        (2) (looked upon) / touched / mauled / felt;

        (3) the body or private parts;

        (4) of a child under sixteen years of age;

        (5) in any lewd or lascivious manner; and

        (6) the defendant (was at least three years older than the child) / (used force/fear).

              • OR

        (1), the defendant knowingly and intentionally;

        (2) asked / invited / enticed / persuaded;

        (3) a child / (person the defendant believed to be a child) under sixteen years of age;

        (4) to go alone with any person;

        (5) to a secluded / remote/secret place;

        (6) with the unlawful and willful intent and purpose;

        (7) to commit [Identify Crime Against Public Decency and Morality]; and

        (8) the defendant (was at least three years older than the child) / (was at least three years older than the purported child’s age) / (used force/fear).

              • OR

        (1) the defendant knowingly and intentionally;

        (2) in a lewd and lascivious manner;

        (3) for the purpose of sexual gratification;

        (4) [urinated/defecated upon] / [ejaculated upon/(in the presence of)];

        (5) a child under sixteen years of age; and

        (6) the defendant (was at least three years older than the child) / (used force/fear).

              • OR

        (1), the defendant knowingly and intentionally;

        (2) in a lewd and lascivious manner;

        (3) for the purpose of sexual gratification;

        (4) caused/exposed/forced / required a child under sixteen years of age;

        (5) to look upon [the body / (private parts) of another person] / [sexual acts performed in the presence of the child]; and

        (6) the defendant (was at least three years older than the child) / (used force/fear).

              • OR

        (1) the defendant knowingly and intentionally;

        (2), in a lewd and lascivious manner;

        (3) for the purpose of sexual gratification;

        (4) forced / required a child under sixteen years of age;

        (5) to touch / feel the body / (private parts) of (the child) / (another person); and

        (6) the defendant (was at least three years older than the child) / (used force/fear).

              • OR

        (1) the defendant knowingly and intentionally;

        (2) in a lewd and lascivious manner;

        (3) for the purpose of sexual gratification;

        (4) forced / required a child / (person the defendant believed to be a child) under sixteen years of age;

        (5) to view (obscene materials) / (child pornography) / (materials deemed harmful to minors); and

        (6), the defendant (was at least three years older than the child) / (was at least three years older than the purported child’s age) / (used force/fear).

The words "lewd" and "lascivious" have the same meaning and signify conduct which is lustful and which evinces an eagerness for sexual indulgence. OUJI-CR 4-129

Charged with Child Abuse in Oklahoma

Child Abuse and other child related offenses, are only second to murder as the most serious crimes that a person can be charged with. Not only do you face the potential of serious prison time, but you also may lose the rights to continue being your child’s parent.

Unfortunately, when it comes to allegations of a crime against a child, many people have a tendency to see the accused person as guilty until proven innocent. This is the opposite of how it should be. It can quickly turn into a witch-hunt without the proper legal representation. This can be very frustrating and you will want to protest. The danger is that even your words of protest and your attempts to explain may be twisted and used against you. Most times DHS will become involved and you have to fight on two fronts. You must be very very careful.

Don’t settle for hiring an attorney, hire a team. Make sure you hire a firm that has experience in both serious criminal felony litigation and DHS juvenile cases. Let an experienced team of attorneys help guide you through this scary time. Make sure that your attorney is experienced, aggressive, and compassionate.

CALL TODAY FOR YOUR FREE CONSULTATION - 918-884-7791

Child Abuse - Definition 

Harm or threatened harm to a child’s health, safety or welfare by a person responsible for the child. This includes non-accidental physical or mental injury, sexual abuse, or neglect. 

Child Abuse - Punishment 

Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "child abuse" means the willful or malicious harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another. 21 O.S. 843.5(1)

Child Abuse - Elements

No person may be convicted of child abuse unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) a person willfully / maliciously;

(2) harmed / (threatened harm to) the health, safety, or welfare;

(3) of a child under the age of eighteen;

OR

(1) a person responsible for a child's health, safety, or welfare; 

(2) willfully / maliciously;

(3) failed to protect from harm / (threatened harm) to the health, safety, or welfare; 

(4) of a child under the age of eighteen. OUJI-CR 4-35

Crimes against Children (non-sexual) 

Sex Crimes against Children 

Crimes Against Children FAQs 

  • What is considered ordinary force for a parent for discipline?

  • Can prayer be a defense?

Lewd Molestation Litigation Expertise

Child Abuse charges in Oklahoma require an aggressive defense.  No matter which child offense charges you face, it is important to have an attorney who will help you navigate the complex judicial system and provide you with a clear understanding of the charges you face.  When defending child crime charges, it is necessary to obtain experienced, aggressive, and compassionate representation that understands and DHS Juvenile implications.  The smallest detail or piece of evidence can make all the difference.  The longer you wait to hire a Criminal Defense and Juvenile attorney the greater the stress and the greater the advantage to the prosecution.

Call Us Today - 918-884-7791