LEWD ACTS WITH A CHILD UNDER SIXTEEN

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Lewd Acts with a Child Under Sixteen is conduct which is lustful and which evinces an eagerness for sexual indulgence for children under the age of 16. Basically, any sexual act may constitute lewd acts and if it is done with a child under 16 years of age; this crime may be charged.

Oklahoma Statutes

The statute for Lewd Acts with a Child Under Sixteen is OKLA. STAT. tit. 21 § 1123, which states that “Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, for the child to have unlawful sexual relations or sexual intercourse with any person; or

  • Look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any lewd or lascivious manner by any acts against public decency and morality, as defined by law; or
  • Ask, invite, entice, or persuade any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child; or
  • In any manner lewdly or lasciviously look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any indecent manner or in any manner relating to sexual matters or sexual interest; or
  • In a lewd and lascivious manner and for the purpose of sexual gratification: urinate or defecate upon a child under sixteen (16) years of age, or force or require a child to defecate or urinate upon the body or private parts of another, or
  • For the purpose of sexual gratification, ejaculate upon or in the presence of a child; cause, expose, force or require a child to look upon the body or private parts of another person; or
  • Force or require any child under sixteen (16) years of age or other individual the person believes to be a child under sixteen (16) years of age, to view any obscene materials, child pornography or materials deemed harmful to minors; cause, expose, force or require a child to look upon sexual acts performed in the presence of the child; or force or require a child to touch or feel the body or private parts of the child or another person.

Elements of the Crime

In order to be convicted of Lewd Acts with a Child Under Sixteen in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove ONE OF THE FOLLOWING, which mirrors the varied ways the crime can be committed by the statute listed above:

1) the defendant knowingly and intentionally;

2) made an oral, written, electronically or computer generated, lewd or indecent proposal;

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

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

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

OR

1) the defendant knowingly and intentionally;

2) looked upon, touched, mauled, or 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 or fear.

OR

1) the defendant knowingly and intentionally;

2) asked, invited, enticed, or persuaded;

3) a child or 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, or secret place;

6) with the unlawful and willful intent and purpose;

7) to commit a 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 and used force or 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, or 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, and used force or 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, or required a child under sixteen years of age;

5) to look upon the body or private parts of another person, or sexual acts performed in the presence of the child; and

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

OR

1) the defendant knowingly and intentionally;

2) in a lewd and lascivious manner;

3) for the purpose of sexual gratification;

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

5) to touch, feel the body or private parts of the child or another person; and

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

OR

1) the defendant knowingly and intentionally;

2) in a lewd and lascivious manner;

3) for the purpose of sexual gratification;

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

5) to view obscene materials, child pornography, or materials deemed harmful to minors; and

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

Oklahoma Jury Instruction #4-129.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Lewd Acts with a Child Under Sixteen in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.

Contact – Cannon & Associates: Oklahoma Criminal Defense

Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.


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