Sexual Battery is different than rape because Sexual Battery does not involve penetration. It is the unwanted sexual touching of intimate body parts without consent, or sexual touching that happens as a result of fraud. Sexual Battery includes lewd and lascivious acts that can resemble slapping a person’s buttocks, grabbing a woman’s breast, or touching a man’s penis. The words “lewd” and “lascivious” have the same meaning and signify conduct which is lustful, and which evinces an eagerness for sexual indulgence.
The statute for Sexual Battery is OKLA. STAT. tit. 21 § 1123(B), which states that “No person shall commit Sexual Battery on any other person. “Sexual Battery” shall mean the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner: Without the consent of that person; When committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state; or When committed upon a person who is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or in the legal custody or supervision of any public or private elementary or secondary school, or technology center school, by a person who is eighteen (18) years of age or older and is an employee of the same school system that the victim attends. As used in this subsection, “employee of the same school system” means a teacher, principal or other duly appointed person employed by a school system or an employee of a firm contracting with a school system who exercises authority over the victim.”
Elements of the Crime
In order to be convicted of Sexual Battery 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:
1) the defendant intentionally;
2) touched, felt, or mauled;
3) in a lewd and lascivious manner;
4) the body or private parts;
5) of a person sixteen years of age or older;
6) without his or her consent.
1) a state, county, municipal or political subdivision employee, contractor, or employee of a contractor of the state or a county, municipality, or political subdivision of Oklahoma;
3) touched, felt, or mauled;
4) in a lewd and lascivious manner;
5) the body or private parts;
6) of a person sixteen years of age or older;
7) who was under the legal custody, supervision or authority of the state agency, county, municipality, or political subdivision of Oklahoma.
1) the defendant was eighteen years of age or older;;
2) the defendant was an employee of the victim’s school system;
3) and intentionally;
4) touched, felt, or mauled;
5) in a lewd and lascivious manner;
6) the body or private parts;
7) of a person at least sixteen years of age and less than twenty years of age;
8) who was a student or person under the legal custody/supervision of a school.
1) the defendant was a foster parent or foster parent applicant; and
3) touched, felt, or mauled;
4) in a lewd and lascivious manner;
5) the body or private parts;
6) of a person who was nineteen years of age or younger;
7) when the person was in the legal custody of a state, federal agency, or tribal court.
Oklahoma Jury Instruction #4-130.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Sexual Battery 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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