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Lewd Molestation
- Thread starter boling4
- Start date
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**A; and what exactly did this someone do? And are you the someone?boling4 said:What is the name of your state? Oklahoma
What exactly is lewd molestation and does someone who has served their prison time and is now on parole have to register as a sex offender?
BelizeBreeze
Senior Member
Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 45
Section 1123 - Lewd or Indecent Proposals or Acts As to Child Under 16
A. It is a felony for any person to knowingly and intentionally:
1. 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
2. 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
3. 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
4. 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
5. In a lewd and lascivious manner and for the purpose of sexual gratification:
a. urinate or defecate upon a child under sixteen (16) years of age ,
b. ejaculate upon or in the presence of a child,
c. cause, expose, force or require a child to look upon the body or private parts of another person,
d. 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 as such terms are defined by Sections 1024.1 and 1040.75 of this title,
e. cause, expose, force or require a child to look upon sexual acts performed in the presence of the child, or
f. force or require a child to touch or feel the body or private parts of said child or another person.
Any person convicted of any violation of subsection A of this section shall be punished by imprisonment in the State Penitentiary for not less than one (1) year nor more than twenty (20) years. The provisions of this section shall not apply unless the accused is at least three (3) years older than the victim. Any person convicted of a second or subsequent violation of subsection A of this section shall be guilty of a felony punishable as provided in this subsection and shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of subsection A of this section shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court. Any person convicted of a violation of this subsection after having been twice convicted of a violation of subsection A of Section 1114 of this title, Section 888 of this title, sexual abuse of a child pursuant to Section 7115 of Title 10 of the Oklahoma Statutes, or of any attempt to commit any of these offenses or any combination of convictions pursuant to these sections shall be punished by imprisonment in the State Penitentiary for a term of life or life without parole.
B. 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 and without the consent of that person or 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.
C. Any person convicted of any violation of this subsection shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not more than five (5) years.
D. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense pursuant to this section shall not constitute a defense to a prosecution under this section.
Version Two (as amended by Laws 2002, SB 1425, c. 455, § 6, emerg. eff. July 1, 2002):
A. Any person who shall knowingly and intentionally:
1. Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age for the child to have unlawful sexual relations or sexual intercourse with any person; or
2. 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
3. Ask, invite, entice, or persuade any 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
4. 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
5. 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 ejaculate upon or in the presence of a child, or force or require a child to look upon the body or private parts of another person or 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 said child or another person, upon conviction, shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not less than one (1) year nor more than twenty (20) years, except as provided in Section 3 of this act. The provisions of this section shall not apply unless the accused is at least three (3) years older than the victim. Any person convicted of a second or subsequent violation of subsection A of this section shall be guilty of a felony and shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of subsection A of this section shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court.
B. 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 and without the consent of that person or 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.
C. Any person convicted of any violation of this subsection shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not more than five (5) years.
Title 21. Crimes and Punishments
Chapter 45
Section 1123 - Lewd or Indecent Proposals or Acts As to Child Under 16
A. It is a felony for any person to knowingly and intentionally:
1. 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
2. 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
3. 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
4. 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
5. In a lewd and lascivious manner and for the purpose of sexual gratification:
a. urinate or defecate upon a child under sixteen (16) years of age ,
b. ejaculate upon or in the presence of a child,
c. cause, expose, force or require a child to look upon the body or private parts of another person,
d. 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 as such terms are defined by Sections 1024.1 and 1040.75 of this title,
e. cause, expose, force or require a child to look upon sexual acts performed in the presence of the child, or
f. force or require a child to touch or feel the body or private parts of said child or another person.
Any person convicted of any violation of subsection A of this section shall be punished by imprisonment in the State Penitentiary for not less than one (1) year nor more than twenty (20) years. The provisions of this section shall not apply unless the accused is at least three (3) years older than the victim. Any person convicted of a second or subsequent violation of subsection A of this section shall be guilty of a felony punishable as provided in this subsection and shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of subsection A of this section shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court. Any person convicted of a violation of this subsection after having been twice convicted of a violation of subsection A of Section 1114 of this title, Section 888 of this title, sexual abuse of a child pursuant to Section 7115 of Title 10 of the Oklahoma Statutes, or of any attempt to commit any of these offenses or any combination of convictions pursuant to these sections shall be punished by imprisonment in the State Penitentiary for a term of life or life without parole.
B. 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 and without the consent of that person or 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.
C. Any person convicted of any violation of this subsection shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not more than five (5) years.
D. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense pursuant to this section shall not constitute a defense to a prosecution under this section.
Version Two (as amended by Laws 2002, SB 1425, c. 455, § 6, emerg. eff. July 1, 2002):
A. Any person who shall knowingly and intentionally:
1. Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age for the child to have unlawful sexual relations or sexual intercourse with any person; or
2. 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
3. Ask, invite, entice, or persuade any 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
4. 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
5. 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 ejaculate upon or in the presence of a child, or force or require a child to look upon the body or private parts of another person or 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 said child or another person, upon conviction, shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not less than one (1) year nor more than twenty (20) years, except as provided in Section 3 of this act. The provisions of this section shall not apply unless the accused is at least three (3) years older than the victim. Any person convicted of a second or subsequent violation of subsection A of this section shall be guilty of a felony and shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of subsection A of this section shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court.
B. 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 and without the consent of that person or 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.
C. Any person convicted of any violation of this subsection shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not more than five (5) years.
Sorry HomeGuru, I do not know the exact thing the offender did and in no way is it me.
Thank you BelizeBreeze for the explanation.
There was a rumor going around town about a man that works at a local gas station. Well, I looked it up and sure enough he was convicted of lewd molestation. There are not any specifics as to what happened listed and he is quite mum on the subject (I don't blame him in the least for wanting to be quiet about it either, he's only trying to start his life back up).
The police department wants to get him rearrested on the grounds that he's not registered as a sex offender. Well, since there was no mention about it on odcr, then does that mean he doesn't have to?
I am in no way trying to help the police here. If he should be registered, I will let him know that he needs to get it done ASAP. In no way are his convictions justifiable, but I am sick of people in this town bringing up ones past just to hurt them. I'm sick of them not allowing some to go on with their lives just because they've made mistakes in their past.
Call me what you want, I just don't see where a persons past should reflect what they will do in the future.
Thanks
Thank you BelizeBreeze for the explanation.
There was a rumor going around town about a man that works at a local gas station. Well, I looked it up and sure enough he was convicted of lewd molestation. There are not any specifics as to what happened listed and he is quite mum on the subject (I don't blame him in the least for wanting to be quiet about it either, he's only trying to start his life back up).
The police department wants to get him rearrested on the grounds that he's not registered as a sex offender. Well, since there was no mention about it on odcr, then does that mean he doesn't have to?
I am in no way trying to help the police here. If he should be registered, I will let him know that he needs to get it done ASAP. In no way are his convictions justifiable, but I am sick of people in this town bringing up ones past just to hurt them. I'm sick of them not allowing some to go on with their lives just because they've made mistakes in their past.
Call me what you want, I just don't see where a persons past should reflect what they will do in the future.
Thanks
BelizeBreeze
Senior Member
If the offense occurred before registration was required then no, he does not have to register. If it occurred after, then it's up to the statute.
StephenK, just because someone was convicted of doing something wrong doesn't mean that they did it. There have been many a case where the accused was innocent of the crime they were being charged with.
In one case, the 'victim' admitted on the stand that she fabricated the whole story. There was no evidence to prove that the accused did the crime. The SANE nurse who did the exam even stated that there were no findings of any type of abuse. Even the CASA worker stated that the girl admitted that she made it all up.
Then, on the flip side, you have the people who were victims and had evidence of rape and abuse but the DA refused to prosecute. A woman was raped by a county worker. She made a report and place a protective order against him. The protective order was removed because the judge told her it was her fault, she deserved it because she let him into her home.
Our county likes to prosecute the rich and protect their own regardless as to who is guilty or not.
As for the man in question on this post, I would let him watch my children. I still don't believe that a person's past reflects what their actions will be in the future.
In one case, the 'victim' admitted on the stand that she fabricated the whole story. There was no evidence to prove that the accused did the crime. The SANE nurse who did the exam even stated that there were no findings of any type of abuse. Even the CASA worker stated that the girl admitted that she made it all up.
Then, on the flip side, you have the people who were victims and had evidence of rape and abuse but the DA refused to prosecute. A woman was raped by a county worker. She made a report and place a protective order against him. The protective order was removed because the judge told her it was her fault, she deserved it because she let him into her home.
Our county likes to prosecute the rich and protect their own regardless as to who is guilty or not.
As for the man in question on this post, I would let him watch my children. I still don't believe that a person's past reflects what their actions will be in the future.
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