Sentencing in Oklahoma 9th Edition

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    Chapter 18. Non-85% sex crimes, crimes against children, and kidnapping

    18.1 child endangerment

    OSMA24 Class B6, 21 O.S.Supp.2024 § 20K

    1. 1st, or unenhanced, offense1
      1. ≤ 4 years imprisonment
      2. ≤ $5,000 fine
      3. or both fine and imprisonment
    2. After 1 prior felony conviction2
      1. ≤ 10 years imprisonment
      2. ≤ $10,000 fine
    3. After 2 or more prior felony convictions3
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    18.2 enticing or taking away children (“child stealing”)

    OSMA24 Class B4, 21 O.S.Supp.2024 § 20I

    1. 1st, or unenhanced, offense4
      1. ≤ 10 years imprisonment
      2. ≤ $10,000 fine
      3. except for life or life without parole, if sentenced to ≥ 2 years, and offense involved sexual abuse or exploitation, ≥ 3 years post-imprisonment DOC supervision
    2. After 1 prior felony conviction5
      1. minimum: 2 years imprisonment
      2. maximum: life imprisonment
      3. except for life or life without parole, if sentenced to ≥ 2 years, and offense involved sexual abuse or exploitation, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $10,000 fine
    3. After 2 or more prior felony convictions6
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. except for life or life without parole, if sentenced to ≥ 2 years, and offense involved sexual abuse or exploitation, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $10,000 fine

    18.3 failure to register as a sex offender

    OSMA24 Class B5, 21 O.S.Supp.2024 § 20J

    1. 1st, or unenhanced offense7
      1. ≤ 5 years imprisonment
      2. ≤ $5,000 fine
      3. or both fine and imprisonment 
    2. After 1 prior felony conviction8
      1. ≤ 10 years imprisonment
      2. ≤ $5,000 fine
    3. After 2 or more prior felony convictions9
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $5,000 fine

    18.4 incest

    OSMA24 Class B4, 21 O.S.Supp.2024 § 20I

    1. 1st, or unenhanced, offense10
      1. ≤ 10 years imprisonment
      2. ≤ $10,000 fine
      3. except for life, if sentenced to ≥ 2 years, ≥ 3 years post-imprisonment DOC supervision
    2. After 1 prior felony conviction11
      1. minimum: 2 years imprisonment
      2. maximum: life imprisonment
      3. except for life, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $ 10,000 fine
    3. After 2 or more prior felony convictions12
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. except for life, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $ 10,000 fine

    18.5 indecent exposure

    OSMA24 Class B4, 21 O.S.Supp.2024 § 20I

    1. 1st, or unenhanced, offense13
      1. minimum: 30 days imprisonment
      2. maximum: 10 years imprisonment
      3. ineligible for a deferred sentence
      4. $500-$20,000 fine
    2. After 1 prior felony conviction14
      1. minimum: 60 days imprisonment
      2. maximum: life imprisonment
      3. ineligible for a deferred sentence
      4. $500-$20,000 fine
    3. After 2 or more prior felony convictions15
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ineligible for a deferred sentence
      4. $500-$20,000 fine

    18.6 kidnapping

    OSMA24 Class B2, 21 O.S.Supp.2024 § 20G

    1. 1st, or unenhanced, offense16
      1. ≤ 20 years imprisonment
      2. ≤ $10,000 fine
      3. except for life, ≥ 3 years post-imprisonment DOC supervision
    2. After 1 prior felony conviction17
      1. minimum: 2 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $ 10,000 fine
      4. except for life, ≥ 3 years post-imprisonment DOC supervision
    3. After 2 or more prior felony convictions18
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $ 10,000 fine 
      4. except for life, ≥ 3 years post-imprisonment DOC supervision

    18.7 kidnapping for extortionate purposes

    OSMA24 Class A1, 21 O.S.Supp.2024 § 20C

    1. 1st, or unenhanced, offense19
      1. minimum: 10 years imprisonment
      2. non-capital maximum: life imprisonment
      3. maximum: death (probably unconstitutional)
      4. ≤ $ 10,000 fine
    2. After 1 prior felony conviction20
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $ 10,000 fine
    3. After 2 or more prior felony convictions21
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $ 10,000 fine

    18.8 prostitution (misdemeanor)22

    1. minimum: 30 days in jail
    2. maximum: 1 year in jail
    3. or fine in the amount of
      1. ≤ $2,500 for second conviction
      2. ≤ $5,000 for second conviction
      3. ≤ $7,500 for third conviction
      4. or both fine and imprisonment
      5. 40 to 80 hours of community service
    4. With knowledge of infection with HIV (a felony)23
    5. OSMA24 Class D1, 21 O.S.Supp.2024 § 20N
      1. 1st, or unenhanced offense
        1. ≤ 5 years imprisonment
        2. ≤ $10,000 fine
    6. With knowledge of infection with HIV, after 1 prior felony conviction24
      1. ≤ 10 years imprisonment
      2. ≤ $10,000 fine
    7. With knowledge of infection with HIV, after 2 or more prior felony convictions25
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    8. Within 1,000 feet of a school or church (a felony)26
    9. OSMA24 Class D1, 21 O.S.Supp.2024 § 20N
    • 1st, or unenhanced, offense
      1. ≤ 5 years imprisonment
      2. or fine in the amount of
        1. ≤ $2,500 for second conviction
        2. ≤ $5,000 for second conviction
        3. ≤ $7,500 for third conviction
      3. or both fine and imprisonment
      4. 40 to 80 hours of community service

    18.9 2nd degree rape

    OSMA24 Class B2, 21 O.S.Supp.2024 § 20G

    1. 1st, or unenhanced, offense27
      1. minimum: 1 year imprisonment
      2. maximum 15 years imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction28
    3. OSMA24 Class B4, 21 O.S.Supp.2024 § 20I
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    4. After 2 or more prior felony convictions29
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    18.10 sexual battery

    OSMA24 Class B4, 21 O.S.Supp.2024 § 20I

    1. 1st, or unenhanced, offense30
      1. ≤ 10 years imprisonment
      2. ≤ $10,000 fine
      3. except for life, if sentenced to ≥ 2 years, ≥ 3 years post-imprisonment DOC supervision
    2. After 1 prior felony conviction31
      1. minimum: 2 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $ 10,000 fine
      4. except for life, ≥ 3 years post-imprisonment DOC supervision
    3. After 2 or more prior felony convictions32
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $ 10,000 fine
      4. except for life, ≥ 3 years post-imprisonment DOC supervision

    18.11 sex offender residing within 2,000 feet of prohibited area,33 or with a prohibited34 minor

    OSMA24 Class B5, 21 O.S.Supp.2024 § 20J

    1. 1st, or unenhanced, offense35
      1. minimum: 1 years imprisonment
      2. maximum: 3 years imprisonment
      3. ≤ $3,000 fine
      4. or both fine and imprisonment
    2. After 1 prior (non- § 590) felony conviction36
      1. ≤ 10 years imprisonment
      2. ≤ $ 3,000 fine
    3. After 2 or more prior (non-§ 590) felony convictions37
      1. minimum: 3 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $ 3,000 fine
    4. Second or subsequent violation of § 590
    5. OSMA24 Class B2, 21 O.S.Supp.2024 § 20G
      1. minimum: 3 years imprisonment38
      2. maximum: life imprisonment
      3. ≤ $3,000 fine
      4. or both fine and imprisonment
    6. Second or subsequent violation of § 590, after 1 prior felony conviction39
      1. minimum: 6 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $ 3,000 fine
    7. Second or subsequent violation of § 590, after 2 or more prior felony convictions40
      1. minimum: 9 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $ 3,000 fine

    18.12 failure to comply with sex offender GPS monitoring guidelines

    OSMA24 Class B5, 21 O.S.Supp.2024 § 20J

    1. ≤ 1 year in county jail41
    2. ≤ $1,000.00 fine

    18.13 sex offender loitering or making unauthorized entry within zone42 of safety

    OSMA24 Class D1, 21 O.S.Supp.2024 § 20N

    1. 1st, or unenhanced, offense
      1. ≤ 1 year in county jail
      2. ≤ $2,500.00 fine
      3. or both fine and imprisonment
    2. Second or subsequent violation of § 112543
      1. minimum: 3 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $2,500.00 fine
      4. or both fine and imprisonment
    3. Second or subsequent violation of § 1125, after 1 prior felony conviction44
      1. minimum: 6 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $2,500.00 fine
      4. or both fine and imprisonment
    4. Second or subsequent violation of § 1125, after 2 or more prior felony convictions45
      1. minimum: 9 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $2,500.00 fine
      4. or both fine and imprisonment

    References

    1. 21 O.S.2021, § 852.1  ↩︎
    2. 21 O.S.2021, § 51.1(A)(3) ↩︎
    3. 21 O.S.2021, § 51.1(C) ↩︎
    4. 21 O.S.2021, § 891  ↩︎
    5. 21 O.S.2021, § 51.1(A)(2) ↩︎
    6. 21 O.S.2021, § 51.1(C) ↩︎
    7. 57 O.S.2021, § 587 ↩︎
    8. 21 O.S.2021, § 51.1(A)(3) ↩︎
    9. 21 O.S.2021, §§ 51.1(C) ↩︎
    10. 21 O.S.2021, § 885 ↩︎
    11. 21 O.S.2021, §§ 51.1(A)(2) ↩︎
    12. 21 O.S.2021, §§ 51.1(C) ↩︎
    13. Indecent exposure under 21 O.S.2021, § 1021 (except for public urination without other indecent exposure in violation of the statute) is subject to sex offender registration by operation of 57 O.S.2021, § 582(A)-(C); and by virtue of this registration requirement is also ineligible for deferred judgment under 22 O.S.2021, § 991c(G). The prohibition on deferred judgment is also expressly provided in § 1021(D).  ↩︎
    14. 21 O.S.2021, § 51.1(A)(2) ↩︎
    15. 21 O.S.2021, § 51.1(C) ↩︎
    16. 21 O.S.2021, § 741 ↩︎
    17. 21 O.S.2021, §§ 51.1(A)(2) ↩︎
    18. 21 O.S.2021, §§ 51.1(C) ↩︎
    19. 21 O.S.2021, § 745. Capital punishment for this crime is probably unconstitutional. Kennedy v. Louisiana, 554 US 407 (2008). ↩︎
    20. 21 O.S.2021, §§ 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    21. 21 O.S.2021, §§ 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    22. The penalties given generally cover the acts prohibited in 21 O.S.2021, §§ 1028, 1029, and 1030 (though § 1030 contains definitions of terms and doesn’t prohibit anything), except for child prostitution. These include the maintaining, operating, and leasing of houses and other structures, as well as transporting and procuring others for the purposes of prostitution as prohibited in § 1028; as well as the traditional substantive crimes of engaging in, soliciting, or offering to engage, or residing in a place with the intent to engage in acts of lewdness or prostitution. ↩︎
    23. 21 O.S.2021, § 1031(B) ↩︎
    24. 21 O.S.2021, § 51.1(A)(3) ↩︎
    25. 21 O.S.2021, § 51.1(C) ↩︎
    26. 21 O.S.2021, § 1031(D). No enhancements of the term of imprisonment for the “within 1,000 feet” crimes are given here, because § 1031(D) provides either a term of imprisonment, or a fine in the applicable amount, or both, even for repeat offenses.  ↩︎
    27. 21 O.S.2021, § 1116  ↩︎
    28. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    29. 21 O.S.2021, §§ 51.1(B) ↩︎
    30. 21 O.S.Supp.2022, § 1123(D), (E) ↩︎
    31. 21 O.S.2021, §§ 51.1(A)(2) ↩︎
    32. 21 O.S.2021, §§ 51.1(C) ↩︎
    33. Any public or private school site, educational institution, property or campsite used by an organization whose primary purpose is working with children, a playground or park that is established, operated or supported in whole or in part by a homeowners’ association or a city, town, county, State, federal or tribal government, or a licensed child care center, or the residence of his or her victim. 57 O.S.2021, § 590(A) ↩︎
    34. Residing with a minor is not prohibited if the sex offender is the parent, step-parent or grandparent of the minor child, and the child was not the victim of the crime for which the person is registered. 57 O.S.2021, § 590(B) ↩︎
    35. 57 O.S.2021, § 590(D) ↩︎
    36. 21 O.S.2021, § 51.1(A)(3) ↩︎
    37. 21 O.S.2021, §§ 51.1(C) ↩︎
    38. 57 O.S.2021, §§ 590(D) ↩︎
    39. 21 O.S.2021, §§ 51.1(A)(2), treating the second or subsequent § 590 offense as a first offense and doubling the minimum 3 year term, as done throughout this book when similar section-specific enhancements are mixed with other prior convictions. See, e.g., McIntosh v. St., 2010 OK CR 17, ¶ ¶ 7-9 (using base penalty for drug possession with intent to distribute, doubling the base penalty due to trafficking amount, and tripling the enhanced sentence due to other, non-drug prior felonies under 21 O.S.2021, §§ 51.1(C)).  ↩︎
    40. 21 O.S.2021, §§ 51.1(C), treating the second or subsequent § 1125 offense as a first offense and tripling the minimum 3 year term. ↩︎
    41. 57 O.S.2021,§ 587(B) ↩︎
    42. Any elementary, junior high and high schools, permitted or licensed child care centers as defined by the Department of Human Services, playgrounds, or parks or the residence of a victim of a sex crime. O.S.L.2018, Ch. 38(2), amending 21 O.S.2021, § 1125.  ↩︎
    43. 21 O.S.2021, §§ 51.1(A)(2), treating the second or subsequent § 1125 offense as a first offense and doubling the minimum 3 year term, as done throughout this book when similar section-specific enhancements are mixed with other prior convictions.  ↩︎
    44. 21 O.S.2021, §§ 51.1(A)(2), treating the second or subsequent § 1125 offense as a first offense and doubling the minimum 3 year term, as done throughout this book when similar section-specific enhancements are mixed with other prior convictions.  ↩︎
    45. 21 O.S.2021, §§ 51.1(C), treating the second or subsequent § 1125 offense as a first offense and tripling the minimum 3 year term. ↩︎