Child Sexual Exploitation Defined
Child sexual exploitation is a form of child abuse that is sexual in nature. Oklahoma law expressly forbids it. All child abuse is treated harshly in Oklahoma. Prison terms can be stiff. This is especially so with child sexual exploitation. Here is what you need to understand about the crime and how it is handled in Tulsa, Oklahoma.
Child sexual exploitation is the willful or malicious sexual exploitation of a child under the age of 18. It includes but is not limited to actions such as allowing, permitting, or encouraging a child to engage in prostitution, or the lewd, obscene or pornographic photographing, filming, or depicting of that child by another (Okla. Stat. tit. 21 § 843.5). This also includes all sorts of sexual trafficking of a child.
In this context, “malicious” does not mean evil. Rather, it means a wish to vex, annoy, or injure another person (Okla. Stat. tit. 21 § 95).
The term “willfully” when applied to the intent with which an act is done or omitted implies a purpose or willingness to commit the act or the omission referred to. It does not require any intent to violate the law, or injure another, or acquire any advantage (Okla. Stat. tit. 21 § 95).
The crime of child sexual exploitation is a felony in Oklahoma. If you’re facing these charges, it’s crucial that you reach out to a Tulsa defense attorney as soon as possible.
Penalties
The law provides alternative possible incarceration sentences. If sentenced to prison, the maximum sentence is life in prison. If sentenced to the county jail, the maximum sentence is one year. In addition, if convicted, an inmate could face a fine between $500 and $5,000.
If the child involved is under 12, a defendant can face 25 years to life in prison in addition to possible fines (Okla. Stat. tit. 21 § 95).
The crime is subject to the 85% Rule. That means that, if convicted, a defendant must serve at least 85% of his or her sentence before becoming eligible for parole (Okla. Stat. tit. 21 § 13.1).
If you’ve been charged with child sexual exploitation, your best option for avoiding these penalties is to get in touch with a Tulsa sex crimes attorney today.
Permitting or Enabling Child Sexual Exploitation is a Felony
Any parent or caretaker who enables or permits the child sexual exploitation of a child in their care is as guilty as the perpetrator who actually commits sexual abuse or exploitation. “Enabling” in this context means causing, procuring, or permitting a willful or malicious act of child sexual exploitation.
“Permitting ” in this context means to authorize or allow for the care of a child by an individual when the parent or caretaker knows or reasonably should know that the child will be placed at risk of sexual exploitation. Thus, if a parent places their child in the care of someone that they either know or reasonably should know places their child at risk of sexual exploitation, the parent could be charged.
This standard is somewhat ambiguous and vague, and attorneys often build defenses on ambiguity. If a parent knows that the person is involved in the sex trade, even peripherally, that would be enough to satisfy this burden.
However, if the friend has never told the parent of their involvement, and the parent has no other facts that lead to a conclusion of their involvement, then a reasonable person in those circumstances may not have enough information to know of the risk.
If you’re facing charges of permitting or enabling child sexual exploitation, you should get help from a Tulsa defense attorney right away.
Sex Offender Registration
Because this is a sex crime, upon completion of a sentence and release, a defendant must register with the State of Oklahoma as a sex offender on the state registry list. Child sexual exploitation is a level 3 offense that requires registration for life. This means that you must verify your address every 90 days for the rest of your life. This also limits where you will be able to live and work.
These crimes are treated seriously and, if you are convicted, you could spend years in prison. It is imperative that if you or a loved one are facing charges, you hire experienced help as soon as possible. A Tulsa sex crimes attorney can make the difference between freedom and years of incarceration. It’s best to explore your defenses early with your attorney. Don’t wait any longer.
Strategy Session with a Tulsa Sex Crimes Attorney
If you’re being charged with the crime of child sexual exploitation, you need skilled representation from a criminal defense attorney. To schedule your initial strategy session with a sex crimes attorney, call Wirth Law Office – Tulsa at 918-879-1681. You may also submit the question form at the top right of this page. Get the help you need today.
