85% Crimes
Is indecent proposal to a child an 85% crime? I am Tulsa Attorney James Wirth. This question is currently being debated in the state of Oklahoma. In Oklahoma, there are certain crimes that are classified as 85% crimes, meaning that offenders must serve at least 85% of their sentence before being eligible for parole. These crimes are listed in Title 21, section 13.1, and include serious offenses such as lewd molestation of a child.
However, the specific issue at hand is whether indecent proposal to a child falls under the category of an 85% crime. The Oklahoma Court of Criminal Appeals recently addressed this question in the case of Washburn v. State of Oklahoma 2024, OK CR 9. The majority of judges ruled that indecent proposal to a child should be considered an 85% crime, while two judges dissented, arguing that the statute does not clearly include this offense.
The Debate Over Indecent Proposal to a Child
One of the dissenting judges, Judge Rowland, highlighted the importance of interpreting criminal laws strictly against the state and in favor of the accused. He argued that the 85% rule should only apply to crimes that are clearly specified in the statute, and that indecent proposal to a child may not meet this criteria. This debate raises important questions about how criminal laws should be interpreted in Oklahoma.
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