Legal Guidance on Defending Molestation Charges
Let’s talk about lewd molestation. Hi, my name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to talk to you about the charge of lewd molestation and how that applies to you, or hopefully, it doesn’t.
But let’s say, for example, that you’re facing this particular charge. It can be somewhat challenging to defend. Most often, it’s the unwanted, unsolicited, unlawful, improper touching of a minor, whether it’s your kid, someone else’s kid, in a lewd and lascivious manner.
The Nature of the Charge
Lewd and lascivious manner in this case means that it happens frequently, recurringly, or in an inappropriate way. Now, some people might think, okay, well, maybe I can defend this case. Let’s say I’m accused of having done something, but it wasn’t for sexual gratification. It was just harmless, innocent play, like locker room play.
Guys act stupid in locker rooms, give each other crap, and all that. Okay, that’s a whole separate issue, and it doesn’t change the fact that when you’re dealing with minors, you cannot be doing that. The elements of the crime, the definition of the crime, it’s pretty cut and dried.
Legal Precautions and Advice
Any sort of inappropriate touching, regardless of your motivation, irrespective of whether or not you got any sort of gross gratification out of it, just cannot be done. It cannot be done. It should not be done, and if it is being done, you’re likely to face charges for it.
There are ways that it can be defended, but that doesn’t necessarily mean that it’s a slam-dunk guarantee that you can defend these cases, and they’re tricky, because if you’re dealing with kids, then it’s going to be harder to put on your defense. After all, you’re dealing with children. There are extra steps that are put in place specifically to protect children from having to testify in these types of situations.
Stay Cautious and Informed
So I realize that this is probably the biggest no-brainer piece of legal advice I could ever give in my life, but just don’t touch kids. Like, don’t, you know, don’t even like get near that line. If you’re playing with them, roughhousing, wrestling, whatever, stay as far away from that line as you can get, and if you even have the slightest question of whether or not it is or is not appropriate, just don’t do it.
It’s not worth it. You don’t want to pick up this charge. It’s not fun to fight, and ultimately, it’s going to make your life a living nightmare in the interim. If you have questions about this or maybe if you’re facing these charges, give me a call.
Contact Us for a Low-Cost Initial Strategy Session
I want to see if we can help you out. I want to see if we can help you navigate your way through this. My name is Carl Birkhead. I’m a Tulsa sex crime attorney with Wirth Law Office, and I want to help you make law easy. Call us at 918-879-1681. Let’s ensure you have the support and guidance you need.
