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Sexual Relations With a Runaway Minor

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  • 09-02-2015, 05:15 AM
    Travelingeast
    Sexual Relations With a Runaway Minor
    My question involves criminal law for the state of: Oklahoma. In October I was with as girl who was seventeen, I had to press assault and battery on her boyfriend, shes eighteen now and tells me if I don't drop the charges, she will tell the court I was harboring a dhs runaway and that's why they were both at my apartment, and might possibly mention our sexual relation, can this be brought up in this court, can I still be charged if it is brought up
  • 09-02-2015, 06:21 AM
    llworking
    Re: Can I Still Be Charged
    Quote:

    Quoting Travelingeast
    View Post
    My question involves criminal law for the state of: Oklahoma. In October I was with as girl who was seventeen, I had to press assault and battery on her boyfriend, shes eighteen now and tells me if I don't drop the charges, she will tell the court I was harboring a dhs runaway and that's why they were both at my apartment, and might possibly mention our sexual relation, can this be brought up in this court, can I still be charged if it is brought up

    How old were you at the time?
  • 09-02-2015, 06:32 AM
    flyingron
    Re: Can I Still Be Charged
    What difference does his age make? Anyway, harboring in this case is only a misdemeanor for the first offense. Still, Oklahoma gives the state three years to commence prosecution on these.

    Once a complaint is made to the police it is not the "victim" that decides whether charges are brought or not. It is society that is harmed by criminal behavior and the state is the "plaintiff."

    Oddly enough the police/prosecutors are not generally inclined to deal with recantations in DV situations.
  • 09-02-2015, 05:20 PM
    Who'sThatGuy
    Re: Can I Still Be Charged
    I believe that the age of consent in OK is 16, so an 18 year old could have consensual sex with a 17 year old. Harboring is another story.
  • 09-02-2015, 05:27 PM
    cbg
    Re: Can I Still Be Charged
    A clear example of why thinking with your nether regions is a poor idea.
  • 09-02-2015, 07:27 PM
    Taxing Matters
    Re: Sexual Relations With a Runaway Minor
    Quote:

    Quoting Travelingeast
    View Post
    My question involves criminal law for the state of: Oklahoma. In October I was with as girl who was seventeen, I had to press assault and battery on her boyfriend, shes eighteen now and tells me if I don't drop the charges, she will tell the court I was harboring a dhs runaway and that's why they were both at my apartment, and might possibly mention our sexual relation, can this be brought up in this court, can I still be charged if it is brought up

    Well, she could report the harboring of a runaway if she wanted. Whether the prosecutor will pursue that is anyone’s guess. Oklahoma statute section 21-856.2 makes harboring an “endangered runaway” a misdeameanor criminal offense punishable by a fine of up to $1,000 and/or up to a year in jail. An endangered runaway is a minor who is away from home for more than 72 hours without a compelling reason and without the consent of a parent or guardian.

    Evidently the age of consent for sex in Ok is 16. Thus, so long as she consented to any sexual activity it appears you would not face any rape charges.

    Her threat to report the crime and sexual activity unless you get the charges dropped might qualify as blackmail under Oklahoma statute § 21-1488. Thus, she’s running a risk that her efforts to help her boyfriend might backfire on her.

    You don’t control whether the DA drops the charges against the boyfriend. You may ask the DA to do it, but he or she doesn’t have to follow your wishes on that.

    This is one of those situations in which you all could end up facing criminal problems if you all intend to keep going with the threats and criminal complaints.
  • 09-02-2015, 08:06 PM
    Who'sThatGuy
    Re: Sexual Relations With a Runaway Minor
    Quote:

    Quoting Taxing Matters
    View Post
    [FONT=Garamond][SIZE=3]

    Her threat to report the crime and sexual activity unless you get the charges dropped might qualify as blackmail under Oklahoma statute § 21-1488. Thus, she’s running a risk that her efforts to help her boyfriend might backfire on her.
    ]

    And what about "18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant?"
  • 09-02-2015, 09:07 PM
    Taxing Matters
    Re: Sexual Relations With a Runaway Minor
    Quote:

    Quoting Who'sThatGuy
    View Post
    And what about "18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant?"

    That offense would not apply here because that section applies to tampering with witnesses, victims, or informants in proceedings and prosecutions by the federal government. All the activity here relates to state crimes and criminal proceedings, and states have their own laws regarding such things.
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