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Brother Charged With Lewd and Indecent Acts With a Minor Child

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  • 10-27-2007, 06:10 PM
    Little Sister
    Brother Charged With Lewd and Indecent Acts With a Minor Child
    We live in Oklahoma. My brother (age 35) was arrested last nite and released this am after posting 15,000 bond.
    He was charged with lewd and indecent acts with a minor child.
    Is this a felony or misdemeanor? His case number starts with CMI..doesn't that mean its a criminal misc charge?
    He was talking to a girl who was 14 on the internet...no physical contact was ever made...he never sent nude pictures or such but did have sex talk. She invited him over and he said yes but that he did not want to have sex.
    What can he be sentenced to minimum and maximum if he is found guilty.

    He knows he acted inapproriately so we dont need any comments on that...i would just like some answers not moral comments...Thanks :(

    Also, he was not read his miranda rights nor told his charges when he was arrested...he only found out from the bondsman what the charges were.
  • 10-27-2007, 06:45 PM
    Little Sister
    Re: Brother charged with lewd and indecent acts with a minor child..QUESTIONS!
    Actually found out the charge was lewd and indecent proposal to child under 16
  • 10-27-2007, 11:01 PM
    aaron
    Re: Brother charged with lewd and indecent acts with a minor child..QUESTIONS!
    Here's the most likely statute:
    Quote:

    Quoting Oklahoma Statutes §21-1123v2. Lewd or indecent proposals or acts as to child under 16 or person believed to be under 16 — Sexual battery
    A. It is a felony for any person to knowingly and intentionally:
    1. Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, for the child to have unlawful sexual relations or sexual intercourse with any person; or

    2. Look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any lewd or lascivious manner by any acts against public decency and morality, as defined by law; or

    3. Ask, invite, entice, or persuade any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child; or

    4. In any manner lewdly or lasciviously look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any indecent manner or in any manner relating to sexual matters or sexual interest; or

    5. In a lewd and lascivious manner and for the purpose of sexual gratification:
    a. urinate or defecate upon a child under sixteen (16) years of age,

    b. ejaculate upon or in the presence of a child,

    c. cause, expose, force or require a child to look upon the body or private parts of another person,

    d. force or require any child under sixteen (16) years of age or other individual the person believes to be a child under sixteen (16) years of age, to view any obscene materials, child pornography or materials deemed harmful to minors as such terms are defined by Sections 1024.1 and 1040.75 of this title,

    e. cause, expose, force or require a child to look upon sexual acts performed in the presence of the child, or

    f. force or require a child to touch or feel the body or private parts of said child or another person.
    Any person convicted of any violation of this subsection shall be punished by imprisonment in the custody of the Department of Corrections for not less than three (3) years nor more than twenty (20) years. The provisions of this subsection shall not apply unless the accused is at least three (3) years older than the victim. Any person convicted of a second or subsequent violation of this subsection shall be guilty of a felony punishable as provided in this subsection and shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of this subsection shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court. Any person convicted of a violation of this subsection after having been twice convicted of a violation of subsection A of Section 1114 of this title, Section 888 of this title, sexual abuse of a child pursuant to Section 7115 of Title 10 of the Oklahoma Statutes, or of any attempt to commit any of these offenses or any combination of convictions pursuant to these sections shall be punished by imprisonment in the custody of the Department of Corrections for a term of life or life without parole.

    B. No person shall commit sexual battery on any other person. “Sexual battery” shall mean the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner and without the consent of that person or when committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state.

    C. Any person convicted of a violation of subsection B of this section shall be deemed guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for not more than ten (10) years.

    D. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense pursuant to this section shall not constitute a defense to a prosecution under this section.

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