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Oklahoma Legislature· HB 1995Approved by Governor 05/06/2025

An act relating to crimes and punishments, the official text

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1                            STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1995               By: Turner

4

5

6                            AS INTRODUCED

7   An Act relating to crimes and punishments; amending

    21 O.S. 2021, Sections 1111, as last amended by

8   Section 8, Chapter 452, O.S.L. 2024, and 1123, as

    last amended by Section 33, Chapter 59, O.S.L. 2024

9   (21 O.S. Supp. 2024, Sections 1111 and 1123), which

    relate to definitions of sex crimes; designating

10  school resource officers as employees of a school

    system; and declaring an emergency.

11

12

13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

14  SECTION 1.      AMENDATORY  21 O.S. 2021, Section 1111, as

15 last amended by Section 8, Chapter 452, O.S.L. 2024 (21 O.S. Supp.

16 2024, Section 1111), is amended to read as follows:

17  Section 1111. A. Rape is an act of sexual intercourse

18 involving vaginal or anal penetration accomplished with a male or

19 female within or without the bonds of matrimony who may be of the

20 same or the opposite sex as the perpetrator under any of the

21 following circumstances:

22  1. Where the victim is under sixteen (16) years of age;

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    Req. No. 11793                                               Page 1
1   2. Where the victim is incapable through mental illness or any

2 other unsoundness of mind, whether temporary or permanent, of giving

3 legal consent;

4   3. Where force or violence is used or threatened, accompanied

5 by apparent power of execution to the victim or to another person;

6   4. Where the victim is intoxicated by a narcotic or anesthetic

7 agent, administered by or with the privity of the accused as a means

8 of forcing the victim to submit;

9   5. Where the victim is at the time unconscious of the nature of

10 the act and this fact is known to the accused;

11  6. Where the victim submits to sexual intercourse under the

12 belief that the person committing the act is a spouse, and this

13 belief is induced by artifice, pretense, or concealment practiced by

14 the accused or by the accused in collusion with the spouse with

15 intent to induce that belief. In all cases of collusion between the

16 accused and the spouse to accomplish such act, both the spouse and

17 the accused, upon conviction, shall be deemed guilty of rape;

18  7. Where the victim is under the legal custody or supervision

19 of a state agency, a federal agency, a county, a municipality or a

20 political subdivision and engages in sexual intercourse with a

21 state, federal, county, municipal or political subdivision employee

22 or an employee of a contractor of the state, the federal government,

23 a county, a municipality or a political subdivision that exercises

24 authority over the victim, or the subcontractor or employee of a

    Req. No. 11793                                                  Page 2
1 subcontractor of the contractor of the state or federal government,

2 a county, a municipality or a political subdivision that exercises

3 authority over the victim;

4   8. Where the victim is at least sixteen (16) years of age and

5 is less than twenty (20) years of age and is a student, or under the

6 legal custody or supervision of any public or private elementary or

7 secondary school, junior high or high school, or public vocational

8 school, and engages in sexual intercourse with a person who is

9 eighteen (18) years of age or older and is an employee of a school

10 system. For purposes of this section, "employee of a school system"

11 shall include employed and contracted school resource officers;

12  9. Where the victim is nineteen (19) years of age or younger

13 and is in the legal custody of a state agency, federal agency or

14 tribal court and engages in sexual intercourse with a foster parent

15 or foster parent applicant; or

16  10. Where the victim is a student at a secondary school, is

17 concurrently enrolled at an institution of higher education, and

18 engages in acts pursuant to this subsection with a perpetrator who

19 is an employee of the institution of higher education of which the

20 victim is enrolled.

21  B. "Employee of an institution of higher education", for

22 purposes of this section, means faculty, adjunct faculty,

23 instructors, volunteers, or an employee of a business contracting

24 with an institution of higher education who may exercise, at any

    Req. No. 11793                                                Page 3
1 time, institutional authority over the victim. Employee of an

2 institution of higher education shall not include an enrolled

3 student who is not more than three (3) years of age or older than

4 the concurrently enrolled student and who is employed or

5 volunteering, in any capacity, for the institution of higher

6 education.

7   SECTION 2.         AMENDATORY  21 O.S. 2021, Section 1123, as

8 last amended by Section 33, Chapter 59, O.S.L. 2024 (21 O.S. Supp.

9 2024, Section 1123), is amended to read as follows:

10  Section 1123. A. It is a felony for any person to knowingly

11 and intentionally:

12  1. Make any oral, written or electronically or computer-

13 generated lewd or indecent proposal to any child under sixteen (16)

14 years of age, or other individual the person believes to be a child

15 under sixteen (16) years of age, for the child to have unlawful

16 sexual relations or sexual intercourse with any person;

17  2. Look upon, touch, maul, or feel the body or private parts of

18 any child under sixteen (16) years of age in any lewd or lascivious

19 manner by any acts against public decency and morality, as defined

20 by law;

21  3. Ask, invite, entice, or persuade any child under sixteen

22 (16) years of age, or other individual the person believes to be a

23 child under sixteen (16) years of age, to go alone with any person

24 to a secluded, remote, or secret place, with the unlawful and

    Req. No. 11793                                                Page 4
1 willful intent and purpose then and there to commit any crime

2 against public decency and morality, as defined by law, with the

3 child;

4   4. In any manner lewdly or lasciviously look upon, touch, maul,

5 or feel the body or private parts of any child under sixteen (16)

6 years of age in any indecent manner or in any manner relating to

7 sexual matters or sexual interest; or

8   5. In a lewd and lascivious manner and for the purpose of

9 sexual gratification:

10        a. urinate or defecate upon a child under sixteen (16)

11        years of age, or force or require a child to defecate

12        or urinate upon the body or private parts of another,

13        or for the purpose of sexual gratification,

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

15        c. cause, expose, force or require a child to look upon

16        the body or private parts of another person,

17        d. force or require any child under sixteen (16) years of

18        age or other individual the person believes to be a

19        child under sixteen (16) years of age, to view any

20        obscene materials, child sexual abuse material or

21        materials deemed harmful to minors as such terms are

22        defined by Sections 1024.1 and 1040.75 of this title,

23        e. cause, expose, force or require a child to look upon

24        sexual acts performed in the presence of the child, or

    Req. No. 11793                                               Page 5
1  f. force or require a child to touch or feel the body or

2  private parts of the child or another person.

3  Any person convicted of any violation of this subsection shall

4 be punished by imprisonment in the custody of the Department of

5 Corrections for not less than three (3) years nor more than twenty

6 (20) years, except when the child is under twelve (12) years of age

7 at the time the offense is committed, and in such case the person

8 shall, upon conviction, be punished by imprisonment in the custody

9 of the Department of Corrections for not less than twenty-five (25)

10 years. The provisions of this subsection shall not apply unless the

11 accused is at least three (3) years older than the victim, except

12 when accomplished by the use of force or fear. Except as provided

13 in Section 51.1a of this title, any person convicted of a second or

14 subsequent violation of this subsection shall be guilty of a felony

15 punishable as provided in this subsection and shall not be eligible

16 for probation, suspended or deferred sentence. Except as provided

17 in Section 51.1a of this title, any person convicted of a third or

18 subsequent violation of this subsection shall be guilty of a felony

19 punishable by imprisonment in the custody of the Department of

20 Corrections for a term of life or life without parole, in the

21 discretion of the jury, or in case the jury fails or refuses to fix

22 punishment then the same shall be pronounced by the court. Any

23 person convicted of a violation of this subsection after having been

24 twice convicted of a violation of subsection A of Section 1114 of

   Req. No. 11793                                                  Page 6
1 this title, Section 888 of this title, sexual abuse of a child

2 pursuant to Section 843.5 of this title, or of any attempt to commit

3 any of these offenses or any combination of convictions pursuant to

4 these sections shall be punished by imprisonment in the custody of

5 the Department of Corrections for a term of life or life without

6 parole.

7   B. No person shall commit sexual battery on any other person.

8 "Sexual battery" shall mean the intentional touching, mauling or

9 feeling of the body or private parts of any person sixteen (16)

10 years of age or older, in a lewd and lascivious manner:

11  1. Without the consent of that person;

12  2. When committed by a state, county, municipal or political

13 subdivision employee or a contractor or an employee of a contractor

14 of the state, a county, a municipality or political subdivision of

15 this state upon a person who is under the legal custody, supervision

16 or authority of a state agency, a county, a municipality or a

17 political subdivision of this state, or the subcontractor or

18 employee of a subcontractor of the contractor of the state or

19 federal government, a county, a municipality or a political

20 subdivision of this state;

21  3. When committed upon a person who is at least sixteen (16)

22 years of age and is less than twenty (20) years of age and is a

23 student, or in the legal custody or supervision of any public or

24 private elementary or secondary school, or technology center school,

    Req. No. 11793                                                  Page 7
1 by a person who is eighteen (18) years of age or older and is an

2 employee of a school system;

3   4. When committed upon a person who is nineteen (19) years of

4 age or younger and is in the legal custody of a state agency,

5 federal agency or a tribal court, by a foster parent or foster

6 parent applicant; or

7   5. When the victim is a student at a secondary school, is

8 concurrently enrolled at an institution of higher education, and

9 engages in acts pursuant to this subsection with a perpetrator who

10 is an employee of the institution of higher education of which the

11 student is enrolled.

12  As used in this subsection, "employee of an institution of

13 higher education" means faculty, adjunct faculty, instructors,

14 volunteers, or an employee of a business contracting with an

15 institution of higher education who may exercise, at any time,

16 institutional authority over the victim. Employee of an institution

17 of higher education shall not include an enrolled student who is not

18 more than three (3) years of age or older than the concurrently

19 enrolled student and who is employed or volunteering, in any

20 capacity, for the institution of higher education.

21  As used in this subsection, "employee of a school system" means

22 a teacher, principal or other duly appointed person employed by a

23 school system or an employee of a firm contracting with a school

24 system, including a school resource officer.

    Req. No. 11793                                                  Page 8
1   C. No person shall in any manner lewdly or lasciviously:

2   1. Look upon, touch, maul, or feel the body or private parts of

3 any human corpse in any indecent manner relating to sexual matters

4 or sexual interest; or

5   2. Urinate, defecate or ejaculate upon any human corpse.

6   D. Any person convicted of a violation of subsection B or C of

7 this section shall be deemed guilty of a felony and shall be

8 punished by imprisonment in the custody of the Department of

9 Corrections for not more than ten (10) years.

10  E. The fact that an undercover operative or law enforcement

11 officer was involved in the detection and investigation of an

12 offense pursuant to this section shall not constitute a defense to a

13 prosecution under this section.

14  F. Except for persons sentenced to life or life without parole,

15 any person sentenced to imprisonment for two (2) years or more for a

16 violation of this section shall be required to serve a term of post-

17 imprisonment supervision pursuant to subparagraph f of paragraph 1

18 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes

19 under conditions determined by the Department of Corrections. The

20 jury shall be advised that the mandatory post-imprisonment

21 supervision shall be in addition to the actual imprisonment.

22  SECTION 3. It being immediately necessary for the preservation

23 of the public peace, health or safety, an emergency is hereby

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    Req. No. 11793                                                Page 9
1 declared to exist, by reason whereof this act shall take effect and

2 be in full force from and after its passage and approval.

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    Req. No. 11793                                           Page 10
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