Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 599 By: Hamilton
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to crimes and punishments; amending
7 21 O.S. 2021, Section 843.5, as amended by Section 2,
8 Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024, Section
8 843.5), which relates to child sexual abuse;
9 modifying requirements for imposition of certain
9 punishments; and providing an effective date.
10
10
11
11
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12
13 SECTION 1. AMENDATORY 21 O.S. 2021, Section 843.5, as
13
14 amended by Section 2, Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024,
14
15 Section 843.5), is amended to read as follows:
15
16 Section 843.5. A. Any person who shall willfully or
16
17 maliciously engage in child abuse, as defined in this section,
17
18 shall, upon conviction, be guilty of a felony punishable by
18
19 imprisonment in the custody of the Department of Corrections not
19
20 exceeding life imprisonment, or by imprisonment in a county jail not
20
21 exceeding one (1) year, or by a fine of not less than Five Hundred
21
22 Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),
22
23 or both such fine and imprisonment.
23
24
24
Req. No. 445 Page 1
1 B. Any person responsible for the health, safety or welfare of
1
2 a child who shall willfully or maliciously engage in enabling child
2
3 abuse, as defined in this section, shall, upon conviction, be
3
4 punished by imprisonment in the custody of the Department of
4
5 Corrections not exceeding life imprisonment, or by imprisonment in a
5
6 county jail not exceeding one (1) year, or by a fine of not less
6
7 than Five Hundred Dollars ($500.00) nor more than Five Thousand
7
8 Dollars ($5,000.00), or both such fine and imprisonment.
8
9 C. Any person responsible for the health, safety or welfare of
9
10 a child who shall willfully or maliciously engage in child neglect,
10
11 as defined in this section, shall, upon conviction, be punished by
11
12 imprisonment in the custody of the Department of Corrections not
12
13 exceeding life imprisonment, or by imprisonment in a county jail not
13
14 exceeding one (1) year, or by a fine of not less than Five Hundred
14
15 Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),
15
16 or both such fine and imprisonment.
16
17 D. Any parent or other person who shall willfully or
17
18 maliciously engage in enabling child neglect shall, upon conviction,
18
19 be punished by imprisonment in the custody of the Department of
19
20 Corrections not exceeding life imprisonment, or by imprisonment in a
20
21 county jail not exceeding one (1) year, or by a fine of not less
21
22 than Five Hundred Dollars ($500.00) nor more than Five Thousand
22
23 Dollars ($5,000.00), or both such fine and imprisonment.
23
24
24
Req. No. 445 Page 2
1 E. Any person responsible for the health, safety or welfare of
1
2 a child who shall willfully or maliciously engage in child sexual
2
3 abuse, as defined in this section, shall, upon conviction, be
3
4 punished by imprisonment in the custody of the Department of
4
5 Corrections not exceeding life imprisonment, or by imprisonment in a
5
6 county jail not exceeding one (1) year, or by a fine of not less
6
7 than Five Hundred Dollars ($500.00) nor more than Five Thousand
7
8 Dollars ($5,000.00), or both such fine and imprisonment, except as
8
9 provided in Section 51.1a of this title or as otherwise provided in
9
10 subsection F of this section for a child victim under twelve (12)
10
11 years of age. Except for persons sentenced to life or life without
11
12 parole, any person sentenced to imprisonment for two (2) years or
12
13 more for a violation of this subsection shall be required to serve a
13
14 term of post-imprisonment supervision pursuant to subparagraph f of
14
15 paragraph 1 of subsection A of Section 991a of Title 22 of the
15
16 Oklahoma Statutes under conditions determined by the Department of
16
17 Corrections. The jury shall be advised that the mandatory post-
17
18 imprisonment supervision shall be in addition to the actual
18
19 imprisonment.
19
20 F. Any person responsible for the health, safety or welfare of
20
21 a child who shall willfully or maliciously engage in child sexual
21
22 abuse, as defined in this section, to a child under twelve (12)
22
23 years of age shall, upon conviction, be punished by imprisonment in
23
24 the custody of the Department of Corrections for not less than
24
Req. No. 445 Page 3
1 twenty-five (25) years nor more than life imprisonment, and by a
1
2 fine of not less than Five Hundred Dollars ($500.00) nor more than
2
3 Five Thousand Dollars ($5,000.00).
3
4 G. Any parent or other person who shall willfully or
4
5 maliciously engage in enabling child sexual abuse shall, upon
5
6 conviction, be punished by imprisonment in the custody of the
6
7 Department of Corrections not exceeding life imprisonment, or by
7
8 imprisonment in a county jail not exceeding one (1) year, or by a
8
9 fine of not less than Five Hundred Dollars ($500.00) nor more than
9
10 Five Thousand Dollars ($5,000.00), or both such fine and
10
11 imprisonment.
11
12 H. Any person who shall willfully or maliciously engage in
12
13 child sexual exploitation, as defined in this section, shall, upon
13
14 conviction, be punished by imprisonment in the custody of the
14
15 Department of Corrections not exceeding life imprisonment, or by
15
16 imprisonment in a county jail not exceeding one (1) year, or by a
16
17 fine of not less than Five Hundred Dollars ($500.00) nor more than
17
18 Five Thousand Dollars ($5,000.00), or both such fine and
18
19 imprisonment, except as provided in subsection I of this section for
19
20 a child victim under twelve (12) years of age. Except for persons
20
21 sentenced to life or life without parole, any person sentenced to
21
22 imprisonment for two (2) years or more for a violation of this
22
23 subsection shall be required to serve a term of post-imprisonment
23
24 supervision pursuant to subparagraph f of paragraph 1 of subsection
24
Req. No. 445 Page 4
1 A of Section 991a of Title 22 of the Oklahoma Statutes under
1
2 conditions determined by the Department of Corrections. The jury
2
3 shall be advised that the mandatory post-imprisonment supervision
3
4 shall be in addition to the actual imprisonment.
4
5 I. Any person who shall willfully or maliciously engage in
5
6 child sexual exploitation, as defined in this section, of a child
6
7 under twelve (12) years of age shall, upon conviction, be punished
7
8 by imprisonment in the custody of the Department of Corrections for
8
9 not less than twenty-five (25) years nor more than life
9
10 imprisonment, and by a fine of not less than Five Hundred Dollars
10
11 ($500.00) nor more than Five Thousand Dollars ($5,000.00).
11
12 J. Any person responsible for the health, safety or welfare of
12
13 a child who shall willfully or maliciously engage in enabling child
13
14 sexual exploitation, as defined in this section, shall, upon
14
15 conviction, be punished by imprisonment in the custody of the
15
16 Department of Corrections not exceeding life imprisonment, or by
16
17 imprisonment in a county jail not exceeding one (1) year, or by a
17
18 fine of not less than Five Hundred Dollars ($500.00) nor more than
18
19 Five Thousand Dollars ($5,000.00), or both such fine and
19
20 imprisonment.
20
21 K. Notwithstanding any other provision of law, any person
21
22 convicted of forcible anal or oral sodomy, rape, rape by
22
23 instrumentation, or lewd molestation of a child under fourteen (14)
23
24 years of age subsequent to a previous conviction for any offense of
24
Req. No. 445 Page 5
1 forcible anal or oral sodomy, rape, rape by instrumentation, or lewd
1
2 molestation of a child under fourteen (14) years of age shall be
2
3 punished by death or by imprisonment for life without parole.
3
4 L. Provided, however, that nothing contained in this section
4
5 shall prohibit any parent or guardian from using reasonable and
5
6 ordinary force pursuant to Section 844 of this title.
6
7 M. Consent shall not be a defense for any violation provided
7
8 for in this section.
8
9 N. Notwithstanding the age requirements of other statutes
9
10 referenced within this section, this section shall apply to any
10
11 child under eighteen (18) years of age.
11
12 O. As used in this section:
12
13 1. "Child abuse" means:
13
14 a. the willful or malicious harm or threatened harm or
14
15 failure to protect from harm or threatened harm to the
15
16 health, safety or welfare of a child under eighteen
16
17 (18) years of age by a person responsible for a
17
18 child's health, safety or welfare, or
18
19 b. the act of willfully or maliciously injuring,
19
20 torturing or maiming a child under eighteen (18) years
20
21 of age by any person;
21
22 2. "Child neglect" means the willful or malicious neglect, as
22
23 defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, of
23
24
24
Req. No. 445 Page 6
1 a child under eighteen (18) years of age by a person responsible for
1
2 a child's health, safety or welfare;
2
3 3. "Child sexual abuse" means the willful or malicious sexual
3
4 abuse of a child under eighteen (18) years of age by a person
4
5 responsible for a child's health, safety or welfare and includes,
5
6 but is not limited to:
6
7 a. sexual intercourse,
7
8 b. penetration of the vagina or anus, however slight, by
8
9 an inanimate object or any part of the human body not
9
10 amounting to sexual intercourse,
10
11 c. sodomy,
11
12 d. incest, or
12
13 e. a lewd act or proposal, as defined in this section;
13
14 4. "Child sexual exploitation" means the willful or malicious
14
15 sexual exploitation of a child under eighteen (18) years of age by
15
16 another and includes, but is not limited to:
16
17 a. human trafficking, as provided for in Section 748 of
17
18 this title, if the offense involved child trafficking
18
19 for commercial sex,
19
20 b. trafficking in children, as provided for in Section
20
21 866 of this title, if the offense was committed for
21
22 the sexual gratification of any person,
22
23
23
24
24
Req. No. 445 Page 7
1 c. procuring or causing the participation of a minor in
1
2 child pornography, as provided for in Section 1021.2
2
3 of this title,
3
4 d. purchase, procurement or possession of child
4
5 pornography, as provided for in Section 1024.2 of this
5
6 title,
6
7 e. engaging in or soliciting prostitution, as provided
7
8 for in Section 1029 of this title, if the offense
8
9 involved child sex trafficking,
9
10 f. publication, distribution or participation in the
10
11 preparation of obscene material, as provided for in
11
12 Section 1040.8 of this title, if the offense involved
12
13 child pornography,
13
14 g. aggravated possession of child pornography, as
14
15 provided for in Section 1040.12a of this title,
15
16 h. sale or distribution of obscene material, as provided
16
17 for in Section 1040.13 of this title,
17
18 i. soliciting sexual conduct or communication with a
18
19 minor by use of technology, as provided for in Section
19
20 1040.13a of this title,
20
21 j. offering or transporting a child for purposes of child
21
22 sex trafficking, as provided for in Section 1087 of
22
23 this title, and
23
24
24
Req. No. 445 Page 8
1 k. child sex trafficking, as provided for in Section 1088
1
2 of this title;
2
3 5. "Enabling child abuse" means the causing, procuring or
3
4 permitting of child abuse by a person responsible for a child's
4
5 health, safety or welfare;
5
6 6. "Enabling child neglect" means the causing, procuring or
6
7 permitting of child neglect by a person responsible for a child's
7
8 health, safety or welfare;
8
9 7. "Enabling child sexual abuse" means the causing, procuring
9
10 or permitting of child sexual abuse by a person responsible for a
10
11 child's health, safety or welfare;
11
12 8. "Enabling child sexual exploitation" means the causing,
12
13 procuring or permitting of child sexual exploitation by a person
13
14 responsible for a child's health, safety or welfare;
14
15 9. "Incest" means marrying, committing adultery or fornicating
15
16 with a child by a person responsible for the health, safety or
16
17 welfare of a child;
17
18 10. "Lewd act or proposal" means:
18
19 a. making any oral, written or electronic or computer-
19
20 generated lewd or indecent proposal to a child for the
20
21 child to have unlawful sexual relations or sexual
21
22 intercourse with any person,
22
23
23
24
24
Req. No. 445 Page 9
1 b. looking upon, touching, mauling or feeling the body or
1
2 private parts of a child in a lewd or lascivious
2
3 manner or for the purpose of sexual gratification,
3
4 c. asking, inviting, enticing or persuading any child to
4
5 go alone with any person to a secluded, remote or
5
6 secret place for a lewd or lascivious purpose,
6
7 d. urinating or defecating upon a child or causing,
7
8 forcing or requiring a child to defecate or urinate
8
9 upon the body or private parts of another person for
9
10 the purpose of sexual gratification,
10
11 e. ejaculating upon or in the presence of a child,
11
12 f. causing, exposing, forcing or requiring a child to
12
13 look upon the body or private parts of another person
13
14 for the purpose of sexual gratification,
14
15 g. causing, forcing or requiring any child to view any
15
16 obscene materials, child pornography or materials
16
17 deemed harmful to minors as such terms are defined in
17
18 Sections 1024.1 and 1040.75 of this title,
18
19 h. causing, exposing, forcing or requiring a child to
19
20 look upon sexual acts performed in the presence of the
20
21 child for the purpose of sexual gratification, or
21
22 i. causing, forcing or requiring a child to touch or feel
22
23 the body or private parts of the child or another
23
24 person for the purpose of sexual gratification;
24
Req. No. 445 Page 10
1 11. "Permit" means to authorize or allow for the care of a
1
2 child by an individual when the person authorizing or allowing such
2
3 care knows or reasonably should know that the child will be placed
3
4 at risk of the conduct or harm proscribed by this section;
4
5 12. "Person responsible for a child's health, safety or
5
6 welfare" for purposes of this section shall include, but not be
6
7 limited to:
7
8 a. the parent of the child,
8
9 b. the legal guardian of the child,
9
10 c. the custodian of the child,
10
11 d. the foster parent of the child,
11
12 e. a person eighteen (18) years of age or older with whom
12
13 the parent of the child cohabitates, who is at least
13
14 three (3) years older than the child,
14
15 f. any other person eighteen (18) years of age or older
15
16 residing in the home of the child, who is at least
16
17 three (3) years older than the child,
17
18 g. an owner, operator, agent, employee or volunteer of a
18
19 public or private residential home, institution,
19
20 facility or day treatment program, as defined in
20
21 Section 175.20 of Title 10 of the Oklahoma Statutes,
21
22 that the child attended,
22
23 h. an owner, operator, agent, employee or volunteer of a
23
24 child care facility, as defined in Section 402 of
24
Req. No. 445 Page 11
1 Title 10 of the Oklahoma Statutes, that the child
1
2 attended,
2
3 i. an intimate partner of the parent of the child, as
3
4 defined in Section 60.1 of Title 22 of the Oklahoma
4
5 Statutes, or
5
6 j. a person who has voluntarily accepted responsibility
6
7 for the care or supervision of a child;
7
8 13. "Sexual intercourse" means the actual penetration, however
8
9 slight, of the vagina or anus by the penis; and
9
10 14. "Sodomy" means:
10
11 a. penetration, however slight, of the mouth of the child
11
12 by a penis,
12
13 b. penetration, however slight, of the vagina of a person
13
14 responsible for a child's health, safety or welfare,
14
15 by the mouth of a child,
15
16 c. penetration, however slight, of the mouth of the
16
17 person responsible for a child's health, safety or
17
18 welfare by the penis of the child, or
18
19 d. penetration, however slight, of the vagina of the
19
20 child by the mouth of the person responsible for a
20
21 child's health, safety or welfare.
21
22 SECTION 2. This act shall become effective November 1, 2025.
22
23
23
24 60-1-445 TEK 1/19/2025 5:39:39 AM
24
Req. No. 445 Page 12Every fact on this page links to its source, starting with the official bill record.