1111.1 RAPE BY INSTRUMENTATION.

Rape by instrumentation is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, note amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person. Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met.

1112. AGE LIMITATION ON CONVITION FOR RAPE.

No person can be convicted of rape or rape by instrumentation on account of an act of sexual intercourse with anyone over the age of fourteen (14) years, with his or her consent, unless such person was over the age of eighteen (18) years at the time of such act.

The essential guilt of rape or rape by instrumentation, except with the consent of a male or female over fourteen (14) years of age, consists in the outrage to the person and feelings of the victim. Any sexual penetration, however slight, is sufficient to complete the crime.

1. Rape in the first degree shall include:
   1. rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or
   2. rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
   3. rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or
   4. rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or
   5. rape by instrumentation committed upon a person under fourteen (14) years of age.

2. In all other cases, rape or rape by instrumentation is rape in the second degree.

BOTH FIRST AND SECOND DEGREE RAPE IS A FELONY.

1123. LEWD, INDECENT PROPOSALS OR ACTS AGAINST CHILD UNDER 16.

1. Any person who shall knowingly and intentionally:
   1. Make any oral or written lewd or indecent proposal to any 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 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;
   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, urinate or defecate upon a child under sixteen (16) years of age or ejaculate upon or in the presence of a child, or force or require a child to look upon the body or private parts of another person or upon sexual acts performed in the presence of the child or force or require a child to touch or feel the body or private parts of said child or another person, upon conviction, shall be deemed guilty of a felony. The provisions of this section 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 subsection A of this section shall be guilty of a felony and shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of subsection A of this section shall be guilty of a felony.

2. 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. Any person convicted of any violation of this subsection shall be deemed guilty of a felony.

1021 INDECENT EXPOSURE OR EXHIBITION - OBSCENE OR INDECENT WRITING, PICTURE, ETC. - SOLICITATION OF MINOR.

1. Every person who willfully either:
   1. Lewdly exposes his person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed thereby;
   2. Procures, counsels, or assists any person to expose such person, or to make any other exhibition of such person to public view or to the view of any number of persons, for the purpose of sexual stimulation of the viewer;
   3. Writes, composes, stereotypes, prints, photographs, designs, copies, draws, engraves, paints, molds, cuts, or otherwise prepares, publishes, sells, distributes, keeps for sale, or exhibits any obscene or indecent writing, paper, book, picture, photograph, motion picture, figure, form of any description or any type of obscene material; or
   4. Makes, prepares, cuts, sells, gives, loans, distributes, keeps for sale, or exhibits any disc record, metal, plastic, or wax, wire or tape recording, or any type of obscene material or any other kind of sound recording of any obscene or indecent language, poetry, or songs, or who speaks any words by means of a telephone to any person which are offensive to decency or are calculated to excite vicious or lewd thoughts or acts, or who speaks any other communicable words which are offensive to decency or are adapted to excite vicious or lewd thoughts or acts, shall be guilty , upon conviction, of a felony. The fine for a violation of this subsection shall not be less than Five Hundred Dollars ($500.00) nor more than Twenty Thousand Dollars ($20,000.00). Persons convicted under paragraphs 3 and 4 of subsection A of this section shall not be eligible for deferred sentence.

2. Every person who:
   1. Willfully solicits or aids a minor child to perform, or
   2. Shows, exhibits, loans, or distributes to a minor child any obscene or indecent writing, paper, book, picture, photograph, motion picture, figure, or form of any description or any type of obscene material for the purpose of inducing said minor to participate in, any act specified in paragraphs 1,2,3 or 4 of subsection A of this section shall be guilty, upon conviction, of a felony. Persons convicted under Section B of this section shall not be eligible for a deferred sentence.

1021.2 MINORS - OBSCENE OR INDECENT WRITING, PICTURE, ETC.

Any person who shall procure or cause the participation of any minor under the age of eighteen (18) years in any film, motion picture, videotape, photograph, negative, slide, drawing, painting, play, performance or any type of obscene material wherein the minor is engaged in or portrayed, depicted, or represented as engaging in any act of sexual intercourse, in any act of fellatio or cunnilingus, in any act of excretion in the context of sexual activity, in any lewd exhibition of the uncovered genitals or pubic area or areola of the breasts in the context of masturbation or other sexual activity, or in any other exhibition of the uncovered genitals or pubic area or areola of the breast having the purpose of sexual stimulation of the viewer, or who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any obscene material involving the participation of any minor under the age of eighteen (18) shall be guilty, upon conviction, of a felony. The fine for a violation of this section shall not be more than Twenty-five Thousand Dollars ($25,000.00). Persons convicted under this section shall not be eligible for a deferred sentence. The consent of the minor, or of the mother, father, legal guardian, or custodian of the minor to the activity prohibited by this section shall not constitute a defense.

1021.3 PARTICIATION OF MINORS IN OBSCENE WRITING, PICTURE, ETC.

Any parent, guardian or individual having custody of a minor under the age of eighteen (18) years who knowingly permits or consents to the participation of a minor in any film, motion picture, videotape, photograph, negative, slide, drawing, painting, play, performance or any other obscene material wherein the minor is engaged in or portrayed, depicted or represented as engaging in any of sexual intercourse, in any act of fellatio or cunnilingus, in any act of excretion in the context of sexual activity, or in any lewd exhibition of the uncovered genitals or pubic area or areola of the breasts in the context of masturbation or other sexual activity, shall be guilty of a felony, upon conviction. The fine for a violation of this section shall not be more than Twenty-five Thousand Dollars ($25,000.00). Persons convicted under this section shall not be eligible for a deferred sentence. The consent of the minor to the activity prohibited by this section shall not constitute a defense.

1024.1 DEFINITIONS

As used in Sections 1021 through 1024.4 of this title:

1. "Obscene material" means and includes any representation, depiction or description of sexual conduct, whether in any form or medium including still photographs, undeveloped photographs, motion pictures, undeveloped film, videotape, CD-ROM, magnetic disk memory, magnetic tape memory or a purely photographic product or a reproduction of such product in any book, pamphlet, magazine, or other publication, if said items contain the elements of paragraph 2 of this section;
2. "Performance" means and includes any live or cinematic show of whatever nature over any broadcast media, if the performance contains the following:
   1. the obscene material or performance has one of its participants or portrayed observers a child under the age of eighteen (18) or who appears prepubescent, or
   2. the obscene material or performance contains depictions or descriptions of sexual conduct which are patently offensive, as found by the average person applying contemporary community standards,
   3. the obscene material or performance taken as a whole has as the dominant theme an appeal to prurient interest as found by the average person applying contemporary community standards, and
   4. a reasonable person would find the obscene material or performance taken as a whole lack serious literary, artistic, educational, political, or scientific purposes or value; and
3. "Sexual conduct" means and includes any of the following:
   1. acts of sexual intercourse including any intercourse which is normal or perverted, actual or simulated,
   2. acts of deviate sexual conduct, including oral and anal sodomy,
   3. acts of masturbation,
   4. acts of sadomasochistic abuse including but not limited to:
      1. flagellation or torture by or upon any person who is nude or clad in undergarments or in a costume which is of a revealing nature, or
      2. the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed,
   5. acts of excretion in a sexual context, or
   6. acts of exhibition human genitals or pubic areas.

The types of sexual conduct described in paragraph 3 of this section are intended to include situations when, if appropriate to the type of conduct, the conduct is performed alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

843.1 ABUSE, NEGLECT, FINANCIAL EXPLOITATION BY CARETAKER.

1. No caretaker as defined in Section 803 of Title 43A of the Oklahoma Statutes shall willfully abuse, neglect, or financially exploit any person entrusted in his care, or shall cause, secure, or permit any of said acts to be done.
2. Any person convicted of violating of this section shall not be more than Ten Thousand Dollars ($10,000.00).

888. FORCIBLE SODOMY.

1. Any person who forces another person to engage in the detestable and abominable crime against nature, pursuant to Section 886 of this title, upon conviction, is guilty of a felony. Any person convicted of a second violation of this section, where the victim of the second offense is a person under sixteen (16) years of age, shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of this section, where the victim of the third or subsequent offense is a person under sixteen (16) years of age, shall be punished by imprisonment in the State Penitentiary for a term of life or life without parole.

2. The crime of forcible sodomy shall include:
   1. sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age; or
   2. sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
   3. sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime.