Oklahoma's Sexual Abuse of a Child Statute by Tulsa Criminal Lawyer Kevin Adams

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If you or a family memeber are accussed of sexual abuse of a minor child in Oklahoma there is a lot for you to learn. Oklahoma has a very broad sex abuse of a minor child statute. Under Oklahoma law "sex abuse" "means the willful or malicious sexual abuse, which includes but is not limited to rape, incest, and lewd or indecent acts or propsals, of a child under the age of eighteen (18) years of age by another." (See Title 21 O.S. Section 843.5 (E)) While, Oklahoma's Sex Abuse statute refers to "any parent or other person who shall willfully or maliciously engage in child sexual abuse" the "or any other person" portion of the statute is a little confusing. While Oklahoma's current sex abuse statute was enacted in 2014, historically the Oklahoma Court of Criminal Appeals has interpreted this statute to only apply to "a person responsible for the child's health or safety." (See Huskey v. State, 1999 O.K. CR 3.)

Punishment for Sexual Abuse of a Child in Oklahoma

Punishment for Sexual Abuse of a Minor Child in the State of Oklahoma is very severe. The statute carries upto a life sentence. The sentences imposed require the defendant to serve eighty-five (85) percent of the sentence before being released from custody. For those individuals convicted of sexually abusing a minor child under the age of 12 years of age faces a minimum sentence of 25 years. Aditionally anyone sentenced to at least two (2) years in prison for sexual abuse of a minor child must also serve at least three (3) years of post prison supervision. Additionally as with most sex crimes, those convicted are required to Register as a Sex Offender.

What to Expect if Charged with Violating Oklahoma's Sexual Abuse of a Minor Child Statute

Anyone charged with Sexual Abuse of a Minor Child should expect that they are in for a serious fight. Even though the statute techinically carries from zero (0) to life (as long as the child is over the age of 12), if convicted, most juries recomend closer to life than they do zero.

If you are charged under this statute, hire yourself an experienced trial lawyer, an attorney who has had success with these types of cases.

Some of the Previous Cases I have Handled Involving Accusations of Sexual Criminal Offenses

March 2023 Craig County Case CF-2021-154

Client was charged with Forcible Oral Sodomy and two counts of Lewd Molestation. Client was acquitted (found not guilty) of all counts after a jury trial.

September 2021 Tulsa County case CF-2019-1811

Client charged with 10 counts of Child Sexual Abuse in violation of 21 O.S. 843.5, by two separate complaining witnesses, after a jury trial client was found not guilty (acquitted) of 5 counts and convicted of 5 counts and received a total sentence of 5 and 1/2 years in prison. Client did not appeal the verdict.

April 2021 Pawnee County case CF-2019-85 and CF-2019-86

Secured a not guilty (on each case) at jury trial on charges of Lewd or Indecent Acts to a Child Under Sixteen Years of Age and Rape, First Degree.

December 2017 Tulsa County District Court case CF-2017-4243

Client was charged with First Degree Rape in Tulsa County accused of rape. Client always maintained his innocence. Less than 4 months after being arraigned a jury found client not guilty and he was able to start rebuilding his life.

May 2013 Washington County District Court (Bartlesville)

In this case Mr. Adams defended a 64 year old man that was falsely accused of Lewd Molestation. This was a tough case because there were two complaining witnesses and DNA results that the client could not be excluded from. Mr. Adams never doubted his client's innocence and during the trial he skillfully cross-examined the state's two complaining witnesses and the state's two DNA experts. After a 3 day jury trial and 5 hours of deliberations his client was found not guilty on all counts. Mr. Adams defeated the state's DNA evidence without calling a DNA expert of his own. Mr. Adams got all the evidence he needed from the state's experts.

December 2011 Tulsa County District Court

In this case Mr. Adams represented a young man who was falsely accused of sexually abusing a family member. After numerous conversations with the prosecutor on the case and presenting the prosecutor with new evidence the case was dismissed. DNA evidence obtained after the dismissal supported the innocence of Mr. Adams client.

November 2009 Tulsa County District Court

In this case Mr. Adams represented a local coach that had been wrongfully accused of inappropriately touching a girl that he coached. What was tragic about this case that the coach has spent years of his life helping young women get scholarships to college and because of the false accusation the coach was facing up to 20 years in prison. The community support for this coach was overwhelming and the state knew that it was in for a long and drawn out fight. The state blinked and offered the coach a deal that was too good to turn down. A two year deferred sentence on the misdemeanor charge of Outraging Public Decency. The basis of the misdemeanor charge was that the coach made an inappropriate comment to the girl. The felony charge concerning the inappropriate touching was dismissed. After two years the coach's record will be whipped clean and he can now pick up the pieces of his life and move on.

March 2008 Oklahoma Court of Criminal Appeals

In this case in Tulsa District Court Mr. Adams represented a client who was accused of using a video camera to secretly video tape "up the skirt" of a 16 year old woman. In this case Mr. Adams filed a Motion to Dismiss and successfully argued, that to secretly video tape "up the skirt" of an unsuspecting woman, did not violate Oklahoma Law. The case was dismissed and the state appealed the ruling to the Oklahoma Court of Criminal Appeals; the ruling was affirmed. This case drew national attention and was featured in newspapers across the country and on the Fox News Channel. As a result of this case the legislature is changing the statute.

January 2008 Tulsa County District Court

In this case in Tulsa County District Court, State of Oklahoma v. R.H. Mr. Adams obtained the reversal of a conviction for Sexual Abuse of a Minor Child by filing a Motion to Arrest the Judgment in a case where his client (while being represented by another attorney) had been convicted by a jury and received a 24 year sentence. Kevin Adams was able to get the conviction overturned without even having to appeal the case to the Oklahoma court of Criminal Appeals. After much legal maneuvering and filing several motions Mr. Adams was able to negotiate a settlement of the case for a No Contest Plea and a 6 year sentence, on a crime that did not require his client to serve the dreaded 85% of his time. Mr. Adams saved R.H. from spending approximately 12 years in prison. R.H. is out of prison and back with his family.

December 2002 Tulsa County District Court

Jury Verdict of Acquittal on the charge of Sexual Abuse of a Minor Child. State of Oklahoma v. Frederick English, CF-2002-2108. Mr. English was charged with two counts of Sexually Abusing a Minor Child, the Jury Acquitted Mr. English on 1 count and deadlocked on the other count 9-3 for Acquittal. The case was resolved on the deadlocked count with a no contest plea on an amended misdemeanor charge that did not require Mr. English to register as a sex offender. This was Mr. Adams fourth jury trial.

September 2002 Tulsa County District Court

Jury Verdict of Acquittal on all counts. State of Oklahoma v. Leandrew Charles White, CF-2002-401. Mr. White was charged with one count of Sexually Abusing a Minor Child and three counts of injury to a minor child. After a week long trial the jury deliberated approximately three hours before acquitting Mr. White on all charges. This was Mr. Adams second jury trial.

May 2002 Tulsa County District Court

Jury Verdict of Acquittal on the sole charge of Sexual Abuse of a Minor Child. State of Oklahoma v. Dannie Virgil Clem, CF-2002-6080. The jury deliberated approximately 30 minutes after a three day trial in reaching their verdict of acquittal. This was Mr. Adams first jury trial and he had only been licensed to practice law a little more than a year.

Send your questions to LawyerAdams@me.com I try to respond to all inquires as quickly as possible. If you need immeadiate assistance you can call my office (918) 582-1313 or my cell phone (918) 230-9513. If you are in need of emergency assistance feel free to call my cell phone anytime either day or night.


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