Oklahoma Lewd Molestation Statute Explained by Tulsa Criminal Lawyer Kevin Adams

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If you or a loved one are fighting sexual abuse charges in Oklahoma there is a lot you need to know. Oklahoma has numerous offense that could be considered sex crimes. One of those statutes is the Lewd Molestation statute found at Title 21 O.S. Section 1123. A person can be charged with violating Oklahoma's Lewd Molestation statute if it is alleged that they committed any of the following acts: making a lewd or indecent proposal to a child under sixteen (16) to have unlawful sexual relations, to look upon, touch, maul or feel the body or private parts of a child under sixteen (16) years of age in nay lewd or lascivious manner,.

Punishment for Lewd Molestation in Oklahoma

Oklahoma's Lewd Molestation provides a punishment range of three (3) to twenty (20) years in prison, unless the alleged victim is under the age of twelve (12). If the alleged victim is under the age of twelve (12) the minimum sentence is raised to 25 years in prison. Additionally 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 Lewd Molestation Statute

Anyone charged with Sexual Abuse of a Minor Child should expect that they are in for a serious fight. Even though the statute technically carries from zero (0) to life (as long as the child is over the age of 12), if convicted, most juries recommend 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. Before hiring a lawyer you may want to carefully research the lawyers you are considering retaining.

Kevin Adams record in defending accusations of child sexual abuse, lewd molestation and other allegations of sexual misconduct*.

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.

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