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In all instances, the statutory age under which a victim is legally incapable of consenting to sexual intercourse.

OUJI-CR 4-138


You are instructed that as a matter of law a minor under the age of fourteen/sixteen is incapable of giving consent/agreement to engaging in sexual conduct which is otherwise prohibited by law and the agreement/consent of such minor to such activity should be disregarded by you in determining the question of the defendant's guilt.

Notes on Use

This instruction is appropriate for rape and other sex crimes when the victim is a child below a particular age. This age is fourteen for prosecutions for rape in the first degree and sixteen for prosecutions for rape in the second degree and other sex crimes. See 21 O.S. 1991 & Supp. 1995, 1111-1114.

Committee Comments

The Oklahoma Court of Criminal Appeals held in Kimbro v. State, 857 P.2d 798, 799 (Okl. Cr. 1990), that as a matter of law a child under the age of sixteen cannot consent to oral or anal sodomy. In doing so, it overruled Slaughterback v. State, 594 P.2d 780 (Okl. Cr. 1979).

OUJI-CR 4-124


No person may be convicted of rape in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, sexual intercourse;

Second, with a person who is not the spouse of the defendant [and who may be of the same sex as the defendant];

[Third, where the victim was under the age of sixteen].



[Third, where the victim was intoxicated by a/an narcotic/(anesthetic agent);

Fourth, given by/(in the presence of) the defendant];

Fifth, as a means of forcing the victim to submit].



[Third, where the victim was at the time unconscious of the nature of the act and this was known by the defendant].



[Third, where the victim was under the belief induced by the defendant that the victim was having intercourse with his/her spouse].



[Third, where the victim was under the legal custody of a State agency; and

Fourth, the victim engaged in sexual intercourse with a (State employee)/(employee of a contractor of the State)].


Statutory Authority: 21 O.S. Supp. 1995, 1111, 21 O.S. 1991, 1114.

Notes on Use

The trial court should read the bracketed language in the second element only if the defendant was of the same sex as the victim. In the third element the trial court should read only the alternative (or alternatives) that is (or are) supported by the evidence.

Committee Comments

In all instances, the statutory age under which a victim is legally incapable of consenting to sexual intercourse is 16, section 1111(A)(1). If a defense under section 1112 is unavailable, sexual intercourse with a person under 16 years of age is at least rape in the second degree, although if the victim is under 14 years of age, rape in the first degree is a possible charge. Even if the proof establishes that the victim is 13 years of age, a prosecution and conviction for rape in the second degree is proper because rape in the second degree is a lesser included offense of rape in the first degree. Hence, the first alternative in the third element simply indicates a victim under 16 years of age.

The other alternatives in the third element constitute, in fact or by law, sexual intercourse without the consent of the victim.

The age of the defendant is not an element of the crime of second-degree rape. If the prosecutor is uncertain whether it can be proved that the defendant has attained the age of 18, he/she can charge the defendant with second-degree rape and the conviction would be upheld although it is established that the defendant is over 18. Brasel v. State, 48 Okl. Cr. 403, 291 P. 807 (1930). The age of the defendant may become relevant as a defense, however, under section 1112, if the victim is over 14 years of age and consents, and the defendant is under 18 years of age.

Oklahoma's rape shield law, 12 O.S. Supp. 1995, 2412, limits the use of evidence of the sexual behavior of the victim in prosecutions for sexual offenses.



Added 03-2002:
Oklahoma Statutes Citationized   Title 21. Crimes and Punishments     Chapter 45     1114 . Rape in First Degree-Second Degree
Cite as 21 O.S. 1114 (OSCN 2002)

A. 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.

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

Supplied by:  My name is Scott Rice and I am a Private Investigator in Duncan Oklahoma who specializes in Criminal Defense. I can make recommendation of several attorneys who can assist in the defense of sex related cases in Oklahoma. My Web site is and my banner is on the index page.


Added 03-2002:

Age Of Consent For Students

OKLAHOMA CITY - Legislation aimed at protecting students from inappropriate relationships with teachers or other school employees is awaiting House consideration after being approved by the full Senate.

Senate Bill 716, written by Senator Jonathan Nichols would raise the age of consent specifically for situations dealing with students and their teachers or other school personnel.

"I believe that most parents tell their children to obey and trust their teachers implicitly when they go to school, believing those educators and others in the school system will have their children's best interests at heart. This legislation will protect against any abuse of that trust," said Senator Nichols.

Under current state law, the age of consent for a sexual relationship is sixteen-years of age. An adult having sexual relations with someone under the age of sixteen can be charged with rape. Senate Bill 716 would raise the age of consent to eighteen-years of age when the individuals involved are students and teachers or other school employees in public, private and public vocational schools.

"Many people would be surprised to know that under current law, there's little police and prosecutors can do when a parent learns that their sixteen or seventeen year old child has been involved in a sexual relationship with his or her teacher," said Senator Nichols.

"Of course we all know that the vast majority of all educators would never harm or take advantage of their students in any way. But sadly, we know it does happen in isolated situations in communities across our state. When it does occur, prosecutors need to have the legal tools to address the situation," noted Nichols.

The Norman Republican said area prosecutors who requested that this situation be addressed by lawmakers had contacted him.

"As a parent, as a former prosecutor and as a legislator, I feel we have a moral obligation to make sure that the classroom environment is as free from disruptive behavior as possible. This legislation will be one more measure that protects the classroom setting from outside interference," said Nichols.

The full Senate passed Bill 716 senate without opposition. This was the second piece of legislation by the freshman lawmaker to win unanimous ap





According to the ACLU, sodomy is still against the law:

Crime Against Nature, 10 years
(Law originally applied to both same-sex and opposite-sex couples, but state
high court narrowed law to apply to only same-sex couples.)


07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:

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