Oklahoma laws for dating minors

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Statutory rape to sexually penetrate a person at least age 13 but less than age 18 if the actor is at least four years older than the victim.

Their incapacity is written into the statute—hence the term, “statutory” rape. Oklahoma has a marital exemption for statutory rape that allows consensual sex between married minors and their adult spouses even though their ages would prohibit it if they were not married. But if Jen and Tony are and living in Oklahoma, Tony need not fear criminal charges for having consensual sex with Jen.

Of course, rape that does involve force or an assault is illegal in Oklahoma and prosecuted as forcible rape. Named after Shakespeare’s young lovers, “Romeo and Juliet” exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age. Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.

Assaults of a sexual nature may also be charged under the state’s assault and battery or child enticement laws. 21, §§ 1111, 1114, 1116 (2018).) Lewd or indecent acts with a child younger than 16 includes sexual touching (without penetration) between a minor who is younger than 16 and a defendant who is at least three years older than the victim. Oklahoma’s Romeo and Juliet exemption protects from prosecution certain minors who engage in consensual sex. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.

Felony carnal knowledge of a juvenile is sexual intercourse with consent between (1) someone age 19 or older and someone between age 12 and 17 or (2) someone age 17 or older and someone between age 12 and 15.

Third-degree criminal sexual conduct is sexual penetration with (1) a victim under age 13 and an actor no more than 36 months older or (2) a victim age 13 to 16 and an actor more than 24 months older.

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