Rape- first degree - Oklahoma Sexual Assault Laws

In Oklahoma, the criminal charge of Rape- first degree is classified as a Statutory Felony .

Rape- first degree Crime & Punishment in Oklahoma :

The Oklahoma code § 1114 defines one degrees of the crime rape- first degree, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity Rape- first degree - Charge Description Punishment
Felony
STATUTORY
  • An act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex when the offender commits rape by instrumentation, and victim is under 14.
  • An act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex when the offender commits rape by instrumentation that results in bodily harm.
  • An act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex when the offender uses force, violence, threats of force or violence accompanied by apparent power of execution.
  • An act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex when the rape is accomplished because victim is intoxicated as a means of forcing victim to submit or the victim is unconscious and this fact is known to offender
  • An act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex when the victim is incapable because of mental illness or any unsoundness of mind of giving legal consent
  • An act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex when the offender is over 18 and victim is under 14.
Punishable by death or imprisonment in the State Penitentiary for a minimum of 5 years.

Oklahoma law allows rape- first degree to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the Oklahoma Age of Consent, even if the victim willingly engages in sexual relations with the defendant.

Rape- first degree defined in other states :

Rape- first degree is a charge in a total of nine other state(s). The exact definition, charge type, and potential sentencing of this charge varying state to state. For further details please refer to the state page.

State Charge Type(s) Punishment(s)
Alabama Class A felony No less than 10 years and no more than life or 99 years
Delaware Class A felony 15 years to life in prison
Kentucky Class A felony; Class B felony 20-50 years in prison; 10-20 years in prison
Maryland Felony Sentence not to exceed life without parole; Sentence not to exceed life
New York Class B felony 5-25 years in jail
North Carolina Class B1 felony Minimum sentence of imprisonment is 25 years (defendant is give life w/o parole if victim under 12 or if defendant has prior B1 conviction )
Oregon Class A felony Up to 20 years; $300,000 fine
South Dakota Class C felony Life imprisonment and up to $50,000 in fines
Washington Class A felony Maximum of life in prison, and/or a fine of $50,000

Back to list of Oklahoma laws

** This Document Provided By AgeOfConsent.net **
Source: http://www.ageofconsent.net/laws/oklahoma/rape-first-degree