Strict Liability in Criminal cases exist in Oklahoma. Although strict liability mainly applies to product defect cases or other personal injury cases in the civil arena, it is occasionally part of criminal cases as well. The elements of strict liability in criminal law are simple: a statute exists and someone breaks the statute. It does not require that a person knowingly or intentionally break the law. So the alleged victim may be at fault, but all faults fall upon the offender. This in turn, subjects offenders to automatic punishment if proof shows the breaking of a law. Even if they’re unaware and do not know they are committing a crime, they may still be liable and if found guilty could be jailed. Even in simple offenses, such as speeding, strict liability is applicable.
Oklahoma Strict Liability in Criminal Cases:
Another example of an offender being strictly liable is in the offense of statutory rape. It doesn’t matter if the underage participant gave consent to the intercourse or lied about his or her age. The “of-age” offender is strictly liable for the event. As a result, this places no fault on the victim, and all fault on the offender. Further, crimes like statutory rape carry heavy consequences. Under Ok. Stat. tit. 21 § 45-1114 & 45-1123 statutory rape can be punished from 1 year to life in prison and the offender must sign up on the Sex Offender Registry.
Your best defense in Oklahoma is to prove you didn’t commit the offense at all. However, this can be very difficult to navigate and requires the skill of an attorney. Thus, it is in your best interest to retain an attorney immediately when facing strict liability charges.
Strict Liability Criminal Cases Happen in Tulsa:
If you’re facing charges that carry strict liability penalties, call our Criminal Law office in Tulsa. An innocent mistake or believing a lie should not be a precursor to long-term life challenges. Depending on the charge, you may face jail time, probation, and a criminal record. Don’t go it alone. The State of Oklahoma will bring its A-game regarding prosecuting you, be sure to bring yours. Call us for a free consultation at 918.743.2233 or fill out this form.
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Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.