What Is Lewd Molestation and What Are Some Defenses In Oklahoma

Lewd molestation is a serious criminal offense in Oklahoma that involves inappropriate or sexual conduct with a minor. Understanding what constitutes lewd molestation and the possible defenses against such charges is crucial for anyone accused of this crime. In this article, we explain lewd molestation under Oklahoma law and outline some common defenses used in these cases.

Definition of Lewd Molestation

Oklahoma law defines lewd molestation as engaging in or soliciting any lewd or indecent act with a child under 16 years of age with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of the accused or the child. For example, this includes actions such as exposing oneself to a child or forcing a child to expose themselves, making indecent or obscene proposals to a child, and forcing or encouraging a child to engage in sexual acts.

Penalties for Lewd Molestation

Lewd molestation is considered a felony in Oklahoma and carries severe penalties. Convictions can lead to a lengthy prison sentence, depending on the offense and the age of the child. In addition to imprisonment, the court may impose significant fines. Furthermore, convicted individuals must register as sex offenders, which carries long-term social and legal consequences.

Defenses Against Lewd Molestation Charges

When facing lewd molestation charges, several defenses may be available. For instance, you can demonstrate that the allegations are false or fabricated by presenting evidence that the accuser has a motive to lie, such as a custody dispute or personal vendetta. Without it, the prosecution’s case may weaken.

Providing evidence that someone else committed the offense can also be an effective defense. This might involve alibi witnesses or other proof that you were not present at the time of the alleged incident. Additionally, you can challenge the evidence presented by the prosecution, questioning the credibility of witnesses, the reliability of physical evidence, and the methods used during the investigation.

Although not a common defense in cases involving minors, there may be specific circumstances where the concept of consent could be relevant, particularly if the minor is close to the age of consent and the acts are not inherently illegal. However, it’s important to note that minors under 16 cannot legally consent to sexual activity in Oklahoma.

As with any criminal charge, it’s important to work with an attorney who can look at your case and craft your best defense.

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Tulsa Criminal Lawyers

Lewd molestation is a severe offense in Oklahoma, with significant legal and social consequences. Understanding the nature of the crime and the available defenses is essential for anyone facing such charges. You must seek legal representation to navigate the complexities of the case and to protect your rights. If you need help, contact the Tulsa criminal lawyers at Kania Law Office at (918)–743-2233 or online.