An Oklahoma City teenager was arrested and booked into the Oklahoma County Jail earlier this week after an 11-year-old boy told a relative that the 16-year-old had sexually assaulted him multiple times. Reports show that the teen was held on $25,000 bond in the case, but an Oklahoma County Jail inmate search indicates that he has been released since his arrest on Monday.

The teen's arrest brings up an important fact about juveniles accused of sex crimes and how they are prosecuted under Oklahoma law. In many cases, crimes committed by minors are handled through the juvenile court system. Sometimes, however, teens accused of crimes are prosecuted as youthful offenders or even adults. 

In Oklahoma, minors aged 15, 16, and 17 are charged as adults when they are accused of first degree murder. Juveniles aged 13 or 14 charged with first degree murder may be prosecuted as either adults or youthful offenders.

Youthful offender status serves as a middle ground between juvenile delinquent adjudication and adult charges. Typically a youthful offender is a person aged 15, 16, or 17 who is charged with a violent crime or sex offense. 

Juvenile sex crimes that would cause a 15, 16, or 17-year-old to be charged as a youthful offender include first degree rape, first degree rape by instrumentation, attempted rape, forcible sodomy, and lewd molestation. A 16 or 17-year-old is also certified as a youthful offender for second degree rape.

So what does it mean if your child is certified as a youthful offender?

The crimes that fall under the Youthful Offender Act are more serious than typical juvenile crimes like shoplifting, vandalism, and underage drinking or DUI. Because of this, the courts find it in the best interest of public safety to prosecute and punish these crimes more severely. However, charging a teen as an adult may not be the best scenario, nor does it offer much hope of rehabilitation.

A youthful offender case is handled much like an adult case. The teen is tried in district court rather than juvenile court, and if convicted, he or she is subject to an adult sentence. Youthful offender records are considered adult records and are not sealed as are juvenile records. 

Another important thing to note is that once a child is certified as a youthful offender, he or she is considered a youthful offender in all other criminal proceedings for crimes committed before the defendant turns 18. In other words, even for minor offenses that would normally be handled in juvenile court, the teen will be prosecuted as a youthful offender subject to adult sentencing.

In most cases, if a minor is adjudicated delinquent, he or she is released from the custody of the Office of Juvenile Affairs on or before the age of 18. If a youthful offender in the custody of Juvenile Affairs reaches the age of majority, he or she will not be released by age alone. Instead, the teen will likely be transferred to an adult facility to complete the sentence.

It is important for parents and teens both to understand that in Oklahoma, it is an act of first degree rape to have sexual intercourse with a person who is "unconscious of the nature of the act." Often, juvenile rape charges stem from a night of drinking. High-profile teen rape cases around the nation have resulted from the sexual assault of a teenager too heavily intoxicated to resist a sexual encounter. A first degree rape charge will certify a 15, 16, or 17-year-old as a youthful offender, leaving the teen subject to harsh criminal penalties.

If you or your child is accused of rape, secure legal defense representation as quickly as possible. Call (405) 417-3842 for more information.