In Oklahoma, there are a number of crimes that fall under the umbrella of “sex offenses.” These crimes range from violent crimes, such as forcible rape, to less egregious offenses, including some which require no physical contact at all.
Crimes against children and first degree rape are among the most serious sex crimes, but not every sex offense involves intercourse or vaginal or anal penetration. Forcible sodomy, for example, typically refers to oral sex, and despite its name, the act is not always “forcible.” In fact, forcible sodomy is the crime with which a person would be charged if he or she engaged in oral sex with a willing partner who was legally unable to consent to sex due to age or custodial status.
One of these non-penetration sex crimes is sexual battery. Sexual battery is a sex offense involving nonconsensual physical sexual contact that falls short of rape, rape by instrumentation, or forcible sodomy. Sexual battery occurs against a person aged 16 or older; if the incident involves a minor under the age of 16, it is typically charged as lewd acts with a minor. Lewd molestation, or child sexual abuse, typically involves sexual abuse of a minor under 18 by someone responsible for the well-being of that child.
Sexual battery is also charged if sexual contact occurs between two people when one of them is unable to provide legal consent for reasons other than age. Sexual contact is forbidden in the following relationships:
- A person in the custody of our under the supervision of a state, county, or city agency and an employee or contractor of that agency
- A student under the age of 20 and any employee of the same school system
What acts would constitute sexual battery? Non-consensual groping, fondling, or other physical contact for the sexual gratification of the person making contact. An unwanted pinch, slap, or pat could be considered sexual battery.
Even though the person performing the act might think that the contact was minor or playful, the consequences of a sexual battery conviction can be severe. Sexual battery is a felony sex crime, and the maximum sentence is 10 years in prison. However, for many people convicted of sexual battery, the most difficult part of the sentence is sex offender registration. Sexual battery is a Level 3 sex crime—the highest risk level under state and federal law. In Oklahoma, anyone who is convicted of a Level 3 sex offense must register as a sex offender for life.
