A woman looking through video on a friend's lost cell phone was shocked to discover footage of the phone's owner molesting her 12-year-old daughter.
The woman contacted police after seeing the video of Christopher M. Whibbey, 23, molesting the girl as she slept. She told police that Whibbey had lost he cell phone, but a friend later found it and gave it to her, telling the woman to look at the videos. She says she does not know whether or not her daughter was aware of the sexual abuse, which allegedly took place in October.
Reports say that Whibbey walked in during the police interview with the victim's mother, and that he immediately turned around and placed his hands behind his back. He was arrested on a complaint of Lewd Acts with a Child Under 16 and booked into the Oklahoma County Jail.
In Oklahoma, child molestation is typically charged as Lewd or Indecent Proposals or Acts to a Child Under 16. Found in 21 O.S. § 1123. This statute, which also includes Sexual Battery and sexual abuse of a corpse, levies harsh penalties for sexually abusing children under the age of 16.
In fact, a person can be convicted of a a felony sex crime under the Lewd Acts statute even if he or she never inappropriately touches a child. Prohibited acts include not only sexual contact, but also indecent proposals; looking upon a child in a "lewd or lascivious" manner; exposing oneself to a minor; forcing a child to look at sex acts or child pornography; or making a child touch himself, herself, or another person.
In general, conviction of Lewd or Indecent Proposals or Acts to a Child Under 16 is punishable by 3 to 20 years in prison and lifetime registration as a Level 3 Sex Offender. However, if the victim is a child under the age of 12, the penalties are significantly increased. Rather than a maximum sentence of 20 years, a person convicted of Lewd Acts with a minor under 12 faces a minimum sentence of 25 years and a maximum of life in prison.
A second conviction of Lewd or Indecent Proposals or Acts to a Child Under 16 is not eligible for probation or deferred or suspended sentencing. A third or subsequent conviction is punishable by life in prison without parole.
Visit our website for more information about Lewd Acts charges in Oklahoma. To speak with an attorney about your case, click here to schedule a free, confidential consultation with an experienced sex crime defense lawyer.
