"Revenge porn" is one of those instances where the law lagged behind technology, and people were doing things that seemed like they should be against the law but were not actually against the law.
Revenge porn refers to taking sexually explicit images of a person that were intended to be private and publishing them publicly, typically over the internet. In 2015, in one of the nation's first big revenge porn cases, a Tulsa man was convicted of extortion for running a revenge porn website, in which men would post sexually explicit images of their ex-girlfriends, and the women would be required to pay significant sums of money to have the images removed.
Last year, Governor Mary Fallin signed into law Oklahoma's first "revenge porn" law, which makes illegal the nonconsensual dissemination of private sexual images.
Now, a Cleveland County man has become that county's first person to be charged with violating the revenge porn statute. According to reports, Shane Glisson, 36, began harassing his ex-girlfriend after their relationship ended. The woman took out a protective order against him, but he continued to email and text the woman and show up at her house and at her place of employment.
Nearly a year after their relationship ended, Glisson reportedly took a sexually explicit photo the woman gave him for a previous Valentine's Day gift, and he posted it on Facebook, making negative comments about it.
Because of the "nonconsensual dissemination" of the woman's private images, Cleveland County authorities were able to arrest Glisson for violating the revenge porn law.
Cleveland County Undersheriff Rhett Burnett says that while Glisson's case may be their first revenge porn case, it will not be their last: "It is not a joke. It's not a way to get back at an ex or spouse. It is a crime and the Cleveland County Sheriff’s Office, we’re going to prosecute."
A first offense of disseminating private sexual images without consent is a misdemeanor punishable by up to a year in jail and a fine of up to $25,000. Subsequent offenses are felonies.
It is important to keep in mind that this law applies only to the nonconsensual distribution of sexually explicit images of adults 18 and older. Under both state and federal law, sexually explicit images of minors under the age of 18 are considered to be child pornography. The distribution of such images, whether apparently consensual or not, is a felony sex crime. Distribution of child pornography is punishable by up to 20 years in prison and sex offender registration.
Image credit: Pro Juventute
An Oklahoma City man is behind bars after he allegedly threw a 3-month-old baby against a wall.
Deven Chapin, 23, has been held in the Oklahoma County Jail since his arrest on June 30. He is jailed on two counts of child abuse, with bond set at $10,000 for each.
The baby's mother, Pandora Smithpeter, 21, says that she was taking a shower at her apartment while Chapin, her boyfriend, was watching the infant. When she got out of the shower, she told police that Chapin was standing in the doorway of her bedroom and handed her the baby.
She says the child was obviously injured, with a lump on the side of his head. She called an ambulance, and the baby was transported to a local hospital with a severe head injury.
At the hospital, the nature of the child's injuries became clear. The infant had skull fractures on both the right and left sides of his head, as well as a fractured rib. Medical professionals and police said the injuries could not have been inflicted accidentally.
When investigators questioned Chapin, he reportedly blamed other children in the home for the infant's injuries. However, police say he finally admitted to abusing the child, although his stories were inconsistent. At one point, he said he threw the baby on a bed and it bounced up and hit the wall. Another time, he said that the became frustrated that the baby would not stop crying and threw it against the wall. He told police that he "blacked out" and did not remember throwing the child.
The baby was released from the hospital a few days after he was admitted. Chapin remains in jail.
Oklahoma law prohibits and penalizes the abuse, neglect, exploitation, or sexual abuse of a child in 21 O.S. § 843.5. This statute, as it pertains to physical abuse of a child, states the following:
A. Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "child abuse" means the willful or malicious harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another.
If a child dies as a result of child abuse, the abuser is charged with first degree murder, which is punishable by life in prison or life without parole.
An Oklahoma City man pleaded guilty last month to second degree manslaughter as part of a plea agreement following a fatal car accident that killed his girlfriend. On Friday, he was sentenced according to his plea.
Initially, Erick Brandon Moore, 38, was charged with first degree manslaughter after the accident. He has a history of prior drug charges, but police determined there was no evidence that he was under the influence of drugs or alcohol when he ran a stop sign on August 8, 2015.
He pleaded guilty to an amended charge of second degree manslaughter in a plea agreement that was agreed upon by the family members of the victim. In his plea paperwork, he admitted that he was negligent when he failed to stop at the stop sign. This negligence caused another vehicle to strike his pickup, throwing his girlfriend from the vehicle, fatally injuring her.
Oklahoma County District Judge Cindy Truong handed down a 15-year suspended sentence, meaning Moore will not serve prison time for the conviction, but will remain on probation for 15 years. If he violates probation, the District Attorney's Office can file a motion to revoke the suspension, sending him to prison for the remainder of the sentence.
Oklahoma law defines first degree manslaughter as any homicide that occurs under one or more of the following circumstances:
1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.
2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.
3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.
A fatal DUI accident is frequently charged as first degree manslaughter, because it occurs during the commission of a misdemeanor; in Oklahoma, a first DUI offense is a misdemeanor. When a fatal DUI accident occurs during the commission of a repeat DUI offense, a felony, it is charged as second degree murder.
In this case, however, it appears that there was no evidence of DUI. Instead, it appears to be a case of reckless driving. The defendant pleaded guilty to an amended charge of second degree manslaughter. Oklahoma law defines second degree manslaughter as "[e]very killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide."
First degree manslaughter is a felony punishable by a minimum of four years in prison. Second degree manslaughter is punishable by two to four years in prison.
An Oklahoma City man has been arrested after witnesses say he savagely beat a 75-year-old clerk in attempting to rob an area convenience store.
Two witnesses say they were trying to enter the Short Stop convenience store at 5503 Northwest 50th Street when a man pushed them out of the store and locked them out. One of the witnesses told local reporters that he and his brother knew something was wrong, so they stayed close by.
Within a couple of minutes, they say, the man who pushed them from the store came running out of the store looking behind him. He was pursued by an elderly man holding a blood soaked rag over his face.
The witnesses tried to assist the injured store clerk as they called 9-1-1. They were informed that police were on their way after the clerk had managed to push a silent alarm during the robbery.
Police quickly identified Alfred Christopher Proctor Jr., 21, as their suspect. They arrested him on robbery complaints, noting that this is not the first time they have arrested the man for robbery.
In fact, in 2012, when Proctor was only 16 years old, he and an accomplice beat and robbed a ice cream vendor in Woodson Park. During that robbery and assault, they broke the vendor's nose and broke his jaw in two places. Police arrested Proctor and his accomplice at the park, recovering $84 from the two teens.
Proctor has numerous convictions and deferred sentences in Oklahoma County, including not only the robbery charges, but also second degree forgery, larceny from a business, multiple counts of assault and battery on a police officer, multiple counts of marijuana possession, aggravated attempt to elude a police officer after prior felony conviction, possession of an offensive weapon in the commission of a felony, possession of a controlled substance in the presence of a minor under 12, possession of a controlled substance (oxycodone, Xanax) without a valid prescription, possession of cocaine, and possession of a firearm by a convicted felon.
Under state law, first degree robbery is defined as occurring under one or more of the following circumstances:
1. the perpetrator inflicts serious bodily injury upon the person;
2. the perpetrator threatens a person with immediate serious bodily injury;
3. the perpetrator intentionally puts a person in fear of immediate serious bodily injury; or
4. the perpetrator commits or threatens to commit a felony upon the person.
The state of Oklahoma prescribes a punishment of no less than 10 years in prison for conviction of first degree robbery.
A 25-year-old Yukon man pleaded guilty this week to first degree manslaughter in a DUI accident that killed another man. Landon Scott Horn entered his plea as part of a negotiated plea agreement that will allow his sentence to be reviewed and modified after two years in prison.
Horn was under the influence of marijuana and Xanax on June 25, 2015, when his vehicle struck another vehicle on Interstate 44 in Oklahoma City. The collision killed a passenger in the vehicle Horn struck. Police say he admitted to drug use prior to the accident.
Not only was Horn under the influence of drugs at the time of the crash, he was out on bond or a pending misdemeanor DUI-drug case in Canadian County. In that case, Horn was pulled over on suspicion of DUI in February 2015, and the charge was filed on May 5--less than two months before the collision that claimed another man's life.
In his manslaughter plea paperwork, Horn said, "I drove on a public roadway while intoxicated and caused an accident resulting in the death of a person."
An Oklahoma County District Judge sentenced Horn to 10 years in prison, but as part of the negotiated plea, his sentence will be reviewed in two years. If, at that time, his prison record is found to be satisfactory, prosecutors say they will agree to a modified sentence of four years incarceration followed by six years of probation.
Oklahoma law defines first degree manslaughter as an act of homicide occurring under one of the following conditions:
First degree manslaughter is punishable by a minimum of four years in prison.
It seems to be a case of "one bad decision leads to another."
Edmond police are looking for a suspect in the robbery of a Walgreens who stole roughly $120 worth of emergency contraceptives.
According to store employees, a man wearing a motorcycle helmet and gloves entered the Edmond store at approximately 8:30 p.m. Monday night. As an employee approached him to ask him to take off his helmet in accordance with store policy, she reportedly saw him place three packages of Take Action (Levonorgestrel 1.5mg), an off-brand of Plan B, into a drawstring bag and place the bag into a black Nike backpack.
A manager then approached the man and asked him to remove the items from his backpack. Video surveillance shows the suspect place his bag on the ground and then stand back up. The manager then raises both hands and backs away from the suspect. It appears as if the suspect is holding a gun.
Witnesses say the man took his bag and left the store on a motorbike, possibly red.
The suspect is described as a white male between 6'4" and 6'5" and weighing approximately 165 to 175 pounds. The drawstring bag he used in the robbery said "UCO" on it.
Take Action, an emergency contraceptive, costs about $39.99 at Walgreens, and is about ten dollars cheaper than the more well-known brand, Plan B. Often, those who need it can get it for cheaper or even free at a local Planned Parenthood clinic. The Walgreens in the robbery is located at 33rd and Boulevard in Edmond. There is a Planned Parenthood less than a quarter mile away on Boulevard, making this robbery seem even more unnecessary.
But instead of going to a free clinic for emergency contraceptive, this young man decided to rob a store to get it. And to make matters worse, this was no simple act of shoplifting. Instead, by pulling a gun on the manager, he elevated the charge to robbery with a dangerous weapon.
According to Oklahoma law in 21 O.S. § 801, armed robbery is a violent felony punishable by a minimum of 5 years in prison:
Any person or persons who, with the use of any firearms or any other dangerous weapons, whether the firearm is loaded or not, or who uses a blank or imitation firearm capable of raising in the mind of the one threatened with such device a fear that it is a real firearm, attempts to rob or robs any person or persons, or who robs or attempts to rob any place of business, residence or banking institution or any other place inhabited or attended by any person or persons at any time, either day or night, shall be guilty of a felony and, upon conviction therefor, shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time not less than five (5) years, at the discretion of the court, or the jury trying the same.
Unprotected sex is a bad decision. Stealing emergency contraception that one could get for free only a block away is a bad decision. Pulling a gun to complete the theft is an even worse decision. Now, for the theft of three boxes of pills valued at roughly $40 each, a man could find himself facing 5 years or more in prison.
A former second grade teacher accused of bringing syringes and heroin to school in her purse is believed to have reached a plea agreement with prosecutors and is expected to plead guilty in the case.
In early May, a teacher at Holmes Park Elementary School in Sapulpa told school administrators that second grade teacher Megan Sloan, 27, had left her Facebook account logged in on the witness's computer. The teacher said that Sloan left open a conversation in which she discussed using heroin and pawning school property.
Administrators called police and interviewed Sloan, who reportedly admitted to bringing syringes to school, to pawning school-owned iPads for cash, and using student field trip money to pay for gas and drugs. She reportedly consented to a search of her purse, which police say contained as many as 40 syringes, some containing liquid. Investigators say that the substances in her purse tested positive for methamphetamine and black tar heroin. They say she also had the prescription medication Suboxone in her purse, a controlled substance used as either a painkiller or an alternative used to treat addiction to narcotic painkillers.
Sloan was arrested and charged with multiple misdemeanors and felonies related to the drugs and theft of school property. Charges include one count of possession of a controlled substance in the presence of a minor, one count of possession of drug paraphernalia, one count of child neglect, and two counts of embezzlement.
On Friday, Sloan appeared in Creek County District Court and waived her right to a preliminary hearing. Assistant District Attorney Mike Loeffler said that the defendant is expected to enter a guilty plea pursuant to a plea arrangement reached with the Creek County District Attorney's Office. He did not provide details about the nature of the agreement.
A Midwest City man who distributed child pornography to an undercover investigator has been sentenced for his convictions of possession and distribution of child pornography and violating the Oklahoma Computer Crimes Act.
Gerald Prindle, 39, was arrested in May after sharing child pornography files on the internet. An undercover agent with the Internet Crimes against Children (ICAC) task force made contact with Prindle, who began sharing files containing images and videos of child pornography with him.
OSBI agents and Midwest City police executed a search warrant at Prindle's home, where they discovered a cell phone containing sexually explicit images and videos of children. Officers arrested the man, and he was subsequently charged with four counts of distributing child pornography, one count of possession of child pornography, and one count of violation of the Oklahoma Computer Crimes Act.
Last week, Prindle pleaded guilty to one count each of distribution and possession of child pornography and to using a computer to violate state law.
Oklahoma County District Judge Kevin McCray sentenced the convicted man to 15 years for the child pornography counts, with 7 years to be served in prison and 8 years of probation. For violating the Oklahoma Computer Crimes Act, he was sentenced to 5 years in prison with credit for time served. The sentences are to run concurrently.
Prindle will be required to register as a sex offender under the Oklahoma Sex Offender Registration Act. Distribution and possession of child pornography are Level 1 sex offenses. This means anyone convicted must register as a sex offender for a period of 15 years, providing annual address verification to law enforcement.
Learn more about Oklahoma Sex Offender registration here.
A Yukon attorney who pleaded no contest last fall to two counts of soliciting prostitution for making sexual advances toward a client is suspended from practicing law for six months.
The Oklahoma Supreme Court issued a public censure against W. Mark Hixon, 50, for his sexually exploitive behavior. During the disciplinary hearing, Hixon said he was "sick about" his behavior, noting that he let down "everyone in my life . . . starting with my wife."
The case began last August, when police were called to the home of one of Hixon's clients on a domestic issue. Once there, they searched the woman's phone, finding illicit text messages from the attorney to his client.
Hixon represented the woman--a 25-year-old single mother of a newborn--in a paternity case and in a municipal drug paraphernalia case.
When police arrived at her home in August, arresting her on a narcotics charge, she texted Hixon saying she was "in trouble" again, but broke. The attorney reportedly responded, "Would you like to do favors for a fee?"
Earlier text messages show that the lawyer told his client he had "always had a thing" for her and offered to take her on a shopping spree at Victoria's Secret. He asked for nude photos as a "preview." When she sent him sexually explicit photos of herself, he responded that he would like to get "the real thing," offering her $100. He also asked her how much she would charge for "straight sex," and asked what else she would be willing to do and what her rates would be.
Hixon was charged with two counts of soliciting prostitution as a result of the text messages, and in October, he pleaded no contest to the charges. He was sentenced to one year of probation and 25.5 hours of community service.
In November, the state Supreme Court suspended him from practicing law as a result of the criminal case pending the completion of the disciplinary process. On Tuesday, the Court reached its decision in the disciplinary case. While three justices believed the attorney should have been suspended for two years, the remaining five judges felt that the solicitation of prostitution from a client was an isolated incident. The Court determined to suspend the attorney from practice for six months, giving him credit for time already suspended in the interim.
Image credit: Pro Juventute
A Midwest City woman convicted of embezzling from an Oklahoma City machinists' union was sentenced in federal court last week.
Kathleen Marie Smith, 54, was the financial secretary-treasurer for Local Lodge 850 of the International Association of Machinists and Aerospace Workers when she embezzled more than $20,000 from the lodge and the Oklahoma State Council of Machinists.
In January, she pleaded guilty to the federal charge.
Smith testified that when she misappropriated the funds between November 2010 and December 2012, she was fueling a gambling addiction.
At sentencing, her attorney read a letter to the judge that Smith had written to the union confessing the embezzlement and detailing her plan to commit suicide so that her life insurance policy could be used to repay her debt. In the letter, Smith wrote, "I'm sorry for the mess I've created. . . . I hope others can learn from my mistakes." She then attempted suicide by overdosing on pills in her car in a funeral home parking lot, but woke up "upset" to find out that her plan did not work.
Since that time, Smith has reportedly received mental health treatment, and her treatment is ongoing. She told United States District Judge Stephen Friot that she no longer gambles.
On Friday, Judge Friot sentenced Smith to four years of probation, community service, and to pay restitution in the amount of $20,000 to the insurance companies for Local Lodge 850 and the Oklahoma State Council of Machinists. Her attorney said that she has already paid approximately $9,000 in restitution.
