Okla. Stat. tit. 22 § 40

Current through Laws 2024, c. 453.

Section 40 - [Multiple versions] Definitions

As used in Sections 40 through 40.3 of this title:

1. "Assault and battery with a deadly weapon" means assault and battery with a deadly weapon or other means likely to produce death or great bodily harm as provided in Section 652 of Title 21 of the Oklahoma Statutes;

2. "Forcible sodomy" means the act of forcing another person to engage in the detestable and abominable crime against nature pursuant to Sections 886 and 887 of Title 21 of the Oklahoma Statutes that is punishable under Section 888 of Title 21 of the Oklahoma Statutes;

3. "Kidnapping" means kidnapping or kidnapping for purposes of extortion as provided in Sections 741 and 745 of Title 21 of the Oklahoma Statutes;

4. "Member of the immediate family" means the spouse, a child by birth or adoption, a stepchild, a parent by birth or adoption, a stepparent, a grandparent, a grandchild, a sibling or a stepsibling of a victim of first-degree murder;

5. "Rape" means an act of sexual intercourse accomplished with a person pursuant to Sections 1111, 1111.1 and 1114 of Title 21 of the Oklahoma Statutes; and

6. "Sex offense" means the following crimes:

a. sexual assault as provided in Section 681 of Title 21 of the Oklahoma Statutes,

b. human trafficking for commercial sex as provided in Section 748 of Title 21 of the Oklahoma Statutes,

c. sexual abuse or sexual exploitation by a caretaker as provided in Section 843.1 of Title 21 of the Oklahoma Statutes,

d. child sexual abuse or child sexual exploitation as provided in Section 843.5 of Title 21 of the Oklahoma Statutes,

e. permitting sexual abuse of a child as provided in Section 852.1 of Title 21 of the Oklahoma Statutes,

f. incest as provided in Section 885 of Title 21 of the Oklahoma Statutes,

g. forcible sodomy as provided in Section 888 of Title 21 of the Oklahoma Statutes,

h. child stealing for purposes of sexual abuse or sexual exploitation as provided in Section 891 of Title 21 of the Oklahoma Statutes,

i. indecent exposure or solicitation of minors as provided in Section 1021 of Title 21 of the Oklahoma Statutes,

j. procuring, producing, distributing or possessing child pornography as provided in Sections 1021.2 and 1024.2 of Title 21 of the Oklahoma Statutes,

k. parental consent to child pornography as provided in Section 1021.3 of Title 21 of the Oklahoma Statutes,

l. aggravated possession of child pornography as provided in Section 1040.12a of Title 21 of the Oklahoma Statutes,

m. distributing obscene material or child pornography as provided in Section 1040.13 of Title 21 of the Oklahoma Statutes,

n. offering or soliciting sexual conduct with a child as provided in Section 1040.13a of Title 21 of the Oklahoma Statutes,

o. procuring a child for child sex trafficking or other lewd acts as provided in Section 1087 of Title 21 of the Oklahoma Statutes,

p. inducing a child to engage in child sex trafficking as provided in Section 1088 of Title 21 of the Oklahoma Statutes, and

q. lewd or indecent proposals or acts to a child or sexual battery as provided in Section 1123 of Title 21 of the Oklahoma Statutes.

Okla. Stat. tit. 22, § 40

Amended by Laws 2024 , c. 151, s. 8, eff. 11/1/2024.

Amended by Laws 2016 , c. 183, s. 2, eff. 11/1/2016.

Amended by Laws 2015 , c. 206, s. 2, eff. 11/1/2015.

Added by Laws 1982, HB 1832, c. 220, § 1, eff. 10/1/1982; Amended by Laws 1991, SB 397, c. 112, § 1, eff. 9/1/1991; Amended by Laws 2000 , SB 1516, c. 370, § 1, emerg. eff. 7/1/2000; Amended by Laws 2002 , SB 1650, c. 466, § 1, emerg. eff. 6/5/2002.

This section is set out more than once due to postponed, multiple, or conflicting amendments.