Lewd Molestation: What It Is, the Penalties Upon Conviction, and Why an Experienced Criminal Defense Attorney Is Essential

You need a skilled and experienced criminal attorney for a lewd molestation case. Far too often I see attorneys representing people in these cases that have no business handling this subject matter. If the client only knew what they bought with the lawyer…

Why You Need an Experienced Criminal Defense Attorney to Help You Fight Lewd Molestation Charges

What do these lawyers tell the prospective client about their abilities and experience to get them to sign? If it was the truth, I couldn’t imagine the client would have hired them.

The District Attorney’s office has prosecutors who devote their entire caseload and training to sex crimes. You need that same dedication in the lawyer defending you.

Lewd molestation and its “evil cousin” the charge of child sexual abuse are the most common cases I see day in and day out. The ease with which these allegations are made and how quickly and fervently law enforcement believes the allegations are shameful.

Law enforcement is trained to believe the accuser and to discount or justify any problems with their story. Police willingly and purposefully look past outrageous stories, stories with inconsistencies, and stories that are illogical or physically impossible.

What Is the Crime of Lewd Molestation in Oklahoma?

Unfortunately for my clients, the word of the accuser is enough to get them charged. An accusation alone is enough to stop your life in its tracks and subject you to the pains and penalties associated with criminal legal investigations and court proceedings. Law enforcement only cares about making a case against you. Police and prosecutors don’t believe you. They think you are a liar and a child molester. They believe the accuser and want you to be charged with the accusation.

In Oklahoma, “lewd molestation” is defined in the Oklahoma Statutes, Title 21 section 1123(a). Lewd molestation covers a wide variety of illegal conduct:

  • It is a felony to knowingly and intentionally make any oral, written or electronically lewd or indecent proposal to any child under 16 years old or someone the person believes is under 16, for the child to have unlawful sexual relations or sexual intercourse with any person;
  • Knowingly and intentionally to look upon, touch, maul, or feel the body or private parts of any child under 16 in any lewd or lascivious manner by any acts against public decency or morality;
  • Knowingly and intentionally to ask, invite, entice, or persuade any child under 16, or other individual the person believes is under 16, to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality with the child;
  • Knowingly and intentionally in a lewd and lascivious way to look upon, touch, maul, or feel the body or private parts of any child under 16 in any indecent manner or in any manner relating to sexual matters or sexual interest;
  • Knowingly and intentionally in a lewd and lascivious manner and for the purpose of sexual gratification to
    • Urinate or defecate upon a child under 16;
    • Ejaculate upon or in the presence of a child;
    • Cause, expose, force or require a child to look upon the body or private parts of another person;
    • Force or require any child under 16 (or other individual the person believes to be a child under 16) to view any obscene materials, child pornography or materials deemed harmful to minors;
    • Cause, expose, force or require a child to look upon sexual acts performed in the presence of the child; or
    • Force or require a child to touch or feel the body or private parts of the child or another person.

Penalties You Could Face for Lewd Molestation

The penalties for these charges are massive, catastrophic, and life-altering.

Under Oklahoma law, lewd molestation as described above is a felony punishable by imprisonment for three to 20 years if the child is 12 years or older. If the child is under the age of 12, the term of imprisonment is 25 years to life. Twenty-five years is the mandatory minimum for a first offense with no criminal history if the accuser is under the age of 12.

These charges are considered “85 percent crimes,” meaning you must serve 85% of the sentence before being eligible to parole or good time credits. These charges also require mandatory sex offender registration for life.

Hire a Tulsa Sex Crime Lawyer Now

If you or a loved one has been charged with molestation or child sexual abuse, you need to contact a focused and dedicated sex crime lawyer. Molestation or child sexual abuse charges are catastrophic in nature and by design. I will provide you with the legal defense that you require for such a charge. Call me today so that I can begin to develop your defense and work to get your life back as soon as possible.

Lee Berlin
Dedicated to defending clients accused of domestic violence and sex crimes in Tulsa and throughout Oklahoma.