The laws in Oklahoma have very strong protections for minors and children under the age of 18 from being exploited for child pornography.
The problem is that Oklahoma sex crime laws as of right now can’t keep up with technology. And what we see is that these children, whom the laws were designed to protect from adult predators, are now becoming defendants charged with possession, distribution, and procurement of child pornography. How is this happening?
From criminal defense attorney Jacqui Ford, here’s what you need to know about being charged with sex crimes involving children in Oklahoma.
“Sexting” and Child Pornography in Oklahoma
“Sexting” is the act of texting in a flirtatious or sexual way. What we see more and more these days with cameras and videos on everyone’s phones is that our children, mostly our teenagers — who are still children under the law — are engaging in an act of exchanging photographs with their friends, and their boyfriends and girlfriends.
What these children don’t know is what they’re doing is a crime. It’s a felony crime in the state of Oklahoma to possess child pornography. It is a felony crime in the state of Oklahoma to manufacture child pornography. And it is a felony crime in the state of Oklahoma to distribute child pornography. Every one of those crimes is a registerable offense.
So how do our teenagers find themselves charged with possession, manufacture, or distribution?
How “Sexting” Turns Into Child Pornography Charges
Let’s say a teenage boy sends a text to his girlfriend. They’re flirting back and forth and talking about all of the things they want to do to one another. And the boyfriend says, “Hey, why don’t you send me a pic?” Girlfriend, whether she’s inclined to do so, or not, ultimately decides she’s going to send a sexy pic of herself to her boyfriend because she doesn’t want to be rejected. Who doesn’t want to give their boyfriend what he’s asking for?
And she takes a photograph of herself. If she is under the age of 18, she has now manufactured child pornography.
Once she has that photograph, or video, on her phone she’s committed the secondary crime of possessing the child pornography that she manufactured. And the moment she hits ‘SEND’ she has participated in the distribution of child pornography.
Penalties for Oklahoma Child Pornography Charges
These are very, very serious crimes. Possession of child pornography, including showing it, or publishing it to others, or sending it, are all registerable offenses. These sex crimes carry a minimum of 30 days and up to 10 years in the Oklahoma Department of Corrections.
There is special kind of probation terms that you can receive in Oklahoma which include ‘deferred sentences’ and ‘suspended sentences.’
Suspended sentences are, in fact, felony convictions. They will follow you for the rest of your life. A felony conviction cannot be expunged from your record. Therefore, the law permits for deferred sentences. But in these cases, the state legislature has said that you are not entitled to a deferred. This means that your precious 17-year-old child who was either the text-or, or the text-ee, who is in possession of these sexy pics, is now a convicted felon for the rest of his, or her, life.
What a terrifying result for kids just doing what kids do. Unfortunately, ignorance of the law is not a defense. And, depending on where you’re located, and who your prosecuting agency is, the consequences can be quite grave.
If you solicit pictures of child pornography, ask for them, send out a request, it carries up to 20 years in the Oklahoma Department of Corrections. That is an ‘85% crime.’ Again, there are no ‘deferreds’ and you will register for the rest of your life.
The fines are astronomical – more money than teenagers can fathom making in their lifetime. So, it’s incredibly problematic. We owe a duty to our children to talk to them about sexting. To talk to them about the consequences of sexting.
What to Do If Your Teen Has Been Charged with These Sex Crimes
It’s important that we all know that even though we know it’s ‘just kids being kids,’ the cops don’t care and the district attorneys don’t care. It is a violation of the law and they do arrest these children. And they do take them to jail. And they do, in fact, charge them with felony crimes. Sometimes these children will be charged in adult court; sometimes they will be charged in juvenile court. But, regardless, the consequences are life-long.
So, as parents, educators, and friends of kids, and aunts and uncles, we all have to be able to have these hard conversations. And nobody wants to go talk to their children about sex or sexting. And nobody wants to have a conversation as to whether, or not, their beautiful has sent nude photographs of herself, or if their handsome son is sending nude photographs of himself.
But we owe it to them as their parents, and the people here to teach them, because ignorance of this law is no defense, and the consequences last a lifetime.
How Jacqui Ford Law Can Help
Learning all of this information can be overwhelming — and these cases can feel hopeless.
The fact of the matter is that’s not the case. That is the way the law is designed, but when you hire an experienced criminal defense lawyer who works in these kinds of cases, we understand how to negotiate these matters and how to navigate you, and your child, through the incredibly traumatic criminal justice system.
These cases can be worked out. We can work with the district attorney to do things to mitigate the damages. Although they’re not legal defenses as if we were in front of a jury, there are ways to be able to save our kids in certain situations.
Even if your teen is facing these sex crime charges, there’s a lot of hope and there’s a lot of light at the end of this tunnel. It’s just going to take some work.
Contact an Oklahoma City Defense Attorney Today
When you seek counsel, you want to find someone who’s experienced in defending children who are charged in these kinds of child pornography cases and is familiar with sexting and the laws surrounding sexting in Oklahoma today. If you ever need any information on these matters, please feel free to contact Jacqui Ford Law today. It would be our pleasure to at least be able to advise you, and, if necessary, represent you and your child.
