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What are the elements of spusal rape in the 1st degree
- 1. sexual intercourse
- 2. with the spouse of the defendant
- 3. where force/violence was threatened against the victim/another person and the defendant had the power to carry out the threat
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what are the elements of rape in the 2nd degree?
- 1. sexual intercourse
- 2. with a person who is not the spouse of the defendant (and may of the same sex )
- 3. where the victim was under the age of sixteen
- {or}
- 3. where the victim was intoxicated by a/an narcotic/anesthetic
- 4. given by or in the presense of the defendant
- 5. as a means of forcing the victim to submit
- {or}
- 3. where the victim was at the time unconscious and unaware and the defendant knew this
- {or}
- 3. where the victim was under the belief induced by the defendant that the victim was having intercourse with his/her spouse
- {or}
- 3. where the victim was under the legal custody of a state agency
- 4. the victim engaged in sex with a state employee/employee of a contractor of the state
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What are the elements of rape by instrumentation in the 1st degree
- 1. penetration of the anus/vagina
- 2. of any other person
- 3. by (an inanimate object/(a part of the human body other than the penis)
- 4. without his/her consent
- 5. which resulted in bodily harm
- 6. [List the cricumstances which exist]
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What are the elements of rape by instrumentation in the 1st degree (child under 14)
- 1. penetration of the anus/vagina
- 2. of a child under 14 years of age
- 3.by (an inanimate object/(a part of the human body other than the penis)
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What are the elements of raspe by instrumentation in the 2nd degree?
- 1. penetration of the anus/vagina;
- 2. of any other person;
- 3. by (an inanimate object)/(a part of the human body other than the penis);4. without his/her consent;
- 5. [List the circumstances which exist]
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What are the elements of forcible oral sodomy?
- 1. penetration
- 2. of the mouth/vagina of the defendant/victim;
- 3. by the mouth/penis of the defendant/victim
- 4. by (threats of) force/violence and the apparent ability to make good on the threat
- {or}
- 4. by a person over the age of 18 on a child under the age of 16
- {or}
- 4. committed upon a person incable throu mental illness or any unsoundness giving legal consent
{or}- 4. committed by a state/county/municipal employee/contractor upon a person who was under the legal custody, supervision or authority of a state/country.. agency
- i.e. a prison guard on a prisoner
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What are the elements of lewd acts (molestation) with/[indecent proposals to] a child under 16
- 1. the defendant was at least 3 years older than the victim
- 2. who knowingly and intentionally
- 3. made any spoken/written/electronic/computer generated lewd or indecent proposal
- 4. to any child under 16 years of age
- 5 for the child to have unlawful sexual relations
- {or}
- 3. (looked upon)/touched/mauled/felt
- 4. the body or private parts
- 5. of any child under 16 years of age
- 6. in any lewd or lascivious manner
- {or}
- 3. asked/invited/enticed/persuaded;
- 4. any child under 16 years of age
- 5. to go alone with any person
- 6. to a secluded/remote/secret place
- 7. with the unlawful and willful intent and purpose
- 8. to commit [identify crime against public decency & morality]
- {or}
- 3. in a lewd & lacivious manner
- 4. for the purpose of sexual gratification
- 5. urinated/defecated upon/ejaculated upon/in the prescence of
- 6. any child under 16 years of age
- {or}
- 3. in a lewd & lascivious manner
- 4. for the purpose of sexual gratificaton
- 5. forced/required any child under 16 years of age
- 6. to look upon (the body/private parts) of another person/sexual acts performed in the presence of the child
- {or}
- 3. in a lewd & lascivious manner
- 4. for the purpose of sexual gratificaton
- 5. forced/required any child under 16 years of age
- 6. to touch/feel the body/private parts of the the child/another person
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What are the elements of sexual battery?
- 1. intentionally
- 2. touched/felt/mauled
- 3. the body/private parts
- 4. of any person 16 years of age or older
- 5. without his/her consent
- 6. in a lewd & lasciviou manner
- {or}
- 1. a state/county/... employee/contractor...
- 2. intentionally
- 3. touched/felt/mauled
- 4. the body/private parts
- 5. of any person 16 years or older
- 6. who was under the legal custody, supervision, or authority of a state/county... of Oklaoma
- 7. in a lewd and lascivious manner
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What are the elements of indecent exposure?
- 1. willfully
- 2. and in a lewd manner
- 3. exposed his/her person/penis/vagina
- 4. in a public place/palce where there were present other persons to be offended
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What are the elements of peeping tom?
- 1. hid/waited/loitered
- 2. in the vicinity of any (private dwelling house/apartment building/place of residence
- 3. with the unlawful & willful intent
- 4. to watch/gaze/look upon the occupants
- 5. in a secretive manner
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What are the elements of incest
- 1. married to/committed adultery/fornication with
- 2. the defendan'ts [Identify relationship to defendant, e.g., child, sister, etc.
less than rape
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What is consent of minor defined?
Under the age of 14/16 is incapable of giving consent/agreement to engage in sexual conduct which is otherwise prohibited.
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What is rape/sexual intercourse defined?
Sexual intercouse is the actual penetration of the vagina/anus by the penis. Any sexual penetration, however slight, is sufficient to complete the crime.
O.S. 1991
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