Oklahoma Sex Crimes Criminal Defense Lawyer

In the last 10 years the Internet has changed the world in ways that no one thought possible. It’s unfortunate, but with the growing popularity of the Internet came a growth in Internet crime. The proliferation of Internet sex crimes have changes so rapidly that it’s created an entirely new mode of law enforcement. The web has given offenders access to children of all that was not possible until recently.

The growth and increased access to technology such as instant messaging, email and web cams have created an unprecedented opportunity for direct access to children. Of course, lewd and/or indecent proposals can be construed at times when no intent was present.

The possibilities of being charged with an Internet sex crime are everywhere. One growing example is the abuse or neglect of a child. This is a charge where prosecutors are saying that the defendants have engaged in conduct that sexually exploits a minor. Another common offense lately is indecent exposure/indecent exhibitions or obscene writings or pictures because technology has allowed for much easier generation of materials that are deemed illegal under traditional laws. Finally allegations of lewd or indecent proposals to a child under 16 are appearing more and more often. Sometimes these lewd or indecent proposals can come when there is no intent present.

If you’ve been charged with a sex crime in Oklahoma you are not alone. It is very important that you contact a professional Oklahoma sex crime attorney to help you understand your rights during this long and complicated legal process.

5-minutes Sex Discipline, Your Marriages can be Built to Last for 50 Years!

Sex discipline? Do we need that?

What are the morals on sex? Many people are not aware of sex discipline. Perhaps it is due to many people’s ignorance. It is a sad thing that sex crimes are on the rise. Sex criminals are everywhere. It is getting out of control. Sex itself is never wrong, but the way one does it is wrong. It is of great concern to all of us.

Here are 10 valuable rules that one should know about sex discipline.

The right concept of sex

The right concept of making love is strictly restricted to sex among willing males and females above 18 and are those who are truly in love. It is a noble expression of proving their love for one another. Sex is a seal of love towards the making of another new family. It is considered holy and sacred where there is genuine love between married spouses.

No sex should be allowed among family members nor close relatives. It is also to prevent abnormal genetic heritage that might lead to mutated offsprings. Incest is a shame and a disgrace in our community. Extramarital affairs are considered sinful and committing adultery, the Bible says.

Restrictions are for the best of all

No cross-breed of other beings besides human beings is allowed. Sex with animals or any breed is a curse and is seriously prohibited. One will pay dearly for cross-breed among animals or other creatures not that of homo sapien. The aftermaths too horrifying and unpredictable.

Legal laws are set to protect, not to promote fear

We are glad that there are legal laws still protecting underaged children from being exploited and manipulated as sex tools in illegal flesh industries. Underaged sex is prohibited too. Sounds like law and order, right? It makes sense! It spells logic! Proper and appropriate laws will bring forth peace and order in a family.

Genuine love stays to unite the family

Genuine love is truly reflected by family togetherness. Genuine love emphasizes on achieving family happiness and puts family first in importance. With that concept deeply embedded in our mind, all of us are willing to solve small and budding problems that comes our way..

The parents will know what is best for the family and will find precious time in the fostering of close relationships among them. A healthy and happy family is a pride in the society and will uphold good images and examples. Thus genuine love will stand strong and unfailing to trials and temptations.

No comparison please!

Each of us are our own best. There is not another one who can resemble us in face, voice, in physique, in talents, in qualities or personalities. Comparison hurts, comparison destroys. We are our own very best! There is no need to compare.

A bird in our hand is much better than many in the bushes. If one starts comparing, he won’t stop at just one. It is merely his bad habits and he will continue to keep comparing. Be wise to understand that comparisons will lead to more comparisons. Is not a woman also a lady? Is not that lady a woman too? Will familiarity breeds contempt? Will one treat our spouses as faded clothing to be thrown away after use? And get another new one? That is a real unkind thing to do! There is this law of harvest to be considered.

The importance of parenting

Parenting means new births. One should uphold the meaning of parenting. Parents should be responsible for the shaping of our younger generations. We should lead by decent and noble examples. We should work hard to make marriage stay. Parenting needs mutual understanding and patience in the face of adversities.

Look at the animal kingdom. Animal parents are aggressive parents and are extremely loving and caring for their young. Their parents will go to great extend to provide for their young. Learn from these smaller creatures too… Those mother birds….. Are we not better than these small animals?

The importance of responsibilities

A father has his responsibilities, a mother too has her responsibilities in the upbringing of her children. Love includes give and take. Love is patient and always sees answers instead of problems. Love is to be nurtured. Emotional weeds and wild plants grow due to neglect and lack of care and concern..

We should bank in kind words, decent character, faith, good deeds into our love account and prevent withdrawals like cheats, dishonesty and infidelity. Once the account goes bankrupt, the marriage will be on dangerous grounds.. The bigger one’s love account is, the more stable the marriage would be.

Be principle-centered!

A principle-centered person knows how to manage his time and live a balanced life. He will know how to do things in accordance of importance. Generally, they are productive in all ways. A balanced life-style will be his trait.

The side-effects of improper love

Sex crimes and criminals are negative, aggressive and destructive. They are slowly polluting our teenager’s mind and body. Emotionally, some are not ready for parenting. Some adverse effects for young girls and woman will be painful and hateful abortions. And not to forget sex transmitted diseases. In the United States alone, an estimated 15.3 million new cases of STDs are reported each year.

One can get and pass STDs through vaginal, anal, or oral sex. Each STD causes different health problems, overall, they can cause cervical cancer and other cancers, liver disease, pelvic inflammatory disease, infertility, pregnancy problems, and other complications. Some STDs increase your risk of getting HIV/AIDS. HIV/AIDS can cause a number of health problems and raise the risk of getting life-threatening diseases and certain forms of cancer.

Be loving and forgiving!

The best point to sum up the correct concept of love will be the art of loving and forgiving. Selfish love is built on taking and forgetting. Do not make a mockery of the meaning of genuine LOVE! It should not be distorted!

We should learn to discipline our sex urges, do not blame any male’s testosterone. We should be master of our body, not the other way round. One should learn not to emphasize on sensual pleasure of our flesh. We should go beyond that. We should move forward to achieving spiritual bliss that brings real happiness, wealth and health. Aim to achieve all 4 dimensions of health.

Tennessee Sex Crimes Are Changing

The Tennessee Legislature has added the following provision to the statutory rape statute:

(a) Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim.

T.C.A. § 39-13-506. 2006 Tennessee Laws Pub. Ch. 890 (S.B. 2644).

Mitigated statutory rape is still a Class E Felony. T.C.A. § 39-13-506.

Persons convicted of mitigated statutory rape do not have to register on the Tennessee Sex Offender Registry except under specific codified circumstances. Offenses that require registration upon conviction are enumerated in T.C.A. § 40-39-202.

T.C.A. § 40-39-202(17)(A)(ii)as it previously existed only included statutory rape. This provision has been deleted and replaced with:

Statutory rape, under 39-13-506, if the defendant was an authority figure, as defined in § 39-13-27(a)(1) and (a)(2), to the victim or if the defendant has at least one (1) prior conviction for mitigated statutory rape under § 38-13-506(a), statutory rape under § 39-13-506(b), or aggravated statutory rape under § 39-13-506(c).

T.C.A. § 40-39-202(17)(A)(ii). 2006 Tennessee Laws Pub. Ch. 890 (S.B. 2644).

Thus, when convicted of mitigated statutory rape or statutory rape, registration is only required if the person has a prior conviction for any of the offenses enumerated in the new statutory rape statute or if the person was an authority figure to the victim.

The statute allows registered offenders who would not have to register under the new statutory scheme to request termination from registration requirements for past convictions.

T.C.A. § 40-39-207(g)(1) states:

Any offender required to register pursuant to this chapter because such offender was convicted of the offense of statutory rape under § 39-13-506, and such offense was committed prior to July 1, 2006 may file a request for termination of registration requirements with TBI headquarters in Nashville if such offender would not be required to register if such offender would not be required to register if such offense was committed on or after July 1, 2006.

2006 Tennessee Laws Pub. Ch. 890 (S.B. 2644). In order to curb the TBI’s exercise of discretion (or to curb cynicism from the defense bar), the statute directs the TBI to terminate the requirements of registration if, in fact, the convicted person would not be required to register if the offense was committed after July 1, 2006. T.C.A. § 40-39-207(g)(2).

It is becoming particularly important for counsel to remain observant in the changes in sexual offender registration requirements. The importance is underscored by the legislature’s strengthening of the “constructive exile” provision.

T.C.A. § 40-39-211 now states:

(a) While mandated to comply with the requirements of this chapter, no sexual offender, as defined in § 40-39-202(16), or violent sexual offender, as defined in § 40-39-202(24), whose victim was a minor, shall knowingly establish a primary or secondary residence or any other living accommodation, or knowingly obtain sexual offender treatment or attend a sexual offender treatment program, or knowingly accept employment, within one thousand feet (1,000′) of the property line on which any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public.

2006 Tennessee Laws Pub. Ch. 890 (S.B. 2644).

This amended provision further limits the activities that the registered offender can participate in and broadens the areas in which the offender is prohibited from participating in those activities.

As the changes in the statutory rape provisions and the sex offender registration statute demonstrate, the area of law dealing with sex crimes is rapidly and constantly changing. Because of these changes, it is very important for counsel to stay abreast of the current law in order to achieve the best result for clients.

A Primer on Sex Crimes

There are many, many statutes that can expose you to criminal liability for your actions with underage persons or for viewing child pornography on the internet; far too many to discuss in this article. But, you should be aware of some basic information about these crimes.

In most states and in the federal system the age of consent is 16 years old. There are states where the age of consent is lower. These states have statutes permitting sexual intercourse with younger aged children in certain situations like marriage and are a carry over from times when it was advantageous or a practice to have your child marry early so that the burden of caring for the child was transferred to another. There are statutes in many states that provide the age of consent is higher if at the age of 16 the person has not had sexual intercourse. In these states, even though the age of consent is 16, sexual intercourse at 16 is statutory rape or rape if the person is a virgin. So, you can only have sexual intercourse at age 16 if you have committed the felony of statutory rape prior to the age of 16. Confused? Try this example. If you wait until your girlfriend is 16 years old before having sexual intercourse – say on her 16th birthday, the lawful age of consent, you can only have sexual intercourse with her if she has had sexual intercourse before she was 16 years old, say 13, 14, or 15 years old, which is a felony! These statutes do exist so it is best to be aware of the criminal laws in your jurisdiction.

Pretty much every state has a statute or statutes that allow a parent or guardian to request that the Courts allow an underage person to marry even if the age of consent is 16. It is highly unlikely, though, that any state will permit marriage of a girl below the age of 14 years, but in some states, there is no limitation or “threshold” age written into the statute.

The penalties for child porn are very severe. You can be charged with production, dissemination, receipt, and possession under many state and federal statutes which carry decades of jail or prison. These statutes are designed to stem the dissemination of child pornography that has become readily available on the internet.

Chat rooms are the most prevalent source of “trading” child pornography. Persons who use these “chat” rooms are solicited by pedophiles to trade images they may find on the internet. This community of pedophiles operates on a “one hand washes the other” principle. If you want someone to continue to send you images of child pornography, then you will be required to send images of child pornography. There is a premium interest in never before disseminated child porn so chat partners are encouraged and instructed on how best to “groom” children into modeling or committing acts of a sexual nature.

You cannot protect from these images if you open an internet file or image containing child pornography. The authorities can find these images on your computer and reconstruct them even if you delete the images, your history, or your temporary files. Encryption does not protect. The authorities have very sophisticated software that can reconstruct the images and chats once they gain access to your hard drive.

There is a difference between child porn and child erotica.

Child Porn is unlawful. This would be an image or movie in which the child is depicted committing or having a sexual act committed on them, a child posing in a sexually provocative manner, or otherwise intending to excite the prurient interest of the viewer. Do not be under any delusions, there are very graphic images of very, very young children committing very explicit sex acts on the internet!

Child Erotica is not unlawful but can put you on the radar. An image of a nude child at play, not intended to excite prurient interests, is considered child erotica. This is how nudist sites get away with publishing these images. As an example, it is not unlawful to purchase modeling competition videos taken at nudist camps of children. There is no escaping the purpose for the purchase of these videos. But the Supreme Court has ruled that no matter the reason for the purchase, possession, and viewing of these videos or images, if the images are not pornographic, they are not unlawful.

Sex crimes are very complex. Sex crimes charges can destroy your life even if they are baseless and unfounded. You need competent counsel if you are charged with any of these crimes.

GPS – Sex Crimes Tracking Problems

GPS tracking systems have been proposed by some as the future of sex crime corrections policies. These devices allow authorities to monitor paroled convicts with ease and seeming reliability without having to spend a great deal of state funding on incarceration. However, in practice, these tracking systems have been less than ideal.

In 2007, Arizona’s legislature found 35,000 notifications assigned to only 140 people, which illustrated the high number of false alarms the system produce. More studies have noted that keeping the devices charged can prove problematic. In California alone, in the time between the study responsible for accounting for the statistics and the when the GPS law was passed, homelessness in convicts raised by 900 percent. Without a central location to mark GPS parolees, the police’s ability to effectively use the tracking devices diminishes strongly.

Taking economic factors into consideration, the original intention behind GPS tracking, which came into prominence as an update of traditional parole methods in 2005, was predicated on the parolee being tied down to a localized area. Generally, house ownership or permanent residence was one of the expectations of the law. With new issues generated by economic downturn, the challenges presented by a more fluid society has made some reconsider the usefulness of GPS tracking.

As the full surveillance system consist of the tracking device itself, that device’s charger, a signal receiver, and computers with GPS software to analyze the data, the possibilities of electronic miscommunication or device failure can keep authorities working harder to address technical concerns or false alarms. When faced with the alternative of traditional parole or extended prison sentences, many states are willing to put up with the system’s flaws.