Okla. Stat. tit. 21, § 843.1
Abuse, Neglect, or Financial Exploitation by Caretaker
Effective Nov 1, 2007Laws 1984, HB 1460, c. 140, § 2, eff. November 1, 1984; Amended by Laws 1997, HB 1213, c. 133, § 247, emerg. eff. July 1, 1998 (superseded document available); Amended by Laws 1998, HB 2252, c. 219, § 1, eff. November 1, 1998 (superseded document available); Amended by Laws 1998, HB 2397, c. 298, § 7 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, emerg. eff. June 19, 1998) (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, § 151, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2001, SB 494, c. 194, § 1, emerg. eff. July 1, 2001 (repealed by Laws 2002, HB 2329, c. 22, § 34, emerg. eff. March 8, 2002); Amended by Laws 2001, SB 803, c. 428, § 3, emerg. eff. June 5, 2001 (superseded document available); Amended by Laws 2002, HB 2329, c. 22, § 8, emerg. eff. March 8, 2002 (superseded document available); Amended by Laws 2007, SB 398, c. 68, § 1, eff. November 1, 2007; Amended by Laws 2007, HB 1760, c. 261, § 5, eff. November 1, 2007 (superseded document available).
A.
- 1. No caretaker or other person shall abuse, commit financial neglect, neglect, commit sexual abuse, or exploit any person entrusted to the care of such caretaker or other person in a nursing facility or other setting, or knowingly cause, secure, or permit any of these acts to be done.
- 2. For purposes of this section, the terms, "abuse", "financial neglect", "neglect", "sexual abuse", and "exploit" shall have the same meaning as such terms are defined and clarified in Section 10-103 of Title 43A of the Oklahoma Statutes.
B.
- 1. Any person convicted of a violation of this section, except as provided in paragraph 2 of this subsection, shall be guilty of a felony. The violator, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed ten (10) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment. Such person’s term shall further be subject to the provisions of Section 13.1 of this title.
- 2. Any person convicted of violating the provisions of this section by committing sexual abuse shall be guilty of a felony. The person convicted of sexual abuse shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed fifteen (15) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
- C. Consent shall not be a defense for any violation of this section.
- D. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of paragraph 2 of subsection B of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.
Laws 1984, HB 1460, c. 140, § 2, eff. November 1, 1984; Amended by Laws 1997, HB 1213, c. 133, § 247, emerg. eff. July 1, 1998 (superseded document available); Amended by Laws 1998, HB 2252, c. 219, § 1, eff. November 1, 1998 (superseded document available); Amended by Laws 1998, HB 2397, c. 298, § 7 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, emerg. eff. June 19, 1998) (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, § 151, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2001, SB 494, c. 194, § 1, emerg. eff. July 1, 2001 (repealed by Laws 2002, HB 2329, c. 22, § 34, emerg. eff. March 8, 2002); Amended by Laws 2001, SB 803, c. 428, § 3, emerg. eff. June 5, 2001 (superseded document available); Amended by Laws 2002, HB 2329, c. 22, § 8, emerg. eff. March 8, 2002 (superseded document available); Amended by Laws 2007, SB 398, c. 68, § 1, eff. November 1, 2007; Amended by Laws 2007, HB 1760, c. 261, § 5, eff. November 1, 2007 (superseded document available).