Okla. Stat. tit. 21, § 843.1
Abuse, Neglect, or Financial Exploitation by Caretaker
Effective Mar 8, 2002Laws 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 July 1, 1998 (superseded document available); Amended by Laws 1998, HB 2252, c. 219, § 1, eff. November 1, 1998 (superseded document available); Amended by Laws 1998, HB 2397, c. 298, § 7 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr.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 June 19, 1998) (superseded document available); Amended by Laws 1999, 1st Extr.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 July 1, 1999 (superseded document available); Amended by Laws 2001, SB 494, c. 194, § 1, emerg.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 July 1, 2001 (repealed by Laws 2002, HB 2329, c. 22, § 34, emerg.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 June 5, 2001 (superseded document available).
Multiple Amendments Enacted During the 2001 Legislative Session
A.
- 1. No caretaker shall abuse, neglect, commit sexual abuse, or exploit any person entrusted to the care of the caretaker, or knowingly cause, secure, or permit any of these acts to be done.
- 2. For purposes of this section, the terms "caretaker", "abuse", "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 State Penitentiary 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.
- 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 State Penitentiary 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.
Version Two (as amended by Laws 2001, SB 803, c. 428, § 3, emerg. eff. June 5, 2001):
A.
- 1. No caretaker or other person shall willfully abuse, 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 shall cause, secure, or permit any of these acts to be done.
- 2. For purposes of this section, the terms , "abuse", "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 and shall be subject to incarceration in the custody of the Department of Corrections for a period not to exceed ten (10) years. 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. Any person convicted of a violation of this paragraph shall be subject to incarceration in the custody of the Department of Corrections for a period not to exceed fifteen (15) years.
- 3. The fine for a violation of this section shall not be more than Ten Thousand Dollars ($10,000.00).
- C. Consent shall not be a defense for any violation of this section.
Version One (as 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):
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).