Multiple Amendments Enacted During the 2002 Legislative Session

1. A. Any person who forces another person to engage in the detestable and abominable crime against nature, pursuant to Section 886 of this title, upon conviction, is guilty of a felony punishable by imprisonment in the State Penitentiary for a period of not more than twenty (20) years, except as provided in Section 3 of this act. Any person convicted of a second violation of this section, where the victim of the second offense is a person under sixteen (16) years of age, shall not be eligible for probation, suspended or deferred sentence.

2. B. The crime of forcible sodomy shall include:

   1. 1. Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age; or
   2. 2. Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
   3. 3. Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime; or

   4. 4. Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state.

      Version 2 (as amended by Laws 2002, SB 1536, c. 460, § 9, eff. November 1, 2002)

   5. A. Any person who forces another person to engage in the detestable and abominable crime against nature, pursuant to Section 886 of this title, upon conviction, is guilty of a felony punishable by imprisonment in the State Penitentiary for a period of not more than twenty (20) years. Any person convicted of a second violation of this section, where the victim of the second offense is a person under sixteen (16) years of age, shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of this section, where the victim of the third or subsequent offense is a person under sixteen (16) years of age, shall be punished by imprisonment in the State Penitentiary for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court. Any person convicted of a violation of this subsection after having been twice convicted of a violation of subsection A of Section 1114 of this title, a violation of Section 1123 of this title or sexual abuse of a child pursuant to Section 7115 of Title 10 of the Oklahoma Statutes, or of any attempt to commit any of these offenses or any combination of said offenses, shall be punished by imprisonment in the State Penitentiary for a term of life or life without parole.

   6. B. The crime of forcible sodomy shall include:

      1. 1. Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age; or
      2. 2. Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
      3. 3. Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime; or
      4. 4. Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state.

Version 1 (as amended by Laws 2002, SB 1425, c. 455, § 4, emerg. eff. June 5, 2002)

Laws 1981, SB 527, c. 57, § 1, eff. October 1, 1981; Amended by Laws 1982, HB 1489, c. 11, § 1, eff. October 1, 1982; Amended by Laws 1990, HB 2334, c. 224, § 1, eff. September 1, 1990; Amended by Laws 1992, SB 912, c. 289, § 2, emerg. eff. May 25, 1992; Amended by Laws 1997, HB 1213, c. 133, § 264 (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, § 168, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2000, HB 2121, c. 175, § 1, eff. November 1, 2000 (superseded document available); Amended by Laws 2002, SB 1425, c. 455, § 4, emerg. eff. June 5, 2002; Amended by Laws 2002, SB 1536, c. 460, § 9, eff. November 1, 2002 (superseded document available).