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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1417 By: Rader
AS INTRODUCED
An Act relating to child abuse; amending Section 3,
Chapter 366, O.S.L. 2024 (21 O.S. Supp. 2025, Section
20C), which relates to Class A1 offenses; conforming
statutory reference; updating statutory references
and language; amending 21 O.S. 2021, Section 843.5,
as last amended by Section 8, Chapter 486, O.S.L.
2025 (21 O.S. Supp. 2025, Section 843.5), which
relates to abuse, neglect, exploitation, or sexual
abuse of a child; modifying scope of certain
offenses; modifying certain penalty provisions;
providing certain affirmative defense; providing for
certain retroactivity; construing provisions;
defining terms; conforming language; updating
statutory language and references; repealing 21 O.S.
2021, Section 843.5, as amended by Section 6, Chapter
59, O.S.L. 2024 (21 O.S. Supp. 2025, Section 843.5),
which relates to abuse, neglect, exploitation, or
sexual abuse of a child; repealing 21 O.S. 2021,
Section 843.5, as last amended by Section 1, Chapter
281, O.S.L. 2025 (21 O.S. Supp. 2025, Section 843.5),
which relates to abuse, neglect, exploitation, or
sexual abuse of a child; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 3, Chapter 366, O.S.L.
2024 (21 O.S. Supp. 2025, Section 20C), is amended to read as
follows:
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Section 20C. A. Upon the effective date of this act On or
after January 1, 2026, Class A1 shall include the following criminal
offenses:
1. Domestic abuse committed against a pregnant woman with
knowledge of the pregnancy and a miscarriage occurs or injury to the
unborn child, as provided for in subsection E of Section 644 of
Title 21 of the Oklahoma Statutes this title;
2. Administering poison with intent to kill, as provided for in
Section 651 of Title 21 of the Oklahoma Statutes this title;
3. Second degree murder, as provided for in paragraph 1 of
Section 701.8 of Title 21 of the Oklahoma Statutes this title;
4. Second degree murder by a person engaged in the commission
of a felony, as provided for in paragraph 2 of Section 701.8 of
Title 21 of the Oklahoma Statutes this title;
5. Kidnapping for the purpose of extorting money, as provided
for in subsection A of Section 745 of Title 21 of the Oklahoma
Statutes this title;
6. Sexual abuse of a child under twelve (12) years of age, as
provided for in subsection F of Section 843.5 of Title 21 of the
Oklahoma Statutes this title;
7. Sexual exploitation of a child under twelve (12) years of
age, as provided for in subsection I of Section 843.5 of Title 21 of
the Oklahoma Statutes this title;
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8. Sexual abuse of a child under fourteen (14) years of age
subsequent to a previous conviction of sexual abuse of a child under
fourteen (14) years of age, as provided for in subsection K of
Section 843.5 of Title 21 of the Oklahoma Statutes this title;
9. Soliciting or aiding a minor to perform an obscene act, as
provided for in paragraph 1 of subsection B of Section 1021 of Title
21 of the Oklahoma Statutes this title;
10. Showing, exhibiting, loaning, or distributing to a minor
child obscene material or child pornography for purposes of inducing
the minor to participate in an obscene act, as provided for in
paragraph 2 of subsection B of Section 1021 of Title 21 of the
Oklahoma Statutes this title;
11. Murder, maiming, robbery, rape, or arson committed in the
course of a riot, as provided for in paragraph 1 of Section 1312 of
Title 21 of the Oklahoma Statutes this title;
12. Burglary by the aid or use of any explosive, as provided
for in Section 1441 of Title 21 of the Oklahoma Statutes this title;
13. Place Placing, manufacture manufacturing, possess
possessing, display displaying, or threaten threatening to use any
explosive or incendiary device and personal injury results, as
provided for in Section 1767.1 of Title 21 of the Oklahoma Statutes
this title;
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14. Aggravated manufacturing of a controlled dangerous
substance, as provided for in paragraph 3 of subsection G of Section
2-401 of Title 63 of the Oklahoma Statutes; and
15. Using any explosive or blasting agent to kill, injure, or
intimidate any person or to damage any real or personal property and
personal injury results, as provided for in subsection B of Section
124.8 of Title 63 of the Oklahoma Statutes.
B. Any person convicted of a Class A1 criminal offense set
forth in this section shall be punished in accordance with the
corresponding penalties provided for in the Oklahoma Statutes.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 843.5, as
last amended by Section 8, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2025, Section 843.5), is amended to read as follows:
Section 843.5. A. Any person who shall willfully or
maliciously engage in child abuse, as defined in this section,
shall, upon conviction, be guilty of a Class A3 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for a term not exceeding life imprisonment, or by
imprisonment in a county jail for a term not exceeding one (1) year,
or by a fine of not less than Five Hundred Dollars ($500.00) nor
more than Five Thousand Dollars ($5,000.00), or by both such fine
imprisonment and imprisonment fine.
B. Any person responsible for the health, safety, or welfare of
a child who shall willfully or maliciously engage in enabling child
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abuse, as defined in this section, shall, upon conviction, be guilty
of a Class A3 felony offense and shall be punished punishable by
imprisonment in the custody of the Department of Corrections for a
term not exceeding life imprisonment fifteen (15) years, or by
imprisonment in a county jail for a term not exceeding one (1) year,
or by a fine of not less than Five Hundred Dollars ($500.00) nor
more than Five Thousand Dollars ($5,000.00), or by both such fine
imprisonment and imprisonment fine.
C. Any person responsible for the health, safety, or welfare of
a child who shall willfully or maliciously engage in child neglect,
as defined in this section, shall, upon conviction, be guilty of a
Class B1 felony offense and shall be punished punishable by
imprisonment in the custody of the Department of Corrections for a
term not exceeding life imprisonment, or by imprisonment in a county
jail for a term not exceeding one (1) year, or by a fine of not less
than Five Hundred Dollars ($500.00) nor more than Five Thousand
Dollars ($5,000.00), or by both such fine imprisonment and
imprisonment fine.
D. Any parent or other person who shall willfully or
maliciously engage in enabling child neglect shall, upon conviction,
be guilty of a Class B1 felony offense and shall be punished
punishable by imprisonment in the custody of the Department of
Corrections for a term not exceeding life imprisonment fifteen (15)
years, or by imprisonment in a county jail for a term not exceeding
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one (1) year, or by a fine of not less than Five Hundred Dollars
($500.00) nor more than Five Thousand Dollars ($5,000.00), or by
both such fine imprisonment and imprisonment fine.
E. Any person responsible for the health, safety, or welfare of
a child who shall willfully or maliciously engage in child sexual
abuse, as defined in this section, shall, upon conviction, be guilty
of a Class A3 felony offense and shall be punished punishable by
imprisonment in the custody of the Department of Corrections for a
term not exceeding life imprisonment, or by imprisonment in a county
jail for a term not exceeding one (1) year, or by a fine of not less
than Five Hundred Dollars ($500.00) nor more than Five Thousand
Dollars ($5,000.00), or by both such fine imprisonment and
imprisonment fine, except as provided in Section 51.1a of this title
or as otherwise provided in subsection F of this section for a child
victim under twelve (12) years of age. 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 this subsection 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.
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F. Any person responsible for the health, safety, or welfare of
a child who shall willfully or maliciously engage in child sexual
abuse, as defined in this section, to a child under twelve (12)
years of age shall, upon conviction, be guilty of a Class A1 felony
offense and shall be punished punishable by imprisonment in the
custody of the Department of Corrections for a term not less than
twenty-five (25) years nor more than life imprisonment, and by a
fine of not less than Five Hundred Dollars ($500.00) nor more than
Five Thousand Dollars ($5,000.00).
G. Any parent or other person who shall willfully or
maliciously engage in enabling child sexual abuse shall, upon
conviction, be guilty of a Class A3 felony offense and shall be
punished punishable by imprisonment in the custody of the Department
of Corrections for a term not exceeding life imprisonment, or by
imprisonment in a county jail for a term not exceeding one (1) year,
or by a fine of not less than Five Hundred Dollars ($500.00) nor
more than Five Thousand Dollars ($5,000.00), or by both such fine
imprisonment and imprisonment fine.
H. Any person who shall willfully or maliciously engage in
child sexual exploitation, as defined in this section, shall, upon
conviction, be guilty of a Class A3 felony offense and shall be
punished punishable by imprisonment in the custody of the Department
of Corrections for a term not exceeding life imprisonment, or by
imprisonment in a county jail for a term not exceeding one (1) year,
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or by a fine of not less than Five Hundred Dollars ($500.00) nor
more than Five Thousand Dollars ($5,000.00), or by both such fine
imprisonment and imprisonment fine, except as provided in subsection
I of this section for a child victim under twelve (12) years of age.
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 this subsection 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.
I. Any person who shall willfully or maliciously engage in
child sexual exploitation, as defined in this section, of a child
under twelve (12) years of age shall, upon conviction, be guilty of
a Class A1 felony offense and shall be punished punishable by
imprisonment in the custody of the Department of Corrections for a
term not less than twenty-five (25) years nor more than life
imprisonment, and by a fine of not less than Five Hundred Dollars
($500.00) nor more than Five Thousand Dollars ($5,000.00).
J. Any person responsible for the health, safety, or welfare of
a child who shall willfully or maliciously engage in enabling child
sexual exploitation, as defined in this section, shall, upon
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conviction, be guilty of a Class A3 felony offense and shall be
punished punishable by imprisonment in the custody of the Department
of Corrections for a term not exceeding life imprisonment, or by
imprisonment in a county jail for a term not exceeding one (1) year,
or by a fine of not less than Five Hundred Dollars ($500.00) nor
more than Five Thousand Dollars ($5,000.00), or by both such fine
imprisonment and imprisonment fine.
K. Notwithstanding In addition to any other provision of
punishment prescribed by law, any person convicted of forcible anal
or oral sodomy, rape, or rape by instrumentation, or lewd
molestation of a child under fourteen (14) years of age subsequent
to a previous conviction for any offense of forcible anal or oral
sodomy, rape, rape by instrumentation, or lewd molestation of a
child under fourteen (14) years of age shall be guilty of a Class A1
felony offense and shall be punished punishable by death or by
imprisonment for life without parole.
L. Provided, however, that nothing contained in this section
shall prohibit any parent or guardian from using reasonable and
ordinary force pursuant to Section 844 of this title.
M. Consent shall not be a defense for any violation provided
for in this section.
N. Notwithstanding the age requirements of other statutes
referenced within this section, this section shall apply to any
child under eighteen (18) years of age.
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O. It is an affirmative defense to subsections B and D of this
section if the accused:
1. Had a reasonable apprehension that any action to stop the
abuse or neglect would result in substantial bodily harm to the
accused or the child;
2. Experienced domestic violence resulting in substantial
bodily harm, or mental or emotional injury which impaired the
ability of the accused to take action to stop the child abuse or
neglect; or
3. Voluntarily took immediate steps to end the abuse or neglect
of the child, including prompt notification of a certified domestic
violence service provider, family justice center, medical provider,
or law enforcement authority.
P. The penalties provided in subsections B and D of this
section shall be retroactive. Any person who committed an offense
provided in subsection B or D of this section, before November 1,
2026, may institute an application for post-conviction relief
pursuant to paragraph 3 of Section 1080 of Title 22 of the Oklahoma
Statutes. Nothing in this subsection shall be construed to create a
civil cause of action related to a change in the law governing an
applicant’s conviction.
Q. As used in this section:
1. “Child abuse” means:
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a. the willful or malicious harm or threatened harm or
failure to protect from harm or threatened harm to the
health, safety, or welfare of a child under eighteen
(18) years of age by a person responsible for a
child’s health, safety, or welfare, or
b. the act of willfully or maliciously injuring,
torturing or maiming a child under eighteen (18) years
of age by any person;
2. “Child neglect” means the a willful or malicious neglect, as
defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, of
a child under eighteen (18) years of age by a person responsible for
a child’s health, safety or welfare act or failure to act by a
person responsible for a child’s health, safety, or welfare that
evidences the person’s blatant disregard for the consequences of the
act or failure to act, resulting in harm or threatened harm to the
child or creating an immediate danger to the child’s physical health
or safety. This includes failing to provide basic necessities like
food, clothing, shelter, medical care, or supervision;
3. “Child sexual abuse” means the willful or malicious sexual
abuse of a child under eighteen (18) years of age by a person
responsible for a child’s health, safety, or welfare and includes,
but is not limited to:
a. sexual intercourse,
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b. penetration of the vagina or anus, however slight, by
an inanimate object or any part of the human body not
amounting to sexual intercourse,
c. sodomy,
d. incest, or
e. a lewd act or proposal, as defined in this section;
4. “Child sexual exploitation” means the willful or malicious
sexual exploitation of a child under eighteen (18) years of age by
another and includes, but is not limited to:
a. human trafficking, as provided for in Section 748 of
this title, if the offense involved child trafficking
for commercial sex,
b. trafficking in children, as provided for in Section
866 of this title, if the offense was committed for
the sexual gratification of any person,
c. procuring or causing the participation of a minor in
child pornography sexual abuse material, as provided
for in Section 1021.2 of this title,
d. purchase, procurement, or possession of child
pornography sexual abuse material, as provided for in
Section 1024.2 of this title,
e. engaging in or soliciting prostitution, as provided
for in Section 1029 of this title, if the offense
involved child sex trafficking,
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f. publication, distribution, or participation in the
preparation of obscene material, as provided for in
Section 1040.8 of this title, if the offense involved
child pornography sexual abuse material,
g. aggravated possession of child pornography sexual
abuse material, as provided for in Section 1040.12a of
this title,
h. sale or distribution of obscene material, as provided
for in Section 1040.13 of this title,
i. soliciting sexual conduct or communication with a
minor by use of technology, as provided for in Section
1040.13a of this title,
j. offering or transporting a child for purposes of child
sex trafficking, as provided for in Section 1087 of
this title, and
k. child sex trafficking, as provided for in Section 1088
of this title;
5. “Enabling child abuse” means the causing, procuring, or
permitting of child abuse by a person responsible for a child’s
health, safety, or welfare;
6. “Enabling child neglect” means the causing, procuring, or
permitting of child neglect by a person responsible for a child’s
health, safety, or welfare;
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7. “Enabling child sexual abuse” means the causing, procuring,
or permitting of child sexual abuse by a person responsible for a
child’s health, safety, or welfare;
8. “Enabling child sexual exploitation” means the causing,
procuring, or permitting of child sexual exploitation by a person
responsible for a child’s health, safety, or welfare;
9. “Incest” means marrying, committing adultery, or fornicating
with a child by a person responsible for the health, safety, or
welfare of a child;
10. “Lewd act or proposal” means:
a. making any oral, written, or electronic or computer-
generated lewd or indecent proposal to a child for the
child to have unlawful sexual relations or sexual
intercourse with any person,
b. looking upon, touching, mauling, or feeling the body
or private parts of a child in a lewd or lascivious
manner or for the purpose of sexual gratification,
c. asking, inviting, enticing, or persuading any child to
go alone with any person to a secluded, remote, or
secret place for a lewd or lascivious purpose,
d. urinating or defecating upon a child or causing,
forcing, or requiring a child to defecate or urinate
upon the body or private parts of another person for
the purpose of sexual gratification,
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e. ejaculating upon or in the presence of a child,
f. causing, exposing, forcing, or requiring a child to
look upon the body or private parts of another person
for the purpose of sexual gratification,
g. causing, forcing, or requiring any child to view any
obscene materials, child pornography sexual abuse
material or materials deemed harmful to minors as such
terms are defined in Sections 1024.1 and 1040.75 of
this title,
h. causing, exposing, forcing, or requiring a child to
look upon sexual acts performed in the presence of the
child for the purpose of sexual gratification, or
i. causing, forcing, or requiring a child to touch or
feel the body or private parts of the child or another
person for the purpose of sexual gratification;
11. “Permit” means to authorize or allow for the care of a
child by an individual when the person authorizing or allowing such
care knows or reasonably should know that the child will be placed
at risk of the conduct or harm proscribed by this section;
12. “Person responsible for a child’s health, safety, or
welfare” for purposes of this section shall include, but not be
limited to:
a. the parent of the child,
b. the legal guardian of the child,
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c. the custodian of the child,
d. the foster parent of the child,
e. a person eighteen (18) years of age or older with whom
the parent of the child cohabitates, who is at least
three (3) years older than the child,
f. any other person eighteen (18) years of age or older
residing in the home of the child, who is at least
three (3) years older than the child,
g. an owner, operator, agent, employee, or volunteer of a
public or private residential home, institution,
facility, or day treatment program, as defined in
Section 175.20 of Title 10 of the Oklahoma Statutes,
that the child attended,
h. an owner, operator, agent, employee, or volunteer of a
child care facility, as defined in Section 402 of
Title 10 of the Oklahoma Statutes, that the child
attended,
i. an intimate partner of the parent of the child, as
defined in Section 60.1 of Title 22 of the Oklahoma
Statutes, or
j. a person who has voluntarily accepted responsibility
for the care or supervision of a child;
13. “Sexual intercourse” means the actual penetration, however
slight, of the vagina or anus by the penis; and
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14. “Sodomy” means:
a. penetration, however slight, of the mouth of the child
by a penis,
b. penetration, however slight, of the vagina of a person
responsible for a child’s health, safety, or welfare,
by the mouth of a child,
c. penetration, however slight, of the mouth of the
person responsible for a child’s health, safety, or
welfare by the penis of the child, or
d. penetration, however slight, of the vagina of the
child by the mouth of the person responsible for a
child’s health, safety, or welfare.
SECTION 3. REPEALER 21 O.S. 2021, Section 843.5, as
amended by Section 6, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2025,
Section 843.5), is hereby repealed.
SECTION 4. REPEALER 21 O.S. 2021, Section 843.5, as last
amended by Section 1, Chapter 281, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 843.5), is hereby repealed.
SECTION 5. This act shall become effective November 1, 2026.
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