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An Act
ENROLLED SENATE
BILL NO. 599 By: Hamilton, Burns, Bullard,
Prieto, Deevers,
Standridge, McIntosh,
Grellner, Wingard, Hines,
Woods, Sacchieri, Murdock,
Bergstrom, Frix, Guthrie,
and Pederson of the Senate
and
Turner, Manger, Maynard,
Bashore, Wilk, Adams,
Pfeiffer, Banning, Eaves,
and Fetgatter of the House
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 843.5, as last amended by
Section 2 of Enrolled Senate Bill No. 53 of the 1st
Session of the 60th Oklahoma Legislature, which
relates to child abuse; modifying scope of certain
unlawful act; amending 21 O.S. 2021, Section 1123, as
last amended by Section 33, Chapter 59, O.S.L. 2024
(21 O.S. Supp. 2024, Section 1123), which relates to
lewd or indecent acts to a child; modifying scope of
punishment for certain crimes; and providing an
effective date.
SUBJECT: Child abuse punishments
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 843.5, as
last amended by Section 2 of Enrolled Senate Bill No. 53 of the 1st
Session of the 60th Oklahoma Legislature, is amended to read as
follows:
ENR. S. B. NO. 599 Page 2
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 felony punishable by
imprisonment in the custody of the Department of Corrections not
exceeding life imprisonment, or by imprisonment in a county jail not
exceeding one (1) year, or by a fine not less than Five Hundred
Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),
or both such fine and imprisonment.
B. Any person responsible for the health, safety, or welfare of
a child who shall willfully or maliciously engage in enabling child
abuse, as defined in this section, shall, upon conviction, be
punished by imprisonment in the custody of the Department of
Corrections not exceeding life imprisonment, or by imprisonment in a
county jail not exceeding one (1) year, or by a fine not less than
Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars
($5,000.00), or both such fine and imprisonment.
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 punished by
imprisonment in the custody of the Department of Corrections not
exceeding life imprisonment, or by imprisonment in a county jail not
exceeding one (1) year, or by a fine not less than Five Hundred
Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),
or both such fine and imprisonment.
D. Any parent or other person who shall willfully or
maliciously engage in enabling child neglect shall, upon conviction,
be punished by imprisonment in the custody of the Department of
Corrections not exceeding life imprisonment, or by imprisonment in a
county jail not exceeding one (1) year, or by a fine not less than
Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars
($5,000.00), or both such fine and imprisonment.
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
punished by imprisonment in the custody of the Department of
Corrections not exceeding life imprisonment, or by imprisonment in a
county jail not exceeding one (1) year, or by a fine not less than
Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars
ENR. S. B. NO. 599 Page 3
($5,000.00), or both such fine and imprisonment, 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.
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 punished by imprisonment in
the custody of the Department of Corrections for not less than
twenty-five (25) years nor more than life imprisonment, and by a
fine 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 punished by imprisonment in the custody of the
Department of Corrections not exceeding life imprisonment, or by
imprisonment in a county jail not exceeding one (1) year, or by a
fine not less than Five Hundred Dollars ($500.00) nor more than Five
Thousand Dollars ($5,000.00), or both such fine and imprisonment.
H. Any person who shall willfully or maliciously engage in
child sexual exploitation, as defined in this section, shall, upon
conviction, be punished by imprisonment in the custody of the
Department of Corrections not exceeding life imprisonment, or by
imprisonment in a county jail not exceeding one (1) year, or by a
fine not less than Five Hundred Dollars ($500.00) nor more than Five
Thousand Dollars ($5,000.00), or both such fine and imprisonment,
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
ENR. S. B. NO. 599 Page 4
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 punished
by imprisonment in the custody of the Department of Corrections for
not less than twenty-five (25) years nor more than life
imprisonment, and by a fine 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
conviction, be punished by imprisonment in the custody of the
Department of Corrections not exceeding life imprisonment, or by
imprisonment in a county jail not exceeding one (1) year, or by a
fine not less than Five Hundred Dollars ($500.00) nor more than Five
Thousand Dollars ($5,000.00), or both such fine and imprisonment.
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 punished eligible
for punishment 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.
ENR. S. B. NO. 599 Page 5
O. As used in this section:
1. “Child abuse” means:
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 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;
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,
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:
ENR. S. B. NO. 599 Page 6
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 sexual abuse material, as provided for in
Section 1021.2 of this title,
d. purchase, procurement, or possession of child 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,
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 sexual abuse material,
g. aggravated possession of child 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;
ENR. S. B. NO. 599 Page 7
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;
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,
e. ejaculating upon or in the presence of a child,
ENR. S. B. NO. 599 Page 8
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 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,
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,
ENR. S. B. NO. 599 Page 9
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
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 2. AMENDATORY 21 O.S. 2021, Section 1123, as
last amended by Section 33, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1123), is amended to read as follows:
ENR. S. B. NO. 599 Page 10
Section 1123. A. It is a felony for any person to knowingly
and intentionally:
1. Make any oral, written or electronically or computer-
generated lewd or indecent proposal to any child under sixteen (16)
years of age, or other individual the person believes to be a child
under sixteen (16) years of age, for the child to have unlawful
sexual relations or sexual intercourse with any person;
2. Look upon, touch, maul, or feel the body or private parts of
any child under sixteen (16) years of age in any lewd or lascivious
manner by any acts against public decency and morality, as defined
by law;
3. Ask, invite, entice, or persuade any child under sixteen
(16) years of age, or other individual the person believes to be a
child under sixteen (16) years of age, to go alone with any person
to a secluded, remote, or secret place, with the unlawful and
willful intent and purpose then and there to commit any crime
against public decency and morality, as defined by law, with the
child;
4. In any manner lewdly or lasciviously look upon, touch, maul,
or feel the body or private parts of any child under sixteen (16)
years of age in any indecent manner or in any manner relating to
sexual matters or sexual interest; or
5. In a lewd and lascivious manner and for the purpose of
sexual gratification:
a. urinate or defecate upon a child under sixteen (16)
years of age, or force or require a child to defecate
or urinate upon the body or private parts of another,
or for the purpose of sexual gratification,
b. ejaculate upon or in the presence of a child,
c. cause, expose, force or require a child to look upon
the body or private parts of another person,
d. force or require any child under sixteen (16) years of
age or other individual the person believes to be a
ENR. S. B. NO. 599 Page 11
child under sixteen (16) years of age, to view any
obscene materials, child sexual abuse material or
materials deemed harmful to minors as such terms are
defined by Sections 1024.1 and 1040.75 of this title,
e. cause, expose, force or require a child to look upon
sexual acts performed in the presence of the child, or
f. force or require a child to touch or feel the body or
private parts of the child or another person.
Any person convicted of any violation of this subsection shall
be punished by imprisonment in the custody of the Department of
Corrections for not less than three (3) years nor more than twenty
(20) years, except when the child is under twelve (12) years of age
at the time the offense is committed, and in such case the person
shall, upon conviction, be punished by death or by imprisonment in
the custody of the Department of Corrections for a term of not less
than twenty-five (25) ten (10) years, life, or life without parole.
The provisions of this subsection shall not apply unless the accused
is at least three (3) years older than the victim, except when
accomplished by the use of force or fear. Except as provided in
Section 51.1a of this title, any person convicted of a second or
subsequent violation of this subsection shall be guilty of a felony
punishable as provided in this subsection and shall not be eligible
for probation, suspended or deferred sentence. Except as provided
in Section 51.1a of this title, any person convicted of a third or
subsequent violation of this subsection shall be guilty of a felony
punishable by imprisonment in the custody of the Department of
Corrections 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, Section 888 of this title, sexual abuse of a child
pursuant to Section 843.5 of this title, or of any attempt to commit
any of these offenses or any combination of convictions pursuant to
these sections shall be punished by imprisonment in the custody of
the Department of Corrections for a term of life or life without
parole.
ENR. S. B. NO. 599 Page 12
B. No person shall commit sexual battery on any other person.
"Sexual battery" shall mean the intentional touching, mauling or
feeling of the body or private parts of any person sixteen (16)
years of age or older, in a lewd and lascivious manner:
1. Without the consent of that person;
2. When 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, or the subcontractor or
employee of a subcontractor of the contractor of the state or
federal government, a county, a municipality or a political
subdivision of this state;
3. When committed upon a person who is at least sixteen (16)
years of age and is less than twenty (20) years of age and is a
student, or in the legal custody or supervision of any public or
private elementary or secondary school, or technology center school,
by a person who is eighteen (18) years of age or older and is an
employee of a school system;
4. When committed upon a person who is nineteen (19) years of
age or younger and is in the legal custody of a state agency,
federal agency or a tribal court, by a foster parent or foster
parent applicant; or
5. When the victim is a student at a secondary school, is
concurrently enrolled at an institution of higher education, and
engages in acts pursuant to this subsection with a perpetrator who
is an employee of the institution of higher education of which the
student is enrolled.
As used in this subsection, "employee of an institution of
higher education" means faculty, adjunct faculty, instructors,
volunteers, or an employee of a business contracting with an
institution of higher education who may exercise, at any time,
institutional authority over the victim. Employee of an institution
of higher education shall not include an enrolled student who is not
more than three (3) years of age or older than the concurrently
ENR. S. B. NO. 599 Page 13
enrolled student and who is employed or volunteering, in any
capacity, for the institution of higher education.
As used in this subsection, "employee of a school system" means
a teacher, principal or other duly appointed person employed by a
school system or an employee of a firm contracting with a school
system.
C. No person shall in any manner lewdly or lasciviously:
1. Look upon, touch, maul, or feel the body or private parts of
any human corpse in any indecent manner relating to sexual matters
or sexual interest; or
2. Urinate, defecate or ejaculate upon any human corpse.
D. Any person convicted of a violation of subsection B or C of
this section shall be deemed guilty of a felony and shall be
punished by imprisonment in the custody of the Department of
Corrections for not more than ten (10) years.
E. The fact that an undercover operative or law enforcement
officer was involved in the detection and investigation of an
offense pursuant to this section shall not constitute a defense to a
prosecution under this section.
F. 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 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.
SECTION 3. This act shall become effective November 1, 2025.
ENR. S. B. NO. 599 Page 14
Passed the Senate the 15th day of May, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 28th day of April, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________