Oklahoma Age of Consent Laws: Statutes, Penalties and Reporting

Oklahoma's rape statute applies where the victim is under 18 (21 O.S. 1111(A)(1)), with first-degree rape where a person over 18 commits it on a victim under 14 or in the other circumstances listed in 1114(A), a separate limit on convictions for persons 16 or older in 1112, and separate offenses for lewd acts with a child under 16 and for school-system employees, foster parents and others in listed positions (1123, 1111(A)(7) to (10)).

To report a concern: if a child is in immediate danger, call 911. The Oklahoma Department of Human Services states on its official page: "you have a legal responsibility to report it. Call the Abuse and Neglect Hotline at 1-800-522-3511." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers Oklahoma's criminal statutes on sexual offenses involving minors, mainly Title 21 of the Oklahoma Statutes (sections 885, 888, 1021 to 1031, 1040.13a, 1087, 1088, 1111 to 1123 and 843.5) and the Sex Offenders Registration Act in Title 57. Federal law is summarized on the age of consent laws by state hub. The statute text below was read on the Oklahoma State Courts Network site (oscn.net) on 2026-09-30; a few sections were read through a text-rendering service when the site's verification challenge blocked direct requests.

This page describes the main age-based sexual offense statutes. Other Oklahoma statutes also protect minors, and one of them can apply even where none of the offenses described here does.

How Oklahoma law protects minors by age

Oklahoma's main offense, rape under 21 O.S. 1111, lists the circumstances in which an act of sexual intercourse is rape, and section 1114 sets the degree. The table summarizes the main provisions.

Under 18: rape

Section 1111(A)(1) provides that an act of sexual intercourse involving vaginal or anal penetration is rape "Where the victim is under eighteen (18) years of age." The threshold was raised to 18 by House Bill 1003 (2025 O.S.L. 365) and the current text was consolidated by Senate Bill 1627 (2026 O.S.L. 12), as described under recent changes.

Section 1114 provides that rape or rape by instrumentation in the first degree, a Class A2 felony offense, "shall include" rape committed by a person over 18 upon a person under 14, rape by instrumentation "regardless of the age of the victim or the age of the person committing the crime," and rape accomplished by force, violence or threats regardless of the actor's age, among other listed circumstances, and that "In all other cases, rape is rape in the second degree, a Class B2 felony offense." Rape by instrumentation is covered by section 1111.1 where at least one of the circumstances in section 1111 has been met, including a victim under 18.

Ages 16 and 17: the limit in section 1112

Section 1112 provides: "No person can be convicted of rape or rape by instrumentation on account of an act of sexual intercourse with anyone sixteen (16) years of age or older, with his or her consent, unless such person was more than four (4) years older than the other person at the time of such act." The section applies to persons 16 or older and by its terms does not reach a victim under 16. The same limit applies to rape by instrumentation.

Under 16: lewd or indecent proposals or acts

Section 1123(A) makes it a Class A3 felony offense to knowingly and intentionally do any of the listed acts with a child under 16. They include making a lewd or indecent proposal for the child to have unlawful sexual relations or sexual intercourse, touching or looking upon the body or private parts of the child in a lewd or lascivious manner, asking or enticing the child to go to a secluded place with the intent to commit a crime against public decency, and listed acts committed for sexual gratification, such as exposing the child to sexual acts or requiring the child to view obscene material, child sexual abuse material or material harmful to minors. The subsection provides that it does not apply unless the accused is at least three years older than the victim, except when accomplished by the use of force or fear.

Positions of authority and custody

• School-system employees, contractors and subcontractors. Section 1111(A)(8) applies where the victim is less than 20 years of age and is a student, or under the legal custody or supervision of a public or private elementary or secondary school, junior high or high school, or public vocational school, and the other person is 18 or older and an employee, contractor or subcontractor of a school system. Employed and contracted school resource officers and security guards are treated as employees of a school system. Sexual battery under section 1123(B)(3) covers a student at least 16 and less than 20 and an employee of a school system 18 or older, and section 888(B)(5) covers sodomy in the same relationship.
• Foster parents and applicants. Section 1111(A)(9) applies where the victim is 19 or younger and in the legal custody of a state agency, a federal agency or a tribal court and the other person is a foster parent or foster parent applicant. Section 1123(B)(4) is the parallel sexual battery provision.
• Higher education. Section 1111(A)(10) applies to an employee of an institution of higher education and a secondary school student who is concurrently enrolled; section 1123(B)(5) is the parallel sexual battery provision.
• Persons in custody or supervision. Section 1111(A)(7) and section 1123(B)(2) cover state, county, municipal or political subdivision employees and contractors, and their subcontractors, as to a person under the legal custody, supervision or authority of the agency.

How the age differences work

Oklahoma uses two age-difference provisions, each worded differently. Section 1112 limits conviction of rape for acts with a person 16 or older to cases where the other person "was more than four (4) years older than the other person at the time of such act." Section 1123(A) states that its lewd-acts provisions do not apply unless the accused is at least three years older than the victim, except when accomplished by the use of force or fear. Section 1111(A)(1) itself contains no actor-age element, and the section 1112 limit by its terms applies only to persons 16 or older.

Other Oklahoma offenses that protect minors

The offenses above are not the only ones. Other provisions, each with its own elements and grade, include:

• Sexual battery. Section 1123(B) covers the lewd touching of a person 16 or older in the circumstances it lists, including where the touching is committed by a government employee or contractor on a person under the authority of the agency, on a student 16 to under 20 by a school-system employee 18 or older, and on a person 19 or younger in state, federal or tribal custody by a foster parent or applicant. Under subsection D it is a Class B4 felony offense, punishable by imprisonment of not more than 10 years.
• Forcible sodomy. Section 888(B) is a Class B1 felony offense that includes sodomy committed by a person over 18 upon a person under 16 (division (B)(1)) and, in division (B)(5), sodomy upon a person at least 16 but less than 20 who is a student of a secondary school with a person 18 or older who is employed by a school system.
• Incest. Section 885 has no age element; it is a Class B4 felony offense, imprisonment not exceeding 10 years, for persons within the degrees of consanguinity the statute describes.
• Indecent exposure and inducing a minor. Section 1021(B) covers willfully soliciting or aiding a minor child to perform listed acts, or showing or distributing obscene material or child sexual abuse material to a minor child to induce participation. It is a Class A1 felony offense, 10 to 30 years, and not less than 25 years where the minor child is under 12.
• Child sexual abuse material. Section 1021.2 covers procuring or causing the participation of a minor under 18 in child sexual abuse material and knowingly possessing, viewing, sharing or distributing it. It is a Class B1 felony offense, up to 20 years and a fine of up to $25,000, and the sentence may not be deferred.
• Technology solicitation. Section 1040.13a covers using technology to facilitate, encourage, offer or solicit sexual conduct with a minor, or to engage in communication for sexual or prurient interest with any minor. It is a Class B4 felony offense, up to 10 years, a fine of up to $10,000, or both, and each communication is a separate offense.
• Child sex trafficking and commercial sexual exploitation. Section 1087 covers offering or transporting a child under 18 for child sex trafficking, and section 1088 covers causing, inducing or detaining a child under 18; section 1088 is a Class B1 felony offense, 1 to 25 years and a fine of $5,000 to $25,000. Sections 1029 and 1031 treat paying, offering or soliciting prostitution with a person under 18 as a Class B1 felony offense and child sex trafficking. Section 748 covers human trafficking, including recruiting, enticing, harboring, maintaining, transporting, providing, purchasing or obtaining a minor for a commercial sex act; where the victim is under 18 it is a Class A2 felony offense punishable by a fine of up to $250,000, imprisonment for not less than 10 years, life or life without parole, or both.
• Child sexual abuse by a person responsible for the child. Section 843.5 makes child sexual abuse of a child under 18 by a person responsible for the child's health, safety or welfare a Class A3 felony offense, and a Class A1 felony offense where the child is under 12.
• Abduction of a person under 15. Section 1119 covers taking away or inducing a person under 15 to leave a parent, guardian or other person having legal charge, without that person's consent, for a purpose the section lists, including any crime involving moral turpitude. It is a Class B4 felony offense, up to five years in prison.
• Adult performances in view of a minor. Section 1024.6 is a misdemeanor, up to one year in county jail and a fine of $500 to $1,000, for a violation of subsection B involving an adult performance containing obscene material in view of a person under 18.

Penalties

Oklahoma classifies felony offenses in categories such as A1, A2, A3, B1, B2 and B4 (labels converted by House Bill 2104, effective January 1, 2026).

Under 21 O.S. 843.5(K), a person convicted of forcible anal or oral sodomy, rape, or rape by instrumentation of a child under 14 is, in addition to any other punishment, guilty of a Class A1 felony offense and eligible for death or life without parole. Sections 1111.1, 1115 and 1123 also provide for mandatory post-imprisonment supervision in stated cases, under 22 O.S. 991a.

Sex offender registration

The Sex Offenders Registration Act applies to a person convicted of a crime provided for in the sections listed in 57 O.S. 582(A). The list includes 21 O.S. 843.5 (if the offense involved sexual abuse or sexual exploitation), 885, 886, 888, 891 (if the offense involved sexual abuse or sexual exploitation), 1021, 1021.2, 1021.3, 1024.2, 1029 (if the offense involved child sex trafficking), 1040.8, 1040.12a, 1040.13, 1040.13a, 1087, 1088, 1111.1, 1114 and 1123.

Under section 583(C), the period is 15 years for a level-one assignment, 25 years for level two, and life for level three or for a person classified as a habitual or aggravated sex offender. Under section 582.1 the Department of Corrections assigns a numeric risk level of one, two or three using the sex offender screening tool.

Two removal routes are stated. Under 57 O.S. 590.2, a person may petition the sentencing court, which may grant removal if it also finds removal will not conflict with federal law, if convicted under 21 O.S. 1111.1 or 1114 with no other such conviction, required to register solely on that basis, and not more than four years older than a victim who was 14 to 17 at the time. Under a separate provision of the Act, a person assigned level one who has been registered for ten years and has not been arrested or convicted of any felony or misdemeanor since release may petition the district court to be removed.

Recent changes

• House Bill 1003 (2025 O.S.L. 365). Amended 21 O.S. 1111(A)(1) to apply where the victim is under 18, removed the lower age bound from the student clause of 1111(A)(8), and amended 1112 to its current wording. Senate Bill 599 (2025 O.S.L. 281), effective November 1, 2025, separately amended section 1123. The enrolled act states no effective date; the OSCN page for the prior text of section 1112 shows it as superseded on 08/29/2025.
• House Bill 1995 (2025 O.S.L. 60), effective May 6, 2025. Treated school resource officers as employees of a school system for sections 1111 and 1123.
• Senate Bill 630 (2025 O.S.L. 103), effective November 1, 2025. Extended section 1111(A)(8) to school-system contractors and subcontractors.
• House Bill 2104 (2025 O.S.L. 486), effective January 1, 2026. Converted felony class labels, so that first-degree rape is a Class A2 felony offense and second-degree rape a Class B2 felony offense.
• Senate Bill 1627 (2026 O.S.L. 12), emergency effective April 13, 2026. Consolidated multiple versions of sections 1111 and 1123, keeping the under-18 threshold, and removed the lower age bound from the student clause of section 1111(A)(8), which now applies to a victim less than 20 years of age.

How to report

If a child is in immediate danger, call 911. The Oklahoma Department of Human Services states on its official page: "you have a legal responsibility to report it. Call the Abuse and Neglect Hotline at 1-800-522-3511." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.

Disclaimer

This page is general legal information about Oklahoma criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Oklahoma.

Related articles

• Age of consent laws by state
• Oklahoma sexting laws
• Editorial standards and verification levels

Frequently Asked Questions

Does Oklahoma use an age difference between the two people?

Two sections do. Section 1112 provides that no person can be convicted of rape on account of an act of sexual intercourse with anyone 16 or older, with his or her consent, unless that person was more than four years older than the other person at the time of the act. Section 1123(A), on lewd or indecent proposals or acts to a child under 16, provides that it does not apply unless the accused is at least three years older than the victim, except when accomplished by the use of force or fear.

Which students does the Oklahoma school-system provision cover?

Under 21 O.S. 1111(A)(8), the victim is less than 20 years of age and is a student, or under the legal custody or supervision of a public or private elementary or secondary school, junior high or high school, or public vocational school, and the other person is 18 or older and an employee, contractor or subcontractor of a school system. Employed and contracted school resource officers and security guards are treated as school-system employees. The parallel touching provision in 1123(B)(3) and the sodomy provision in 888(B)(5) describe the student as at least 16 and less than 20.

Where can the Oklahoma statute text be found?

Title 21 of the Oklahoma Statutes is published by the Oklahoma State Courts Network at oscn.net, and the Sex Offenders Registration Act is in Title 57. This page links each section.