In Oklahoma, prostitution and the solicitation of prostitution are illegal. Under Oklahoma law, it's a crime to sell or buy sexual favors in exchange for money. In other words, it is a crime to act as a sex worker and to hire a sex worker.
If you’re facing charges of prostitution, you should seek legal advice. The penalties for these crimes may not seem serious, but a conviction will stay on your criminal record. This can affect your personal and professional life for years to come.
Here, we’ll discuss Oklahoma’s prostitution laws and the penalties you’ll face if the state charges you with this sex crime.
Definition of Prostitution in Oklahoma
Every state has its own definition of prostitution. Generally, the Oklahoma statutes define prostitution as giving or receiving any of the following with someone other than your spouse in exchange for money (or thing of value):
- Sexual intercourse
- Fellatio
- Cunnilingus
- Masturbation
- Anal intercourse
- Any other sexual contact or acts of lewdness
If law enforcement catches you engaged in any of these acts, they will arrest you and charge you with the relevant crime. This could include prostitution, solicitation, pandering, pimping, and other related charges.
Oklahoma’s Prostitution Laws: Chart
If you’re facing charges for prostitution, pimping, or solicitation, you should know what the penalties are for these crimes.
The following chart highlights Oklahoma's main prostitution and solicitation laws.
Code section
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Oklahoma Criminal Code Section 21-1030: Definitions
Oklahoma Criminal Code Section 21-1029: Engaging in, Soliciting, or Procuring Prostitution
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What acts does Oklahoma law prohibit?
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- Engaging in prostitution
- Soliciting, inducing, facilitating, or enticing another to commit an act of prostitution
- Residing or using a building or vehicle for prostitution
- Aiding, abetting, or participating in any of the above acts
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Penalties
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Oklahoma law treats prostitution as a misdemeanor punishable by imprisonment for 30 days to one year and the following fines:
- First conviction: up to $2,500
- Second conviction: up to $5,000
- Third or subsequent conviction: up to $7,500
The court may also require the offender to serve between 40 and 80 hours of community service.
Any person who engages in prostitution while knowing they have HIV is guilty of a felony punishable by up to five years imprisonment.
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Child Prostitution
Child prostitution happens when someone engages a person under 16 in the act of prostitution.
Child prostitution is a felony in Oklahoma and is punishable by imprisonment for up to 10 years and a fine of:
- First offense: up to $5,000
- Second offense: up to $10,000
- Third or subsequent offense: up to $15,000
In child prostitution cases, the judge presumes the defendant coerced the victim into committing the offense in violation of Oklahoma's human trafficking laws. Your criminal defense attorney must overcome this presumption if you expect an acquittal.
Human Trafficking
Human sex trafficking has been going on for years. But, it has only been in recent years that the government has cracked down on this type of crime.
Oklahoma's criminal code treats human trafficking as being akin to modern-day slavery. The elements of the crime include:
- Extreme exploitation of human trafficking victims
- Denial of freedom or liberty
- To benefit from that person's sex act or labor
If the state can prove these three elements, the judge will convict you of human trafficking. The penalties for this crime are severe and can lead to lengthy prison sentences.
Oklahoma law does not recognize consent as a defense to human trafficking. Victims of human trafficking can't give their consent to criminal sexual exploitation. If you or someone you know has been a victim of human trafficking, contact an organization dedicated to promoting victim rights, such as the National Human Trafficking Resource Center.
Houses of Prostitution
Under Oklahoma's prostitution laws, it is also illegal to operate a house of prostitution or any other facility a defendant uses to conduct unlawful sexual intercourse. Operating a prostitution house is a misdemeanor and is punishable by a fine of at least $2,000. The state can fine you for each offense.
If you run a prostitution house and law enforcement identifies several incidents of prostitution or solicitation, they can charge you with multiple offenses.
Can an Oklahoma Criminal Defense Lawyer Help?
If you’re facing prostitution charges in Oklahoma, you may want to consult a local sex crime attorney or criminal defense lawyer. The penalties for these sex crimes vary, but they can affect the rest of your life. Your defense lawyer will review your case and devise a legal strategy to achieve the best possible outcome.