Your teenager comes home from school quieter than usual. Days later, you receive a phone call that changes everything—your child is facing sex crime charges for what they believed was consensual activity with another minor. The words feel impossible to process.
At Berlin Defense, Tulsa juvenile offender sex crimes defense lawyer Lee Berlin understands the fear and confusion parents experience when their child faces these serious allegations. With extensive experience as both a former prosecutor and defense attorney, he knows how to protect young people's futures while helping families work through these difficult situations.
Oklahoma's Age of Consent Creates Legal Risks for Minors
Oklahoma law sets the age of consent at 16 years old (Okla. Stat. tit. 21, § 1111). This means individuals under 16 cannot legally consent to sexual activity—regardless of whether both participants believe their activity was consensual or are close in age.
When both participants are under 16, it is legally possible for prosecutors to file charges against both minors, as the law does not automatically exempt underage individuals from prosecution solely because both parties are minors. However, Oklahoma courts have recognized the importance of prosecutorial discretion to avoid unjust outcomes.
Romeo and Juliet Protections
Oklahoma’s Romeo and Juliet law provides a narrow affirmative defense for consensual sexual activity between minors in certain cases. Specifically, the law offers this protection when:
- Both participants are at least 14 years old.
- The age difference between the participants is three years or less.
- The conduct was consensual, with no coercion or force.
The Romeo and Juliet law is designed to prevent criminal penalties in age-appropriate, consensual relationships, but it does not apply where there are authority dynamics, coercion, or significant age gaps. This defense must be raised and proven by the defense at trial.
When Both Minors Face Criminal Charges
While rare, mutual statutory rape charges are legally possible when both minors are underage and no Romeo and Juliet defense applies. In these cases, each minor could theoretically be seen as both a victim and a perpetrator under Oklahoma’s technical statutory definitions. However, Oklahoma courts and prosecutors often seek to avoid criminalizing consensual peer relationships.
Digital Evidence Creates Additional Risks
Minors who create, share, or possess sexually explicit images—commonly referred to as "sexting"—face potential prosecution under Oklahoma child pornography laws (Okla. Stat. tit. 21, § 1021.2). This includes:
- Taking intimate photos during consensual encounters.
- Sharing images with romantic partners.
- Possessing explicit images received from other minors.
The law makes no distinction between a predator distributing illegal material and teenagers exploring relationships through digital communication. Even when the images stem from what your child considers a normal part of their romantic relationship, Oklahoma treats these materials as illegal contraband with life-altering consequences.
What makes this particularly heartbreaking for parents is that many teenagers don't realize they're risking possible jail time. They see their actions as private expressions within committed relationships, not criminal behavior that could result in sex offense charges and registration requirements.
Factors That Influence Prosecution Decisions
Prosecutors consider multiple factors when deciding whether to pursue charges for an Oklahoma sex crime:
- Parental complaints. Many cases begin when a parent discovers sexual activity or explicit material and contacts law enforcement. Unfortunately, this is often seen with LGBTQ+ teen relationships.
- Age and maturity gaps. Smaller age differences and relationships between similarly mature minors may lead to alternative resolutions (diversion programs, counseling, etc.) rather than formal prosecution.
- Circumstances of the relationship. Cases involving coercion, authority figures, family members, or large age differences are treated much more seriously.
Prosecutorial discretion is significant in these cases, and Oklahoma courts encourage balancing the law’s letter with its spirit.
Berlin Defense Is Here to Help You Protect Your Child’s Future
As a parent, you must understand that mutual consent does not automatically prevent criminal charges when minors engage in sexual activity. Oklahoma's laws create real risks for young people, even in age-appropriate relationships that are consistent with normal adolescent brain development.
When your child faces these allegations, the world seems quick to judge based on charges alone. At Berlin Defense, your family receives judgment-free representation focused on protecting your child's future. We recognize that teenagers facing these charges need defense strategies that account for their age, development, and the years ahead of them.
