Oklahoma § 21-843.1 - Caretakers - Abuse, financial neglect, neglect, sexual

§ 21-843.1. Caretakers - Abuse, financial neglect, neglect, sexual

abuse or exploitation of charge.

A. 1. No caretaker or other person shall abuse, commit

financial neglect, neglect, commit sexual abuse, or exploit any

person entrusted to the care of such caretaker or other person in a

nursing facility or other setting, or knowingly cause, secure, or

permit any of these acts to be done.

2. For purposes of this section, the terms "abuse", “financial

neglect”, "neglect", "sexual abuse", and "exploit" shall have the

same meaning as such terms are defined and clarified in Section 10103 of Title 43A of the Oklahoma Statutes.

B. 1. Any person convicted of a violation of this section,

except as provided in paragraph 2 of this subsection, shall be

guilty of a Class B1 felony offense. The violator, upon conviction,

shall be punished by imprisonment in the custody of the Department

of Corrections for a term not to exceed ten (10) years, and by a

fine not exceeding Ten Thousand Dollars ($10,000.00), or by both

such fine and imprisonment, and in addition, the person shall be

subject to the Elderly and Incapacitated Victim’s Protection Act.

Such person’s term shall further be subject to the provisions of

Section 13.1 of this title for mandatory minimum sentencing.

2. Any person convicted of violating the provisions of this

section by committing sexual abuse shall be guilty of a Class A3

felony offense. The person convicted of sexual abuse shall be

punished by imprisonment in the custody of the Department of

Corrections for a term not to exceed fifteen (15) years, and by a

fine not exceeding Ten Thousand Dollars ($10,000.00), or by both

such fine and imprisonment, and in addition, the person shall be

subject to the Elderly and Incapacitated Victim’s Protection Act.

Such person’s imprisonment term imposed pursuant to this section

shall further be subject to the provisions of Section 13.1 of this

title for mandatory minimum sentencing.

C. Consent shall not be a defense for any violation of this

section.

D. 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 paragraph 2 of subsection B 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

Oklahoma Statutes - Title 21. Crimes and Punishments

Department of Corrections. The jury shall be advised that the

mandatory post-imprisonment supervision shall be in addition to the

actual imprisonment.

Added by Laws 1984, c. 140, § 2, eff. Nov. 1, 1984. Amended by Laws

1997, c. 133, § 247, eff. July 1, 1999; Laws 1998, c. 298, § 7, eff.

Nov. 1, 1998; Laws 1999, 1st Ex. Sess., c. 5, § 151, eff. July 1,

1999; Laws 2001, c. 428, § 3, emerg. eff. June 5, 2001; Laws 2002,

c. 22, § 8, emerg. eff. March 8, 2002; Laws 2007, c. 68, § 1, eff.

Nov. 1, 2007; Laws 2007, c. 261, § 5, eff. Nov. 1, 2007; Laws 2008,

c. 314, § 1, eff. July 1, 2008; Laws 2025, c. 486, § 37, eff. Jan.

1, 2026.

NOTE: Laws 1998, c. 219, § 1 repealed by Laws 1999, 1st Ex. Sess.,

c. 5, § 452, eff. July 1, 1999. Laws 2001, c. 194, § 1 repealed by

Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 247 from July 1, 1998, to July 1, 1999.