Oklahoma § 21-888 - See the following versions:

§ 21-888. See the following versions:

OS 21-888v1 (SB 1425, Laws 2002, c. 455, 4)

OS 21-888v2 (HB 2104, Laws 2025, c. 486, § 48)

§21-888v1. Forcible sodomy.

A. Any person who forces another person to engage in the

detestable and abominable crime against nature, pursuant to Section

886 of this title, upon conviction, is guilty of a felony punishable

by imprisonment in the State Penitentiary for a period of not more

than twenty (20) years, except as provided in Section 3 of this act.

Any person convicted of a second violation of this section, where

the victim of the second offense is a person under sixteen (16)

years of age, shall not be eligible for probation, suspended or

deferred sentence.

B. The crime of forcible sodomy shall include:

Oklahoma Statutes - Title 21. Crimes and Punishments

1. Sodomy committed by a person over eighteen (18) years of age

upon a person under sixteen (16) years of age; or

2. Sodomy committed upon a person incapable through mental

illness or any unsoundness of mind of giving legal consent

regardless of the age of the person committing the crime; or

3. Sodomy accomplished with any person by means of force,

violence, or threats of force or violence accompanied by apparent

power of execution regardless of the age of the victim or the person

committing the crime; or

4. Sodomy 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.

Added by Laws 1981, c. 57, § 1, eff. Oct. 1, 1981. Amended by Laws

1982, c. 11, § 1, operative Oct. 1, 1982; Laws 1990, c. 224, § 1,

eff. Sept. 1, 1990; Laws 1992, c. 289, § 2, emerg. eff. May 25,

1992; Laws 1997, c. 133, § 264, eff. July 1, 1999; Laws 1999, 1st

Ex. Sess., c. 5, § 168, eff. July 1, 1999; Laws 2000, c. 175, § 1,

eff. Nov. 1, 2000; Laws 2002, c. 455, § 4, emerg. eff. June 5, 2002.

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

date of Laws 1997, c. 133, § 264 from July 1, 1998, to July 1, 1999.

§21-888v2. Forcible sodomy.

A. Any person who forces another person to engage in the

detestable and abominable crime against nature, pursuant to Section

886 of this title, upon conviction, is guilty of a Class B1 felony

offense punishable by imprisonment in the custody of the Department

of Corrections for a period of not more than twenty (20) years.

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 postimprisonment supervision shall be in addition to the actual

imprisonment. Any person convicted of a second violation of this

section, where the victim of the second offense is a person under

sixteen (16) years of age, shall not be eligible for probation,

suspended or deferred sentence. Any person convicted of a third or

subsequent violation of this section, where the victim of the third

or subsequent offense is a person under sixteen (16) years of age,

shall be punished 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

Oklahoma Statutes - Title 21. Crimes and Punishments

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, a violation of Section 1123 of this title or 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 the

offenses, shall be punished by imprisonment in the custody of the

Department of Corrections for a term of life or life without parole.

B. The crime of forcible sodomy, a Class B1 felony offense,

shall include:

1. Sodomy committed by a person over eighteen (18) years of age

upon a person under sixteen (16) years of age;

2. Sodomy committed upon a person incapable through mental

illness or any unsoundness of mind of giving legal consent

regardless of the age of the person committing the crime;

3. Sodomy accomplished with any person by means of force,

violence, or threats of force or violence accompanied by apparent

power of execution regardless of the age of the victim or the person

committing the crime;

4. Sodomy 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;

5. Sodomy committed upon a person who is at least sixteen (16)

years of age but less than twenty (20) years of age and is a student

of any public or private secondary school, junior high or high

school, or public vocational school, with a person who is eighteen

(18) years of age or older and is employed by a school system;

6. Sodomy committed upon a student at a secondary school who is

concurrently enrolled at an institution of higher education by an

employee of the institution of higher education of which the student

is enrolled;

7. Sodomy committed upon a person who is at the time

unconscious of the nature of the act, and this fact should be known

to the accused; or

8. Sodomy committed upon a person where the person is

intoxicated by a narcotic or anesthetic agent administered by or

with the privity of the accused as a means of forcing the person to

submit.

C. "Employee of an institution of higher education", for

purposes of this section, means faculty, adjunct faculty,

instructors, volunteers, or an employee of a business contracting

Oklahoma Statutes - Title 21. Crimes and Punishments

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 enrolled student and who is employed or

volunteering, in any capacity, for the institution of higher

education.

Added by Laws 1981, c. 57, § 1. Amended by Laws 1982, c. 11, § 1,

operative Oct. 1, 1982; Laws 1990, c. 224, § 1, eff. Sept. 1, 1990;

Laws 1992, c. 289, § 2, emerg. eff. May 25, 1992; Laws 1997, c. 133,

§ 264, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 168,

eff. July 1, 1999; Laws 2000, c. 175, § 1, eff. Nov. 1, 2000; Laws

2002, c. 460, § 9, eff. Nov. 1, 2002; Laws 2006, c. 62, § 4, emerg.

eff. April 17, 2006; Laws 2007, c. 261, § 9, eff. Nov. 1, 2007; Laws

2009, c. 234, § 123, emerg. eff. May 21, 2009; Laws 2016, c. 349, §

5, emerg. eff. June 6, 2016; Laws 2017, c. 128, § 1, eff. July 1,

2017; Laws 2018, c. 167, § 2, eff. Nov. 1, 2018; Laws 2021, c. 331,

§ 2, eff. Nov. 1, 2021; Laws 2022, c. 260, § 1, eff. Nov. 1, 2022;

Laws 2025, c. 486, § 48, eff. Jan. 1, 2026.

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

date of Laws 1997, c. 133, § 264 from July 1, 1998, to July 1, 1999.