Oklahoma § 22-40.7 - Expert testimony - Admissibility

§ 22-40.7. Expert testimony - Admissibility

In an action in a court of this state, if a party offers

evidence of domestic abuse, testimony of an expert witness

including, but not limited to, the effects of such domestic abuse on

the beliefs, behavior and perception of the person being abused

shall be admissible as evidence.

Added by Laws 1992, c. 145, § 1, eff. Sept. 1, 1992. Amended by

Laws 2019, c. 292, § 1, eff. Nov. 1, 2019.

§22-40v1. Definitions.

As used in Sections 40 through 40.3 of this title:

1. "Assault and battery with a deadly weapon" means assault and

battery with a deadly weapon or other means likely to produce death

or great bodily harm as provided in Section 652 of Title 21 of the

Oklahoma Statutes;

2. "Forcible sodomy" means the act of forcing another person to

engage in the detestable and abominable crime against nature

pursuant to Sections 886 and 887 of Title 21 of the Oklahoma

Statutes that is punishable under Section 888 of Title 21 of the

Oklahoma Statutes;

Oklahoma Statutes - Title 22. Criminal Procedure

3. "Kidnapping" means kidnapping or kidnapping for purposes of

extortion as provided in Sections 741 and 745 of Title 21 of the

Oklahoma Statutes;

4. "Member of the immediate family" means the spouse, a child

by birth or adoption, a stepchild, a parent by birth or adoption, a

stepparent, a grandparent, a grandchild, a sibling or a stepsibling

of a victim of first-degree murder;

5. "Rape" means an act of sexual intercourse accomplished with

a person pursuant to Sections 1111, 1111.1 and 1114 of Title 21 of

the Oklahoma Statutes; and

6. "Sex offense" means the following crimes:

a.

sexual assault as provided in Section 681 of Title 21

of the Oklahoma Statutes,

b.

human trafficking for commercial sex as provided in

Section 748 of Title 21 of the Oklahoma Statutes,

c.

sexual abuse or sexual exploitation by a caretaker as

provided in Section 843.1 of Title 21 of the Oklahoma

Statutes,

d.

child sexual abuse or child sexual exploitation as

provided in Section 843.5 of Title 21 of the Oklahoma

Statutes,

e.

permitting sexual abuse of a child as provided in

Section 852.1 of Title 21 of the Oklahoma Statutes,

f.

incest as provided in Section 885 of Title 21 of the

Oklahoma Statutes,

g.

forcible sodomy as provided in Section 888 of Title 21

of the Oklahoma Statutes,

h.

child stealing for purposes of sexual abuse or sexual

exploitation as provided in Section 891 of Title 21 of

the Oklahoma Statutes,

i.

indecent exposure or solicitation of minors as

provided in Section 1021 of Title 21 of the Oklahoma

Statutes,

j.

procuring, producing, distributing or possessing child

sexual abuse material as provided in Sections 1021.2

and 1024.2 of Title 21 of the Oklahoma Statutes,

k.

parental consent to child sexual abuse material as

provided in Section 1021.3 of Title 21 of the Oklahoma

Statutes,

l.

aggravated possession of child sexual abuse material

as provided in Section 1040.12a of Title 21 of the

Oklahoma Statutes,

m.

distributing obscene material or child sexual abuse

material as provided in Section 1040.13 of Title 21 of

the Oklahoma Statutes,

Oklahoma Statutes - Title 22. Criminal Procedure

n.

offering or soliciting sexual conduct with a child as

provided in Section 1040.13a of Title 21 of the

Oklahoma Statutes,

o.

procuring a child for prostitution or other lewd acts

as provided in Section 1087 of Title 21 of the

Oklahoma Statutes,

p.

inducing a child to engage in prostitution as provided

in Section 1088 of Title 21 of the Oklahoma Statutes,

and

q.

lewd or indecent proposals or acts to a child or

sexual battery as provided in Section 1123 of Title 21

of the Oklahoma Statutes.

Added by Laws 1982, c. 220, § 1. Amended by Laws 1991, c. 112, § 1,

eff. Sept. 1, 1991; Laws 2000, c. 370, § 1, eff. July 1, 2000; Laws

2002, c. 466, § 1, emerg. eff. June 5, 2002; Laws 2015, c. 206, § 2,

eff. Nov. 1, 2015; Laws 2016, c. 183, § 2, eff. Nov. 1, 2016; Laws

2024, c. 59, § 34, eff. Nov. 1, 2024.

§22-40v2. Definitions.

As used in Sections 40 through 40.3 of this title:

1. "Assault and battery with a deadly weapon" means assault and

battery with a deadly weapon or other means likely to produce death

or great bodily harm as provided in Section 652 of Title 21 of the

Oklahoma Statutes;

2. "Forcible sodomy" means the act of forcing another person to

engage in the detestable and abominable crime against nature

pursuant to Sections 886 and 887 of Title 21 of the Oklahoma

Statutes that is punishable under Section 888 of Title 21 of the

Oklahoma Statutes;

3. "Kidnapping" means kidnapping or kidnapping for purposes of

extortion as provided in Sections 741 and 745 of Title 21 of the

Oklahoma Statutes;

4. "Member of the immediate family" means the spouse, a child

by birth or adoption, a stepchild, a parent by birth or adoption, a

stepparent, a grandparent, a grandchild, a sibling or a stepsibling

of a victim of first-degree murder;

5. "Rape" means an act of sexual intercourse accomplished with

a person pursuant to Sections 1111, 1111.1 and 1114 of Title 21 of

the Oklahoma Statutes; and

6. "Sex offense" means the following crimes:

a.

sexual assault as provided in Section 681 of Title 21

of the Oklahoma Statutes,

b.

human trafficking for commercial sex as provided in

Section 748 of Title 21 of the Oklahoma Statutes,

c.

sexual abuse or sexual exploitation by a caretaker as

provided in Section 843.1 of Title 21 of the Oklahoma

Statutes,

Oklahoma Statutes - Title 22. Criminal Procedure

d.

child sexual abuse or child sexual exploitation as

provided in Section 843.5 of Title 21 of the Oklahoma

Statutes,

e.

permitting sexual abuse of a child as provided in

Section 852.1 of Title 21 of the Oklahoma Statutes,

f.

incest as provided in Section 885 of Title 21 of the

Oklahoma Statutes,

g.

forcible sodomy as provided in Section 888 of Title 21

of the Oklahoma Statutes,

h.

child stealing for purposes of sexual abuse or sexual

exploitation as provided in Section 891 of Title 21 of

the Oklahoma Statutes,

i.

indecent exposure or solicitation of minors as

provided in Section 1021 of Title 21 of the Oklahoma

Statutes,

j.

procuring, producing, distributing or possessing child

pornography as provided in Sections 1021.2 and 1024.2

of Title 21 of the Oklahoma Statutes,

k.

parental consent to child pornography as provided in

Section 1021.3 of Title 21 of the Oklahoma Statutes,

l.

aggravated possession of child pornography as provided

in Section 1040.12a of Title 21 of the Oklahoma

Statutes,

m.

distributing obscene material or child pornography as

provided in Section 1040.13 of Title 21 of the

Oklahoma Statutes,

n.

offering or soliciting sexual conduct with a child as

provided in Section 1040.13a of Title 21 of the

Oklahoma Statutes,

o.

procuring a child for child sex trafficking or other

lewd acts as provided in Section 1087 of Title 21 of

the Oklahoma Statutes,

p.

inducing a child to engage in child sex trafficking as

provided in Section 1088 of Title 21 of the Oklahoma

Statutes, and

q.

lewd or indecent proposals or acts to a child or

sexual battery as provided in Section 1123 of Title 21

of the Oklahoma Statutes.

Added by Laws 1982, c. 220, § 1. Amended by Laws 1991, c. 112, § 1,

eff. Sept. 1, 1991; Laws 2000, c. 370, § 1, eff. July 1, 2000; Laws

2002, c. 466, § 1, emerg. eff. June 5, 2002; Laws 2015, c. 206, § 2,

eff. Nov. 1, 2015; Laws 2016, c. 183, § 2, eff. Nov. 1, 2016; Laws

2024, c. 151, § 8, eff. Nov. 1, 2024.