Sex & Violent Offender Registration
Applicable Sex Offenses
The provisions of the Sex Offenders Registration Act apply to any person residing, working, or attending school within the State of Oklahoma who has been convicted or received any probationary term for the commission or attempt to commit certain sex crimes in the state after November 1, 1989, or who entered the state after November 1, 1989, having been convicted or received a suspended or deferred sentence for a crime or attempted crime which if committed or attempted in this state would be a crime as provided in the list below. A probationary term rendered by an Oklahoma court includes deferred sentences. Sentences rendered outside the Oklahoma judicial system include those from any court of another state, a federal court, an Indian tribal court, a military court, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands and the United States Virgin Islands, or a court of a foreign country.
A deferred sentence for a registerable offense rendered in any court prior to November 1, 1999, does not require registration. (Hendricks v. Jones ex rel. Oklahoma Dept. of Corrections, 2013 OK 71, P.3d, 2013 WL 5201235 (Okla. 2013))
Registration as a sex offender is mandatory for any person who has been convicted of a crime requiring them to register pursuant to the terms of the Sex Offenders Registration Act. 22 O.S. § 991a provides that neither the sentencing court nor the district attorney may exempt the person from the registration requirements of the Act.
Effective November 1, 2009, the provisions of the Sex Offenders Registration Act will not apply to any person who has received a criminal history records expungement for a conviction in another state for a crime or attempted crime which, if committed or attempted in this state, would be a registerable crime.
The applicable sex offenses are as listed in the following Oklahoma State Statutes
- 21 O.S. § 843.5, Abuse or Neglect of Child/Child Beating (if the offense involved sexual abuse or sexual exploitation) (previously codified as 10 O.S. § 7115);
- 21 O.S. § 681, Assault With Intent to Commit a Felony (if the offense involved sexual assault);
- 21 O.S. § 741, Kidnapping (if the offense involved sexual abuse or sexual exploitation);
- 21 O.S. 748, Human Trafficking (if the offense involved human trafficking for commercial sex).
- 21 O.S. § 843.1, Caretaker Abuse or Neglect (if the offense involved sexual abuse or sexual exploitation);
- 21 O.S. § 852.1, Child Endangerment (if the offense involved sexual abuse of a child);
- 21 O.S. § 856, Contributing to the Delinquency (if the offense involved child prostitution or human trafficking for commercial sex);
- 21 O.S. § 865, et. Seq., Trafficking in Children;
- 21 O.S. § 885, Incest;
- 21 O.S. § 886, Crime Against Nature/Sodomy;
- 21 O.S. § 888, Forcible Sodomy;
- 21 O.S. § 891, Child Stealing (if the offense involved sexual abuse or sexual exploitation);
- 21 O.S. § 1021, Indecent Exposure/Indecent Exhibitions/Obscene or Indecent Writings, Pictures, etc./Solicitation of Minors to Participate in any crime under this section;
- 21 O.S. § 1021.2, To Procure or Cause Minors to Participate in Obscene or Indecent Writings, Pictures, etc.;
- 21 O.S. § 1021.3, Guardians/Parents/Custodians Consent to Participation of Minor in Obscene Writings, Pictures;
- 21 O.S. § 1024.2, Purchase, Procurement, or Possession of Child Pornography;
- 21 O.S. § 1029, Engaging or Soliciting Child Prostitution;
- 21 O.S. § 1040.8, Procure, Produce, Publish, Distribution or Exhibition of Child Pornography;
- 21 O.S. § 1040.12a, Aggravated Possession of Child Pornography;
- 21 O.S. § 1040.13, Importing or Distributing Obscene Material or Child Pornography;
- 21 O.S. § 1040.13a, Soliciting Sexual Conduct or Communication with a Minor by Use of Technology;
- 21 O.S. § 1087, Procuring a Child Under 18 Years of Age for Prostitution, Lewdness, or Other Indecent Acts;
- 21 O.S. § 1088, Inducing, Keeping, Detaining, or Restraining for Prostitution a Child Under 18 Years of Age;
- 21 O.S. § 1111.1, 1114, 1115, 1116, Rape in the First Degree/Rape in the Second Degree/Rape by Instrumentation; and
- 21 O.S. § 1123, Lewd or Indecent Proposals or Acts to a Child Under 16/Sexual Battery to a Person Over 16.
Designation Criteria for Aggravated Sex Offenders
Oklahoma Statute 57 O.S. § 584 provides that certain sex offenders are designated by ODOC as aggravated sex offenders. An aggravated sex offender is any offender who on or after November 1, 1999, is convicted or receives a suspended sentence or any probationary term for the crimes of Abuse or Neglect of Child/Child Beating (when sexual abuse or exploitation is involved), Incest, Forcible Sodomy, Rape in the First Degree, Rape in the Second Degree, Rape by Instrumentation, Lewd or Indecent Proposals or Acts to a Child Under 16, Sexual Battery of a Person Over 16, or any attempt to commit these crimes.
The designation as an aggravated sex offender is in addition to the registration requirements of the Sex Offenders Registration Act. The aggravated designation will be for the lifetime of the offender. The registration file of an offender designated as aggravated will be flagged to indicate such designation. After an offender is designated as aggravated, the local law enforcement agency having jurisdiction over the offender’s residence will be notified by the Sex and Violent Offender Registration Unit.
To determine if sexual abuse, assault and/or exploitation is involved in the crimes designated, official documentation including, but not limited to the following, will be reviewed:
- District Attorney’s Information Sheet alleging sexual abuse, assault, and/or exploitation;
- District Attorney’s Narrative alleging sexual abuse, assault, and/or exploitation on the crime the offender was convicted of, not uncharged crimes or dismissed charges; and
- Sentencing documents for information regarding sexual abuse, assault, and/or exploitation. Sentencing documents include Judgment and Sentence, Summary of Facts, orders, minutes, etc. A court document stating a finding that no sexual abuse, assault, and/or exploitation was involved may be used to determine that no registration is required.
Duration of Registration
- Sex offenders designated as habitual, aggravated, or assigned to level three, are required to register for life.
- Sex offenders assigned to level two are required to register for a total period of 25 years from the date of the completion of their sentence if sentenced in Oklahoma, or for a total period of 25 years from the date of entering the state.
- Sex offenders assigned to level one are required to register for a total period of 15 years from the date of the completion of their sentence if sentenced in Oklahoma, or for a total period of 15 years from the date of entering the state.
Applicable Violent Offenses
The provisions of the Mary Rippy Violent Crime Offenders Registration Act apply to any person residing, working, or attending school within the State of Oklahoma who has been convicted of, or received a deferred judgment or suspended sentence for the commission or attempt to commit certain violent crimes in the state on or after November 1, 2004, or who entered the state after November 1, 2004, having previously been convicted of, or received a suspended or deferred sentence, or any probation and/or parole on or after November 1, 2004, for a crime or attempted crime which if committed or attempted in this state would be a crime as provided in the following section. No registration will be required for a conviction prior to November 1, 2004, in the state or from a foreign jurisdiction. Hendricks v. Jones ex rel. Oklahoma Dept. of Corrections, 2013 OK 71, 349 P.3d 531, 2013 WL 5201235 (Okla. 2013).
A probationary term includes deferred sentences. Sentences rendered outside the Oklahoma judicial system include those from any court of another state, a federal court, an Indian tribal court or a military court. Except for habitual violent offenders, who are registered for life, the person shall be required to register for a period of ten years from the date of the completion of the sentence. The date of completion of sentence is defined as the day an offender completes all periods of incarceration and probation and/or parole supervision pertaining to their sentence. The applicable violent offenses are listed in the following Oklahoma State Statutes:
- 21 O.S. § 701.7, Murder in the First Degree;
- 21 O.S. § 701.8, Murder in the Second Degree;
- 21 O.S. § 711, Manslaughter in the First Degree;
- 21 O.S. 652, Shooting with Intent to Kill; Assault and Battery with a Deadly Weapon; Use of a Vehicle to Facilitate Use of a Firearm, Crossbow or other Weapon;
- 21 O.S. § 653, Assault with Intent to Kill; and
- 21 O.S. § 1767.1, Bombing and Explosives Violations.
- Effective July 1, 2008, the requirement to register for crimes of abuse must be determined by the judge at the time of sentencing or upon granting the offender a deferred judgment. The judge must determine if the crime resulted in physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, mental anguish to the victim, deprivation of nutrition, clothing, shelter, health care, or other care or services which caused serious physical or mental injury to the victim. The judge must also determine whether the facts or nature of the offense warrant registration for public disclosure and protection of victims. The judge will not order registration as a violent offender if the person is already required to register as a sex offender for the same offense.
The following crimes of abuse will be registered only upon a specific order of the sentencing judge:
- 10 O.S. § 7115, Abuse or Neglect of Child/Child Beating;
- 21 O.S. § 843.1, Caretaker Abuse or Neglect;
- 21 O.S. § 843.2, Verbal Abuse by a Caretaker (misdemeanor);
- 21 O.S. §852, Omission to Provide for a Child; and
- 21 O.S. § 852.1, Child Endangerment.
Designation Criteria for Habitual Violent Crime Offenders
Oklahoma Statute 57 O.S. § 595 provides that certain violent crime offenders be designated by ODOC as habitual violent crime offenders. A violent crime offender is considered habitual:
- Upon their second conviction or suspended sentence or probationary term for any of the crimes subject to violent crime offender registration; or
- Who has been convicted of an additional crime or attempted crime which, if committed or attempted in this state, would be a crime or an attempt to commit a crime subject to violent crime offender registration and enters this state after November 1, 2004.
The designation as a habitual violent crime offender is in addition to the registration requirements of the Violent Crime Offenders Registration Act. The habitual designation will be for the lifetime of the offender. The registration file of an offender designated as habitual will be flagged to indicate such designation. After an offender is designated as habitual, the local law enforcement agency having jurisdiction over the offender’s residence will be notified by the Sex and Violent Offender Registration Unit. D.
Community Notification by Local Law Enforcement
- Upon registration of any person designated as a habitual or aggravated sex offender, or habitual violent crime offender, the local law enforcement agency, not ODOC personnel, may notify anyone the local agency determines appropriate, and will include, but not be limited to:
- The family of the habitual or aggravated sex offender, or habitual violent crime offender;
- Any prior victim of the habitual or aggravated sex offender, or habitual violent crime offender;
- Residential neighbors and churches, community parks, schools, convenience stores, businesses and other places that children or other potential victims may frequent; and
- Nursing facilities, specialized facilities, residential care homes, continuum-of-care facilities, assisted living centers, and adult day care facilities.
- The community notification by local law enforcement may include, but is not limited to:
- The name and physical address of the habitual or aggravated sex offender, or habitual violent crime offender;
- A physical description of the habitual or aggravated sex offender, or habitual violent crime offender, including, but not limited to, age, height, weight, and eye and hair color;
- A description of the vehicle that the habitual or aggravated sex offender, or habitual violent crime offender, is known to drive;
- Any conditions or restrictions of the probation, parole, or conditional release of the habitual or aggravated sex offender, or habitual violent crime offender;
- A description of the primary and secondary targets of the habitual or aggravated sex offender, or habitual violent crime offender;
- A description of the method of offense of the habitual or aggravated sex offender, or habitual violent crime offender;
- A current photograph of the habitual or aggravated sex offender; or habitual violent crime offender;
- The name and telephone number of the probation and parole officer of the habitual or aggravated sex offender, or habitual violent crime offender (if under supervision); and
- The level of the sex offender
Monitoring of Registered Sex and Violent Crime Offenders
- Registration Files
Registration files for offenders convicted in Oklahoma who are not classified as aggravated, habitual, or level three sex offenders, will be maintained for a period of at least ten years from the date that the offender completed the requirements under the Sex Offender Registration Act.
- Keeping the Registration Current
- Address Verification The Sex and Violent Offender Registration Unit will conduct an address verification of all sex and violent crime offenders by mailing a non-forwardable verification form to the last known address. Sex offenders with no level, level one sex offenders, and registered violent crime offenders will have their address verified annually. Level two sex offenders will have their address verified semiannually. Those offenders designated as habitual, aggravated, or level three sex offenders, or habitual violent crime offenders, will have their address verified every ninety (90) days. The offender will return the signed form in person to their local law enforcement agency within ten (10) calendar days. The local law enforcement agency must require the offender to produce proof of their identity and current address and then forward a signed copy of the verification letter to the ODOC, in a manner approved by the ODOC, within three (3) calendar days. In the absence of receipt of the mailed verification form by the offender, the offender must continue to comply with the reporting requirements as provided in this paragraph. The offender should report as required to the local law enforcement agency for current address verification. The address verification will be completed with the “Law Enforcement Address Verification Form” (DOC 020307G, attached). If the offender fails to properly verify their address or report as required, the local law enforcement agency and district attorney’s office will be notified of the failure within forty-five (45) calendar days.
- Immediate Updates
The sex offender registry will be updated within three (3) calendar days upon changes to the following information: vehicle information, temporary lodging information, email addresses, instant message addresses, or other designations used via internet communications.
Release of Information/Public Information
Sex and Violent Offender Registration files are available for public inspection and copying. The inspection may be conducted anytime during normal business hours. The agency will respond to inquiries about specific offenders and will release information from the offender’s registration file, to include copies, unless otherwise prohibited by law. Copies of the entire registry may be obtained by non-governmental entities at a cost of 25 cents per page in accordance with OP-060212 entitled “Maintenance and Access of Offender Records.”
The Sex and Violent Offender Registries are available on the agency website.
Oklahoma Statute 57 O.S. 584 provides that ODOC will, upon the request of any Internet entity, release Internet identification information that would enable the entity to prescreen or remove sex offenders from its service or, in conformity with state and federal law, advise law enforcement or other governmental entities of potential violation of law or threats to public safety. ODOC may charge the entity a fee for access to this information. An Internet entity is any business, organization or other entity providing or offering a service over the Internet which permits persons under eighteen (18) years of age to access, meet, congregate or communicate with other users for the purpose of social networking.
Registration Procedures
Please come in to the Sheriff’s Office and speak to the Sex and Violent Offenders Office for information on the registration process.