OKLA. STAT. tit. 21, § 748.2(d) (2023).
- A person under the age of 18 shall not be charged with juvenile delinquency or criminal proceedings based on the crimes defined as prostitution or as a victim of human trafficking.
OKLA. STAT. tit. 21, § 1029(c) (2023).
- No child who is a victim of human trafficking shall be subject to juvenile delinquency or criminal proceedings for prostitution which occurred as a result of the child being a victim of human trafficking.
- Any peace officer or employee of a district court, juvenile bureau or Office of Juvenile Affairs who has reasonable suspicion that a minor may be a victim of human trafficking and is in need of immediate protection shall assume protective custody over the minor and immediately notify the Department of Human Services.
- The minor shall not be subject to juvenile delinquency proceedings or child-in-need-of-supervision proceedings for prostitution offenses or misdemeanor or nonviolent felony offenses committed as a result of being a victim of human trafficking.
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H.B. 2210(b)(1), 60th Leg., 1st Sess. (Okla. 2024).
- Provides that if a minor is convicted as an adult for an offense that they committed when they were younger than 18 and the court finds by clear and convincing evidence that the person against whom the minor was convicted of committing the offense trafficked the minor or sexually abused or sexually assaulted the minor within ninety (90) days before the commission of the offense, the court may depart from the mandatory minimum sentence or sentence enhancement, suspend any portion of an otherwise applicable sentence, or transfer the minor to the jurisdiction of the juvenile division of the district court for further proceedings.
OKLA. STAT. tit. 22, § 1090.3(a)(2) (2024).
- The Oklahoma Survivors’ Act requires courts to reduce sentences or suspend sentences where the court finds by clear and convincing evidence that at the time of the offense the defendant was a survivor of domestic violence or subjected to physical, sexual, or psychological abuse inflicted by a sexual partner, a family member or member of the household, the trafficker of the defendant, or any person who used the defendant for financial gain, and that the violence or abuse was related to and was a substantial contributing factor in causing the defendant to commit the offense or to the defendant’s criminal behavior.
- Excludes certain offenses, including the death penalty.
- Applies retroactively for resentencing to defendants who are in the custody of the Department of Corrections.
OKLA. STAT. tit. 22, § 22-19c (2023).
- Expungement available for prostitution-related offense when the convicted individual is also a victim of human trafficking.
- The court, upon its own motion or upon petition by the defendant and for good cause shown, may enter an order for expungement of law enforcement and court records relating to a charge or conviction for a prostitution-related offense committed as a result of the defendant having been a victim of human trafficking.
