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Legal Opinion · Dissent

A.O. v. State

Court of Criminal Appeals of Oklahoma

Decided August 8, 2019No. J-2018-1066Published

1Dissent

KUEHN, V.P.J., DISSENTING:

¶1 In Proposition II, the Majority is unwilling to face the consequences of the elements of child sexual abuse as prohibited by 21 O.S. § 843.5(E), its relation to other sex offenses, and the instructions which must be used. I would construe § 843.5(E) as written, find it unconstitutional, and reverse.

¶2 Appellant was charged with and convicted of child sexual abuse in violation of 21 O.S.Supp.2014, § 843.5(E). As I have repeatedly said, that crime is separate and distinct from any other sex offense, and has only three elements: any person who (1) willfully or…

2Cases cited10 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. United States v. DavisSupreme Court of the United States · 2019
  3. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  4. United States v. BassSupreme Court of the United States · 1971
  5. McBoyle v. United StatesSupreme Court of the United States · 1931

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