Canadian County Sheriff's deputies conducting an internet sex sting on Facebook have arrested three men they say attempted to meet a 14-year-old girl for sex. As is the case with online sex stings, there was no actual minor involved in the alleged crimes, but rather an undercover deputy posing as a teen girl.
Each of the three men was arrested and booked into the Canadian County jail after he allegedly befriended the "girl" on Facebook, then made arrangements to meet her for sex.
Deputies say each case involved a 23-year-old man who initiated an online friendship with the undercover deputy posing as a teen girl. In one case, an Elmore City man allegedly sent the deputy text messages and a nude photo of himself. Reports say that man has a prior felony conviction for second degree rape involving sex with a 14-year-old girl.
Court records show that Colby Ray Kile was charged in Garvin County in February 2011 with first degree rape of a child under 14; however, that charge was later amended to second degree rape, commonly known as statutory rape. He pleaded no contest to the statutory rape charge and was given a 5-year suspended sentence. He was required to register as a sex offender. In August 2014, he was charged with failure to register as a sex offender, but that charge was dismissed.
An Oklahoma City man is accused of making arrangements to meet the undercover decoy, and Canadian County deputies arrested a Foss man after he allegedly drove to a convenience store in Yukon where he planned to pick up the "girl." He also is accused of sending nude photos of himself to the deputy.
All three were arrested on complaints of sexual solicitation of a minor. Court records currently reflect that only one Kile has been charged at this time. Kile is charged with lewd or indecent acts or proposals to a child under 16.
In Oklahoma, soliciting sexual conduct or communication with a minor by use of technology (21 O.S.§ 1040.13a) is a felony sex crime. It carries a maximum penalty of 10 years in prison and a fine of up to $10,000. It is a Level II sex offense, which requires a person convicted to register as an Oklahoma sex offender every six months for 25 years.
Some defendants who are arrested for chatting with an undercover decoy have tried to challenge their charges of online solicitation of a minor by arguing that since there was no actual minor involved, they could not possibly have committed the crime of solicting a minor. However, Oklahoma law is written in such a way to explicitly remove this defense: "It is unlawful for any person to . . . solicit sexual conduct with a minor, or other individual the person believes to be a minor . . ."
"To Catch a Predator"-type undercover operations are not uncommon, and a large number of arrests in Oklahoma come from such stings. However, critics of these types of investigations say that they do not typically catch predators, but rather create sex offenders. When law enforcement officers do not act appropriately within the law and blur ethical lines simply to make an arrest, they may be guilty of entrapment.
Learn more about sex crime defense by calling (405) 418-8888 or submitting our confidential, online case review form.
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