A sex offender level is a risk-based classification used in Oklahoma to guide how long a sex offender must register and what restrictions they must follow in their daily life. Sex offender levels are codified in Title 57 Section 582.5 of the Oklahoma Statutes through the Sex Offender Registration Act (SORA). SORA assigns Level 1, Level 2, or Level 3 status to an offender based on the severity of the crime and the likelihood of them reoffending. The levels reflect the severity of the offense, the presence of force or coercion, the age or vulnerability of the victim, and specific risk factors of the offender. Level 3 offenders are the most dangerous, including those convicted of violent or coercive sexual offenses such as rape, rape by instrumentation, forcible sodomy, and child sexual abuse. Level 2 sex offenders present a moderate risk of reoffending and have committed crimes such as sexual battery, child pornography, or lewd acts with a minor. Level 1 sex offenders are at low risk of reoffending and have committed crimes like indecent exposure, possession of child pornography, or crimes against nature.

The duration for which an individual must register as a sex offender in Oklahoma varies by the crime and circumstances of the case and ranges from 15 years to life. Sex crime legislation has it's origins in federal law such as the Adam Walsh Child Protection and Safety Act. State law also stipulates the specific crimes for Oklahoma sex offender registration level assessment. While most people think that Level 3 offenders are those convicted of the most serious offenses and those most at risk of re-offending, looking at the list of offenses for each level seems to show some inconsistencies.

Sex crimes are categorized into three levels according to Oklahoma law including Level III, Level II, and Level I. Below are the 3 levels of sex offender as codified by Oklahoma law.

What is a Level 3 Sex Offender?

A level 3 sex offender in Oklahoma is an individual convicted of a serious or violent sex crime and who is highly likely to commit another sexual offense. Level 3 sex offenses involve force, coercion, or victims who are minors and include crimes under Title 57 Section 582.5 of the Oklahoma Statutes such as rape, child sexual abuse, or forcible sodomy. Level III sex offenders are designated as the most dangerous because of their predatory behavior, repeated offenses, or use of extreme violence. The Oklahoma Department of Corrections requires individuals labeled as Level 3 offenders to register for life, verify their address every 90 days, and they are subject to strict residency and employment restrictions.

The sex-related crimes that are categorized as Level 3 sex offenses in Oklahoma are listed below.

• Child Abuse or Child Neglect (21 O.S. 843.5) when sexual abuse or sexual exploitation is involved
• Incest (21 O.S. 885)
• Forcible Sodomy (21 O.S. 888)
• First Degree Rape/Rape by Instrumentation (21 O.S. 1114)
• Lewd or Indecent Proposals or Acts to a Child Under 16/Sexual Battery to a Person Over 16 (21 O.S. 1123)
• Kidnapping (21 O.S. 741) if the offense involved sexual abuse or sexual exploitation
• Trafficking in Children (21 O.S. 865) if the offense involved sexual abuse or sexual exploitation
• Child Stealing (21 O.S. 891) if the offense involved sexual abuse or sexual exploitation
• Second Degree Rape (21 O.S. 1116)
• Second and Subsequent Sex Offense Conviction

What is a Level 2 Sex Offender?

A level 2 sex offender in Oklahoma is an individual convicted of a serious sexual offense who demonstrates a moderate risk of committing another sex-related offense. Level 2 sex offense cases often involve non-consensual acts or victims who are unable to give valid, legal consent. Level II designations apply to crimes such as child pornography, sexual battery, lewd acts with a minor, or soliciting a minor. Individuals classified as level 2 offenders must register for 25 years, verify their address every six (6) months, and comply with residency and employment restrictions according to the Sex Offender Registration Act of Oklahoma.

The sex crimes that are categorized as Level 2 offenses in Oklahoma are listed below.

• Obscene or Indecent Writings, Pictures, etc./Solicitation of minors in any crime under this section (21 O.S. 1021)
• To Procure or Cause Minors to Participate in Obscene or Indecent Writings, Pictures, etc. (21 O.S. 1021.2)
• Guardian-Parents-Custodians Consent to Participation of Minor in Obscene Writings, Pictures, etc. (21 O.S. 1021.3)
• Soliciting Sexual Conduct or Communication with a Minor by use of Technology (21 O.S. 1040.13a)
• Procuring a Child under 18 years of age for Prostitution, Lewdness, or Other Indecent Acts (21 O.S. 1087)
• Inducing, Keeping, Detaining, or Restraining for Prostitution a Child under 18 years of age (21 O.S. 1088)

What is a Level 1 Sex Offender?

A Level 1 sex offender in Oklahoma is an individual convicted of a sexual offense who is assessed as having a low risk of committing another sexual crime. Level 1 offenses involve crimes that are serious but do not include the use of force, extreme coercion, penetration, or the predatory behavior associated with higher classifications. Under Title 57 Section 582.5 of the Oklahoma Statutes, Level 1 offenders may be convicted of crimes such as indecent exposure under 21 O.S. 1021, crime against nature or sodomy under 21 O.S. 886, or possession or procurement of child pornography under 21 O.S. 1024.2. The Oklahoma Department of Corrections designates offenders at this level after reviewing the nature of the offense, the absence of violence or penetration, the individual’s criminal history, and results from behavioral risk assessments. Individuals classified as Level 1 offenders must register for fifteen years as a registered sex offender, verify their address annually with local law enforcement such as the police department or county sheriff's office, and comply with all residency and employment requirements imposed by the state.

The sex crimes that are categorized as Level 1 offenses in Oklahoma are listed below.

• Assault with Intent to Commit a Felony (21 O.S. 681) if the offense involves sexual assault
• Caretaker Abuse or Neglect (21 O.S. 843.1) when sexual abuse or sexual exploitation is involved; elevated to Level 3 if the crime involves oral, vaginal, or anal penetration
• Child Endangerment (21 O.S. 852.1) if the offense involved sexual abuse of a child; elevated to Level 3 if the crime involves oral, vaginal, or anal penetration
• Crime Against Nature/Sodomy (21 O.S. 886)
• Indecent Exposure/Indecent Exhibitions (21 O.S. 1021)
• Purchase, Procurement, or Possession of Child Pornography (21 O.S. 1024.2)
• Publication, Distribution, or Participation of Child Pornography (21 O.S. § 1040.8)
• Aggravated Possession of Child Pornography (21 O.S. 1040.12a)
• Importing or Distributing Obscene Material or Child Pornography (21 O.S. 1040.13)

What is the Duration of Sex Offender Registration?

The length of time an individual must register as a sex offender in Oklahoma is dependent upon the circumstances of the crime they committed and the likelihood that they will reoffend. When determining how long are you registered as a sex offender, it helps to understand the levels of sex crime offense in Oklahoma. These levels are set after the offender is release from prison, or when they are placed on probation.

Sex Offender Law In Practice

Let us look briefly at some of the seemingly arbitrary and inappropriate sex offender registration level assessments. A person convicted of procuring a child under 18 for prostitution is a Level 2 sex offender who must register as such for 25 years. He or she must provide address verification twice a year.

Compare this person, who lured a child and is pimping him or her out, to some possible Level 3 sex offenders. A man gets drunk at a bar and slaps a woman's behind as she walks by (sexual battery). A 23-year-old first-year teacher has sex with his girlfriend, a 19-year-old woman who happens to be a high school senior at another school in the district in which he teaches.  This would be classified as second degree rape (statutory rape).

In the above examples, the young teacher and the guy who made a foolish decision after a couple of beers with his buddies are considered Level 3 sex offenders, and they are required to register as Oklahoma Sex Offenders for the rest of their lives.

Sex Offender tiers or levels are meant to provide the most rigorous restrictions to the most serious offenders, and in some cases, they do. Violent, habitual offenders and those who prey on children should be considered to be dangerous risks. However, the level assignments do not always reflect the severity of the crime.

If you are charged with a sex crime, it is imperative that you seek strong legal counsel from an attorney with experience in sex crime cases to protect you from a punishment that exceeds the crime.

What is the Origin of Sex Crime Legislation?

In 1981, 6-year-old Adam Walsh was abducted from a Sears department store in a Florida mall and murdered. In commemoration of the 25th anniversary of his kidnapping and murder, Congress passed and President George W. Bush signed into law the Adam Walsh Child Protection and Safety Act of 2006.

This act is intended "to protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the memory of Adam Walsh and other child crime victims."

Most notably, the Adam Walsh Act contains the Sex Offender Registration and Notification Act which establishes the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Pro­gram.