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Date: 09-23-2024
Case Style:
State of Oklahoma v. Cristian Agustin
Case Number: CF-2024-1341
Judge: CF Docket F
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney:
Description:
Tulsa, Oklahoma, second-degree rape criminal defense lawyer represented the Defendant.
Violation of 21 O.S. 1111, which provides:
A. Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female within or without the bonds of matrimony who may be of the same or the opposite sex as the perpetrator under any of the following circumstances:
1. Where the victim is under sixteen (16) years of age;
2. Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent;
3. Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person;
4. Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
5. Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
6. Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused and the spouse to accomplish such act, both the spouse and the accused, upon conviction, shall be deemed guilty of rape;
7. Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim, or the subcontractor or employee of a subcontractor of the contractor of the state or federal government, a county, a municipality or a political subdivision that exercises authority over the victim;
8. Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of a school system;
9. Where the victim is nineteen (19) years of age or younger and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a foster parent or foster parent applicant; or
10. Where the victim is a student at a secondary school, is concurrently enrolled at an institution of higher education, and engages in acts pursuant to this subsection with a perpetrator who is an employee of the institution of higher education of which the victim is enrolled.
B. “Employee of an institution of higher education”, for purposes of this section, means faculty, adjunct faculty, instructors, volunteers, or an employee of a business contracting with an institution of higher education who may exercise, at any time, institutional authority over the victim. Employee of an institution of higher education shall not include an enrolled student who is not more than three (3) years of age or older than the concurrently enrolled student and who is employed or volunteering, in any capacity, for the institution of higher education.
Outcome: DEFENDANT ADVISED OF RIGHTS, WAIVED JURY/NON-JURY TRIAL AND ENTERED PLEA OF GUILTY. COURT ACCEPTS PLEA, FINDS DEFENDANT GUILTY, AND SENTENCES AS FOLLOWS:
COUNT 1) DEFENDANT SENTENCED TO FIVE (5) YEARS IN THE DEPARTMENT OF CORRECTIONS - THE FIRST ONE (1) YEAR TO BE SERVED IN CUSTODY AND THE LAST FOUR (4) YEARS TO BE SUSPENDED. DEFENDANT ASSESSED: $500.00 FINE, $250.00 VCA, PLUS COSTS.
DEFENDANT RECEIVES CREDIT FOR TIME SERVED AND EARNED.
THE COURT ORDERS THE DEFENDANT TO REMAIN IN THE TULSA COUNTY JAIL FOR TEN (10) DAYS PRIOR TO THE DEPARTMENT OF CORRECTIONS AT THE REQUEST OF THE DEFENDANT.
DEFENDANT TO BE UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS - PROBATION AND PAROLE.
DEFENDANT TO COMPLY WITH ALL SPECIAL RULES AND CONDITIONS FOR SEX OFFENDERS.
DEFENDANT ADVISED OF 85% AND APPEAL RIGHTS. RULE 8 EXECUTED. J&S ISSUED. COMMITMENT FOR PUNISHMENT ISSUED.
Plaintiff's Experts:
Defendant's Experts:
Comments: