Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 07-09-2021
Case Style:
Case Number:
Judge:
Court: In the District Court in and for Payne County, Oklahoma
Plaintiff's Attorney: Payne County District Attorney’s Office
Defendant's Attorney:
Description: Stillwater, Oklahoma criminal defense lawyer represented Defendant charged with:
Count # 1. Count as Filed: TECHM, Engaging in Sexual Communication with Minor by Use of Technology, in violation of 21 O.S. 1040.13a
Date of Offense: 05/15/2020
Party Name Disposition Information
Morejon, Alberto Disposed: CONVICTION, 07/09/2021. Guilty Plea
Count as Disposed: Engaging in Sexual Communication with Minor by Use of Technology(TECHM)
Violation of 21 O.S. 1040.13a, which provides:
A. It is unlawful for any person to facilitate, encourage, offer or solicit sexual conduct with a minor, or other individual the person believes to be a minor, by use of any technology, or to engage in any communication for sexual or prurient interest with any minor, or other individual the person believes to be a minor, by use of any technology. For purposes of this subsection, "by use of any technology" means the use of any telephone or cell phone, computer disk (CD), digital video disk (DVD), recording or sound device, CD-ROM, VHS, computer, computer network or system, Internet or World Wide Web address including any blog site or personal web address, e-mail address, Internet Protocol address (IP), text messaging or paging device, any video, audio, photographic or camera device of any computer, computer network or system, cell phone, any other electrical, electronic, computer or mechanical device, or any other device capable of any transmission of any written or text message, audio or sound message, photographic, video, movie, digital or computer-generated image, or any other communication of any kind by use of an electronic device.
B. A person is guilty of violating the provisions of this section if the person knowingly transmits any prohibited communication by use of any technology defined herein, or knowingly prints, publishes or reproduces by use of any technology described herein any prohibited communication, or knowingly buys, sells, receives, exchanges, or disseminates any prohibited communication or any information, notice, statement, website, or advertisement for communication with a minor or access to any name, telephone number, cell phone number, e-mail address, Internet address, text message address, place of residence, physical characteristics or other descriptive or identifying information of a minor, or other individual the person believes to be a minor.
C. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense pursuant to this section shall not constitute a defense to a prosecution under this section.
D. Any violation of the provisions of this section shall be a felony, punishable by a fine in an amount not to exceed Ten Thousand Dollars ($10,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not more than ten (10) years, or by both such fine and imprisonment. For purposes of this section, each communication shall constitute a separate offense. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.
E. For purposes of any criminal prosecution pursuant to any violation of this section, the person violating the provisions of this section shall be deemed to be within the jurisdiction of this state by the fact of accessing any computer, cellular phone or other computer-related or satellite-operated device in this state, regardless of the actual jurisdiction where the violator resides.
Defendant, a former junior high teacher engaged in "sextin" with the victim in 2018 who was forced out of in person high school by peer pressure.
Payne county District Attorney Austin Thomas said: “Crimes against children happen all too often and, unfortunately, the offenses are frequently committed by persons who stand in a position of trust with the victim,” and “In this case, Morejon used his relationship with and knowledge of this victim from their student/teacher relationship to establish this illegal relationship.”
Outcome: 07-09-2021 TEXT
JUDGE CORLEY/MP: THE STATE APPEARS BY ATTORNEY DEBRA VINCENT. THE DEFENDANT APPEARS IN PERSON AND WITH ATTORNEY IRVIN BOX. THE STATE MOVES TO DISMISS CASE CF-2020-178 AT THE STATE'S COST. THE COURT SUSTAINS THE STATE'S MOTION. THE DEFENDANT IS SWORN, TESTIFIES, AND ENTERS A PLEA OF GUILTY TO THE CHARGES IN CF-2020-152. THE COURT ADVISES THE DEFENDANT OF HIS RIGHTS AND ACCEPTS HIS PLEA. THE COURT FINDS THE DEFENDANT GUILTY, NOW SENTENCES THE DEFENDANT IN CF-2020-152 TO SERVE 10 YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, PROVIDED THAT THE ENTIRE TERM BE SUSPENDED UPON THE DEFENDANT'S GOOD BEHAVIOR, SAVE AND EXCEPT FOR THE FIRST 5 YEARS TO BE SERVED IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS. THE DEFENDANT IS ORDERED TO PAY COURT COSTS AND COSTS OF INCARCERATION AND IS ORDERED TO PAY THE DISTRICT ATTORNEY'S PROSECUTION FEES. THE DEFENDANT IS FURTHER ORDERED TO COMPLY WITH THE OKLAHOMA SEX OFFENDER REGISTRATION ACT. THE DEFENDANT WILL BE SUPERVISED BY THE DEPARTMENT OF CORRECTIONS, PROBATION AND PAROLE DIVSION FOR THE SUSPENDED PORTION OF HIS SENTENCE. THE DEFENDANT IS ORDERED TO APPEAR IN THE OFFICE OF THE CLERK OF THIS COURT AND THE DISTRICT ATTORNEY WITHIN 180 DAYS OF HIS RELEASE FROM CUSTODY TO ADDRESS PAYMENT OF COURT COSTS AND FEES. THE COURT ADVISES THE DEFENDANT OF HIS APPEAL RIGHTS. THE DEFENDANT IS REMANDED TO THE SHERIFF.
Plaintiff's Experts:
Defendant's Experts:
Comments: