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Date: 01-23-2023
Case Style:
State of Oklahoma v. Benjamin Tyler McCracken
Case Number: CF-2021-3668
Judge: Clifford J. Smith
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 criminal law lawyer represented Defendant, charged with possession and/distribution of child pornography in violation of 21 O.S. 1021.2.
21 O.S. 1021.2 provides:
A. Any person who shall procure or cause the participation of any minor under the age of eighteen (18) years in any child pornography or who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any child pornography shall be guilty, upon conviction, of a felony and shall be punished by imprisonment for not more than twenty (20) years or by the imposition of a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both said fine and imprisonment. Persons convicted under this section shall not be eligible for a deferred sentence. 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 subsection 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.
B. The consent of the minor, or of the mother, father, legal guardian, or custodian of the minor to the activity prohibited by this section shall not constitute a defense.
Outcome: DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERS A PLEA OF GUILTY, WAIVES RIGHTS TO JURY, NON JURY TRIAL, COURT ACCEPTS DEFENDANTS PLEA OF GUILTY. THE COURT FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED AS FOLLOWS:
COUNT : DEFENDANT SENTENCED TO 12 YEARS IN THE DEPARTMENT OF CORRECTIONS, WITH THE FIRST 7 YEARS TO BE SERVED IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND THE REMAINING 5 YEARS TO BE SUSPENDED. DEFENDANT TO BE SUPERVISED BY DEPARTMENT OF CORRECTIONS. DEFENDANT ASSESSED COSTS.
COURT FINDS 85% CRIME. DEFENDANT TO REGISTER AS SEX OFFENDER. DEFENDANT ALLOWED TREATMENT WHILE IN DOC AND TO FOLLOW ALL THE RECOMMENDATIONS. DEFENDANT TO TAKE A LIE DETECTOR TEST.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND JUDGEMENT AND SENTENCE ISSUED. COMMITMENT ISSUED TO JAIL. BOND EXONERATED.
Plaintiff's Experts:
Defendant's Experts:
Comments: