Date: 04-01-2024

Case Style:

State of Oklahoma v. John Austin McCally

Case Number: CF-2023-2370

Judge: Dawn Moody

Court: In the District Court in and for Tulsa County, Oklahoma

Plaintiff's Attorney: Tulsa County District Attorney’s Office

Defendant's Attorney: Lee Berlin - 918-384-0850

Description: Tulsa, Oklahoma, criminal law lawyer represented the Defendant, charged with indecent exposure in violation of 21 O.S. 1021, which provides:

A. Every person who willfully and knowingly either:

1. Lewdly exposes his or her person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed thereby; provided, however, for purposes of this section, a person alleged to have committed an act of public urination shall be prosecuted pursuant to Section 22 of this title unless such act was accompanied with another act that violates paragraphs 2 through 4 of this subsection and shall not be subject to registration under the Sex Offenders Registration Act;

2. Procures, counsels, or assists any person to expose such person, or to make any other exhibition of such person to public view or to the view of any number of persons, for the purpose of sexual stimulation of the viewer;

3. Writes, composes, stereotypes, prints, photographs, designs, copies, draws, engraves, paints, molds, cuts, or otherwise prepares, publishes, sells, distributes, keeps for sale, knowingly downloads on a computer, or exhibits any obscene material or child pornography; or

4. Makes, prepares, cuts, sells, gives, loans, distributes, keeps for sale, or exhibits any disc record, metal, plastic, or wax, wire or tape recording, or any type of obscene material or child pornography,

shall be guilty, upon conviction, of a felony and shall be punished by the imposition of a fine of not less than Five Hundred Dollars ($500.00) nor more than Twenty Thousand Dollars ($20,000.00) or by imprisonment for not less than thirty (30) days nor more than ten (10) years, or by both such fine and imprisonment.

B. Every person who:

1. Willfully solicits or aids a minor child to perform; or

2. Shows, exhibits, loans, or distributes to a minor child any obscene material or child pornography for the purpose of inducing said minor to participate in,

any act specified in paragraphs 1, 2, 3 or 4 of subsection A of this section shall be guilty of a felony, upon conviction, and shall be punished by imprisonment in the custody of the Department of Corrections for not less than ten (10) years nor more than thirty (30) years, except when the minor child is under twelve (12) years of age at the time the offense is committed, and in such case the person shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years.

C. Persons convicted under this section shall not be eligible for a deferred sentence.

D. 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 this section, "downloading on a computer" means electronically transferring an electronic file from one computer or electronic media to another computer or electronic media.

Outcome: JUDGE DAWN MOODY: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY LEE BERLIN. STATE REPRESENTED BY MITCHELL WELLS. COURT REPORTER WAIVED AND DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERS A PLEA OF GUITLY AND WAIVES RIGHT TO JURY, NON JURY TRIAL. COURT ACCEPTS PLEA AND SENTENCES DEFENDANT TO:

COUNT 1) COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR THREE (3) YEARS UNTIL 3-29-27 @ 9 AM IN ROOM 406. DEFENDANT UNDER THE SUPERVISION OF THE TULSA COUNTY DISTRICT ATTORNEY'S OFFICE. DEFENDANT TO PAY $250.00 COURT FUND, $125.00 VCA, PLUS COSTS. DEFENDANT TO FOLLOW ALL RULES OF D.A. SUPERVISION.

DEFENDANT TO HAVE NO CONTACT WITH VICTIM. DEFENDANT ORDERED TO OBTAIN A MENTAL HEALTH EVALUATION, DRUG AND ALCOHOL ASSESSMENT AND FOLLOWS ALL RECOMMENDATIONS. DEFENDANT IS NOT ALLOWED TO USE APP DELIVERY SERVICES WHILE ON PROBATION.

DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. BOND EXONERATED.

Plaintiff's Experts:

Defendant's Experts:

Comments: