Date: 01-06-2017

Case Style:

Case Number: CF-2016-398

Judge: J Deayne Steidley

Court: District Court, Rogers County, Oklahoma

Plaintiff's Attorney: Edith Anne Singer

Defendant's Attorney: Zachary Young, APD

Description: Claremore, OK - Pedafile Sentenced To 70 Years In Prison For Having Sex with One Year Old

The State of Oklahoma charged Kenneth O'Neal Batten a/k/a "Incestlover21," age 38, with:

Count # 1. Count as Filed: RAPE, RAPE BY INSTRUMENTATION, in violation of 21 O.S. 1111.1
Count # 2. Count as Filed: CHSA, SEXUAL ABUSE- CHILD UNDER 12, in violation of 21 O.S. 843.5 (F)
Count # 3. Count as Filed: CHSA, SEXUAL ABUSE- CHILD UNDER 12, in violation of 21 O.S. 843.5 (F)
Count # 4. Count as Filed: CHSA, SEXUAL ABUSE- CHILD UNDER 12, in violation of 21 O.S. 843.5 (F)
Count # 5. Count as Filed: CHSA, SEXUAL ABUSE- CHILD UNDER 12, in violation of 21 O.S. 843.5 (F)
Count # 6. Count as Filed: CHSA, SEXUAL ABUSE- CHILD UNDER 12, in violation of 21 O.S. 843.5 (F)
Count # 7. Count as Filed: CHSA, SEXUAL ABUSE- CHILD UNDER 12, in violation of 21 O.S. 843.5 (F)
Count # 8. Count as Filed: CHSA, SEXUAL ABUSE- CHILD UNDER 12, in violation of 21 O.S. 843.5 (F)
Count # 9. Count as Filed: CHSA, SEXUAL ABUSE- CHILD UNDER 12, in violation of 21 O.S. 843.5 (F)
Count # 10. Count as Filed: CHPB, PORNOGRAPHY- POSSESS JUVENILE PORNOGRAPHY, in violation of 21 O.S. 1021.2
Count # 11. Count as Filed: TECHM, SOLICITING SEXUAL CONDUCT OR COMMUNICATION WITH MINOR BY USE OF TECHNOLOGY,
inviolation of 21 O.S. 1040.13a

The State claimed that Defendant raped a one year old child by instrumentation, possession of juvenile pornography, soliciting sexual conduct or communication with a minor by use of technology and eight counts of child sexual abuse.


21 O.S. 843.5 provides:

"F. Any parent or other person who shall willfully or maliciously engage in sexual abuse to a child under twelve (12) years of age shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years nor more than life imprisonment, and by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00)."

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."


Court Docket:

Date Code Description Count Party Amount
05-16-2016 TEXT

CRIMINAL FELONY INITIAL FILING.
1 Batten, Kenneth Oneal
05-16-2016 INFORMATION

DEFENDANT KENNETH ONEAL BATTEN WAS CHARGED WITH COUNT #1, RAPE BY INSTRUMENTATION IN VIOLATION OF 21 O.S. 1111.1

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
1 Batten, Kenneth Oneal
05-16-2016 INFORMATION

DEFENDANT KENNETH ONEAL BATTEN WAS CHARGED WITH COUNT #2, SEXUAL ABUSE- CHILD UNDER 12 IN VIOLATION OF 21 O.S. 843.5 (F)
2 Batten, Kenneth Oneal
05-16-2016 INFORMATION

DEFENDANT KENNETH ONEAL BATTEN WAS CHARGED WITH COUNT #3, SEXUAL ABUSE- CHILD UNDER 12 IN VIOLATION OF 21 O.S. 843.5 (F)
3 Batten, Kenneth Oneal
05-16-2016 INFORMATION

DEFENDANT KENNETH ONEAL BATTEN WAS CHARGED WITH COUNT #4, SEXUAL ABUSE- CHILD UNDER 12 IN VIOLATION OF 21 O.S. 843.5 (F)
4 Batten, Kenneth Oneal
05-16-2016 INFORMATION

DEFENDANT KENNETH ONEAL BATTEN WAS CHARGED WITH COUNT #5, SEXUAL ABUSE- CHILD UNDER 12 IN VIOLATION OF 21 O.S. 843.5 (F)
5 Batten, Kenneth Oneal
05-16-2016 INFORMATION

DEFENDANT KENNETH ONEAL BATTEN WAS CHARGED WITH COUNT #6, SEXUAL ABUSE- CHILD UNDER 12 IN VIOLATION OF 21 O.S. 843.5 (F)
6 Batten, Kenneth Oneal
05-16-2016 INFORMATION

DEFENDANT KENNETH ONEAL BATTEN WAS CHARGED WITH COUNT #7, SEXUAL ABUSE- CHILD UNDER 12 IN VIOLATION OF 21 O.S. 843.5 (F)
7 Batten, Kenneth Oneal
05-16-2016 INFORMATION

DEFENDANT KENNETH ONEAL BATTEN WAS CHARGED WITH COUNT #8, SEXUAL ABUSE- CHILD UNDER 12 IN VIOLATION OF 21 O.S. 843.5 (F)
8 Batten, Kenneth Oneal
05-16-2016 INFORMATION

DEFENDANT KENNETH ONEAL BATTEN WAS CHARGED WITH COUNT #9, SEXUAL ABUSE- CHILD UNDER 12 IN VIOLATION OF 21 O.S. 843.5 (F)
9 Batten, Kenneth Oneal
05-16-2016 INFORMATION

DEFENDANT KENNETH ONEAL BATTEN WAS CHARGED WITH COUNT #10, PORNOGRAPHY- POSSESS JUVENILE PORNOGRAPHY IN VIOLATION OF 21 O.S. 1021.2
10 Batten, Kenneth Oneal
05-16-2016 INFORMATION

DEFENDANT KENNETH ONEAL BATTEN WAS CHARGED WITH COUNT #11, SOLICITING SEXUAL CONDUCT OR COMMUNICATION WITH MINOR BY USE OF TECHNOLOGY IN VIOLATION OF 21 O.S. 1040.13A
11 Batten, Kenneth Oneal
05-16-2016 AFPCA

ICE/HSI PROBABLE CAUSE AFFIDAVIT

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
Batten, Kenneth Oneal
05-16-2016 TEXT

OCIS HAS AUTOMATICALLY ASSIGNED JUDGE STEIDLEY, J. DWAYNE TO THIS CASE.

05-24-2016 OCON

REQUEST FOR CONTINUANCE/ORDER OF CONTINUANCE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
Batten, Kenneth Oneal
06-20-2016 CTFREE

JUDGE CROSSON; ST BY SINGER; NO CR; DFT PRESENT IN CUSTODY WITH ATTY YOUNG; SET FOR ISSUE ON 7-25-16 @ 2PM
Batten, Kenneth Oneal
06-22-2016 SII

SUBPOENA ISSUED - FAX AND/OR EMAIL (X2)

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
Batten, Kenneth Oneal
07-25-2016 CTFREE

JUDGE CROSSON; ST BY SINGER; CR MARTINEZ (NF); DFT PRESENT IN CUSTODY WITH ATTY YOUNG; DFT SWORN, COMP, WAIVES PRELIM HEARING, ST WAIVES; SET FOR DCA BEFORE JUDGE STEIDLEY ON 8-11-16 @ 1:30PM
Batten, Kenneth Oneal
07-26-2016 O

WAIVER FORM/ORDER

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
Batten, Kenneth Oneal
08-15-2016 CTFREE

(MIN OF 8-11-2016) STEIDLEY; ST BY EVANS; DFT PRESENT BY ATTY YOUNG; DCA PASSED TO 9-8-2016 AT 1:30 PM; DFT WAIVES RIGHT TO DCA WITHIN 30 DAYS
Batten, Kenneth Oneal
09-12-2016 CTFREE

(MIN OF 9-8-2016) PAZZO; ST BY EVANS; DFT PRESENT WITH ATTY YOUNG; DCA PASSED TO 10-13-2016 AT 1:30 PM
Batten, Kenneth Oneal
10-14-2016 CTFREE

(MIN OF 10-13-2016) STEIDLEY; ST BY SINGER; DFT PRESENT WITH ATTY YOUNG; CRT REPORTED BY BEAVERS; COMES ON FOR DCA; DFT WAIVES RIGHT TO DCA AND ENTERS INTO A COLD PLEA; DFT SWORN; DFT ADVISED OF RIGHTS; DFT MAKES KNOWING AND VOLUNTARY WAIVER OF RIGHTS; DFT EPNC AS TO COUNTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11; PSI ORDERED; DFT SET FOR SENTENCING 1-5-2017 AT 1:30 PM; DFT REMANDED TO CUSTODY OF RCS ;

DFT ADVISED COUNTS 1 THROUGH 10 ARE 85% CRIMES; DFT ADVISED HE WILL HAVE TO REGISTER AS A SEX OFFENDER AT A LEVEL 3; VICTIM'S MOTHER PRESENT
Batten, Kenneth Oneal
10-14-2016 O

ORDER TO CONDUCT PRE-SENTENCE INVESTIGATION

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
Batten, Kenneth Oneal
12-28-2016 PSIR

CONFIDENTIAL PRE-SENTENCE INVESTIGATION

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
Batten, Kenneth Oneal

Outcome: Defendant was sentenced to 70 years in prison including 37 years on the repe and sexual abuse charges, 20 years on the possession of child pron and 10 years for soliciting sexual conduct from a minor by use of technology. Defendant must serve 85% of each sentence before being eligible for parole. He was also convicted in the United States District Court for the Northern District of Oklahoma in April 2016 and was sentenced separately on those charged 25 years in prison. See: United States of America v. Kenneth O'Neal Batten

Plaintiff's Experts:

Defendant's Experts:

Comments: