State of Oklahoma v. Jeffrey Price Krigel

Tulsa, Oklahoma, criminal defense lawyers Richard O'Carroll and Joe White represented the Defendant charged with first-degree rape in violation of 21 O.S. 1114, which provides:

A. Rape or rape by instrumentation in the first degree, a Class A2 felony offense, shall include:

1. Rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age;

2. Rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime;

3. Rape accomplished 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;

4. Rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;

5. Rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or

6. Rape by instrumentation regardless of the age of the victim or the age of the person committing the crime.

B. In all other cases, rape is rape in the second degree, a Class B2 felony offense.

21 O.S. 1111-1116, which provide:

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, contractor, or subcontractor 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.

21 O.S. 1111.1, which provides:

A. Rape by instrumentation, a Class A2 felony offense, is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person.

B. Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met; further, where the victim is:

1. 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 conduct prohibited by this section of law with a person who is eighteen (18) years of age or older and is an employee of a school system;

2. Under the legal custody or supervision of a state or federal agency, county, municipal or a political subdivision and engages in conduct prohibited by this section of law with a federal, state, 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, consent shall not be an element of the crime;

3. Nineteen (19) years of age or younger and in the legal custody of a state agency, federal agency or tribal court and engages in conduct prohibited by this section of law with a foster parent or foster parent applicant; or

4. A student at a secondary school, is concurrently enrolled at an institution of higher education, and engages in acts pursuant to this section with a perpetrator who is an employee of the institution of higher education of which the student is enrolled.

C. "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.

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.

1-28-2026 CONVICTED


JUDGE PAUL HESSE: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY RICHARD O'CARROLL, JOE WHITE, KATE WHITE AND SHARISSE O'CARROLL. STATE REPRESENTED BY GAYLAND GIEGER AND RICKY LUTZ. COURT REPORTER BRIANNE EVANS. DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES RIGHTS TO JURY TRIAL, AND NON-JURY TRIAL. DEFENDANT ENTERS A PLEA OF NOLO CONTENDERE. VICTIM STATEMENTS HEARD. COURT ACCEPTS PLEA AND FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED TO:

COUNT 1) TEN (10) YEARS WITH THE FIRST FIVE (5) YEARS IN DEPARTMENT OF CORRECTIONS AND THE LAST FIVE (5) YEARS TO BE SUSPENDED. DEFENDANT TO BE UNDER THE SUPERVISION OF DEPARTMENT OF PROBATION AND PAROLE. DEFENDANT TO BE UNDER THE SPECIAL RULES AND CONDITIONS FOR SEX OFFENDERS. DEFENDANT TO PAY $50.00 VICTIM'S COMPENSATION ASSESSMENT, PLUS COSTS, DA 991 FEE.

COUNT 2) TEN (10) YEARS WITH THE FIRST FIVE (5) YEARS IN DEPARTMENT OF CORRECTIONS AND THE LAST FIVE (5) YEARS TO BE SUSPENDED. DEFENDANT TO BE UNDER THE SUPERVISION OF DEPARTMENT OF PROBATION AND PAROLE. DEFENDANT TO BE UNDER THE SPECIAL RULES AND CONDITIONS FOR SEX OFFENDERS. DEFENDANT TO PAY $50.00 VICTIM'S COMPENSATION ASSESSMENT, PLUS COSTS, DA 991 FEE.

COUNT 3) DISMISSED COST TO STATE

COUNT 4) DISMISSED COST TO STATE

COUNT 5) DISMISSED COST TO STATE

COUNT 6) TEN (10) YEARS WITH THE FIRST FIVE (5) YEARS IN DEPARTMENT OF CORRECTIONS AND THE LAST FIVE (5) YEARS TO BE SUSPENDED. DEFENDANT TO BE UNDER THE SUPERVISION OF DEPARTMENT OF PROBATION AND PAROLE. DEFENDANT TO BE UNDER THE SPECIAL RULES AND CONDITIONS FOR SEX OFFENDERS. DEFENDANT TO PAY $50.00 VICTIM'S COMPENSATION ASSESSMENT, PLUS COSTS, DA 991 FEE.

ALL COUNTS TO RUN CONCURRENT WITH EACH OTHER WITH CREDIT FOR TIME SERVED AND TO RUN CONCURRENT WITH CF-23-146. DEFENDANT WAS ADVISED OF 85% CRIME.

ADDITIONAL TERMS OF PROBATION:
-DEFENDANT IS ALLOWED TO LEAVE THE STATE AND COUNTRY AFTER RELEASE FROM JAIL-NO OBJECTION FROM THE STATE
-STANDARD TERMS OF PROBATION FOR FELONY CONVICTION IN TULSA COUNTY
-STANDARD TERMS OF PROBATION FOR FELONY SEX OFFENSE CONVICTION
-REGISTRATION FOR FELONY SEX OFFENSE PER OKLAHOMA STATUTES
-WAIVE ALL APPELLATE RIGHTS/POST CONVICTION APPEAL
-DEFENDANT WILL HAVE NO CONTACTDIRECT OR INDIRECT WITH ANY NAMES VICTIM OR WITNESSES LISTED BY THE STATE IN TULSA COUNTY CASE NUMBERS CF-2021-2283, CF-2023-146 AND/OR CF-2023-1973.
-THE DEFENDANT WILL NOT DIRECTLY OR INDIRECTLY TAKE ANY ACTION, INITIATE ANY LEGAL PROCEEDING, PARTICIPATE IN ANY LEGAL PROCEEDING, OR BE INVOLVED IN ANY ACT THAT COURT BE VIEWED AS RETALIATION OR HARASSMENT AGAINST ANY PERSON, ENTITY, OFFICE OR AGENCY FOR INVOLVMENT IN THE INVESTIGATION AND/OR PROSECUTION OF TULSA COUNTY CASE NUMBER CF-2021-2283, CF-2023-146, AND/OR CF-2023-1973
-THE DEFENDANT WILL STRICTLY OBEY AND COURT ORDER ENTERED AFTER THE DATE OF THIS PLEA AGREEMENT BY AN JUDGE IN THE STATE OF OKLAHOMA IN TULSA COUNTY CASE NUMBER FD-2015-2846
-THE DEFENDANT WILL COMPLETE A 52-WEEK BATTER'S INTERVENTION PROGRAMOR ATTORNEY GENTERAL CERTIFIED APRROVED PRIVATE COIUNSELING; IF THE DEFENDANT LEAVES THE COUNTRY, THIS WILL NOT BE A REQUIREMENT, UNLESS HE RETURNS TO THE COUNTRY DRUING HIS PROBATIONARY PERIOD.

DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. COMMITMENT ISSUED AND RELEASE ISSUED