State of Oklahoma v. Keon Biagas

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with first-degree rape, sodomy, and kidnapping.

21 O.S. 1114 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. 886 provides:

Every person who is guilty of the detestable and abominable crime against nature, committed with mankind or with a beast, is guilty of a Class B4 felony offense punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years. 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.

21 O.S. 741 provides:

Any person who, without lawful authority, seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away another, with intent, either:

1. To cause such other person to be confined or imprisoned in this state against the will of the other person; or

2. To cause such other person to be sent out of this state against the will of the other person; or

3. To cause such person to be sold as a slave, or in any way held to service against the will of such person,

shall be guilty of a Class B2 felony offense punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding twenty (20) years. Upon any trial for a violation of this section, the consent thereto of the person kidnapped or confined, shall not be a defense, unless it appears satisfactorily to the jury, that such person was above the age of twelve (12) years, and that such consent was not extorted by threat, or by duress.

Except for persons sentenced to life or life without parole, on and after the effective date of this act, any person sentenced to imprisonment for a violation of this section and the offense involved sexual abuse or sexual exploitation, 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.

JUDGE DOUG DRUMMOND: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY BRIAN BOEHEIM AND ERIN KRAVCHICK. STATE REPRESENTED BY LAUREN CRUDUP AND ALAN JAMIESON. COURT REPORTER IS TAISHA IRONS. CASE CALLED FOR JURY TRIAL AND PARTIES ANNOUNCE READY FOR TRIAL. THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE RULE OF SEQUESTRATION WAS INVOKED. STATE PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND THE DEMURRER IS OVERRULED. DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT MOVES FOR DIRECTED VERDICT AND IS OVERRULED. BOTH SIDES REST. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 11:46 P.M., THE BAILIFF AND JURY RETIRE FOR DELIBERATION. AT 4:00 P.M., THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT AND IS TO WIT: WE, THE JURY IMPANELED AND SWORN IN THE ABOVE-ENTITLED CAUSE, DO UPON OUR OATHS FIND THE DEFENDANT:
COUNT 1) GUILTY OF THE CHARGE OF RAPE FIRST DEGREE AND FIX PUNISHMENT AT THIRTEEN YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS.
COUNT 2) NOT GUILTY OF THE CHARGE OF SODOMY.
COUNT 3) GUILTY OF THE CHARGE OF KIDNAPPING AND FIX PUNISHMENT AT TWO YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS.
JURORS CONCURRING, SIGNED BY FOREMAN. JURY DISCHARGED. DEFENDANT REQUESTS PSIR. HOLD WITHOUT BOND. COMMITMENT AND RELEASE ISSUED. FORMAL SENTENCING SET FOR 2/23/2026 AT 9 A.M. IN ROOM 408. ELEVEN (11) WITNESSES SWORN AND TESTIMONY HEARD IN TRIAL.