TSA Sexual Battery Law

HOUSE BILL 1245 is a bill related to child sexual acts and also to the TSA. In part the bill makes it illegal to commit sexual battery on another person. “Sexual battery” shall mean the intentional touching, mauling or feeling of the body or private parts of any person sixteen years of age or older, in a lewd and lascivious manner without the consent of that person, when committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state and when committed by a federal employee or a contractor or an employee of a contractor of the federal government upon a person who is under the legal custody, supervision or authority of the United States Transportation Security Administration.

If the federal employee or a contractor or an employee of a contractor of the federal government is involved in screening a passenger prior to boarding any manner of transportation, it shall not constitute a defense to prosecution unless reasonable suspicion exists at the time of the screening that the passenger may pose a danger to the traveling public.

Any person convicted of a violation of this section shall be deemed guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for not more than ten years.

The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense shall not constitute a defense to a prosecution.

Any peace officer as defined by Section 99 of Title 21 of the Oklahoma Statutes may offer assistance to a citizen who requests protection from a United States Transportation Security Administration (TSA) employee or a contractor or an employee of a contractor of the TSA.

Civil actions for acts of sexual battery provided by Paragraph 3 of Subsection B of Section 1123 of Title 21 of the Oklahoma Statutes may be filed in the district court of the county where the act occurred.