A convicted sex offender listed as one of Texas's Most Wanted Fugitives was arrested in Tulsa over the weekend after evading law enforcement for threeyears.
A tip left at Texas Crime Stoppers led to the arrest of Jerry Don Holmes, 43, who was living in an RV in Tulsa. The Tulsa County Sheriff's Office tookHolmes in to custody, and he will be returned to Texas to face charges including Failure to Comply with Sex Offender Registration Requirements,Assault of a Family/House Member by Impeding Breath/Circulation, and Bond Surrender Forfeiture. Holmes has been a fugitive since June 2012.
Holmes was originally convicted nearly 20 years ago for a sex crime involving a 13-year-old boy. In 1996, he was convicted of Indecency with a Childby Exposure. He was given 5 years of probation in that case, but in 1998, a probation violation led to revocation of the probation, and Holmes wassentenced to 2 years in prison.
More than a decade later, in 2011, Holmes was charged with choking a female family member. After bailing out of jail in that case, Holmes failed to showup for his court date. In June 2012, a judge issued a bench warrant for his arrest.
In Oklahoma, Indecent Exposure (21 O.S. � 1021) is a felonysex crime whose sentence range is 30 days to 10 years in prison. Indecent exposure is a Level 1 sex offense that requires sex offender registrationfor 15 years.
However, the penalties are much more severe if the act involves a minor. Lewd or Indecent Proposals or Acts to a Child Under 16, found in 21 O.S. � 1123,is the statute that covers most sex crimes against minors, with exceptions including rape, child sexual abuse by a person responsible for the careof the child, child prostitution or sex trafficking, and child pornography charges.
The lewd acts statute lists a number of prohibited acts, including to "cause, expose, force or require a child to look upon the body or private parts ofanother person." Whereas Indecent Exposure has a maximum sentence of 10 years, Lewd or Indecent Proposals or Acts to a Child Under 16 is punishableby 3 to 20 years in prison if the minor is aged 12 or older, and 25 years to life if the child is under the age of 12. While Indecent Exposure is aLevel I sex offense requiring 15 years' registration, Lewd Acts is a Level 3 sex crime requiring lifetime sex offender registration.
