Canadian County sheriff's deputies are frustrated that a man they say attempted to meet a teen girl for sex will not have to register as a sex offenderin Oklahoma.
Lt. Adam Flowers is the lead investigator with the Internet Crimes Against Children (ICAC) Unit. He reports that in July, an Oklahoma City man, identifiedas Adam McMillen, 37, contacted an undercover deputy posing online as a 14-year-old Mustang girl.
Investigators say the communication, which began on a Thursday morning, quickly turned sexual, with the man describing several sex acts he wanted the girlto perform while online. By Friday, the man allegedly arranged to meet the girl. Deputies arrested McMillen after he showed up at the pre-arrangedmeeting place. He sped off, but was apprehended shortly thereafter. Investigators say McMillen had the phone he used to communicate with the "girl."
Canadian County deputies arrested McMillen on two complaints of soliciting sexual conduct or communication with a minor by use of technology. Under21 O.S. � 1040.13a, online solicitation of a minor isa felony sex crime punishable by a maximum of 10 years in prison. According to Oklahoma's Sex Offender Registration Act, it is a Level 2 sex offense,mandating 25 years of sex offender registration upon conviction.
However, Canadian County officials say that the District Attorney's office arranged a plea agreement that allowed McMillen to plead guilty to a much lesseroffense--violation of the Oklahoma Computer Crimes Act. Under 21 O.S. � 1958, using a computer to violate any state law is a felony punishable by a maximum of 5 years in prison. It is not a sex offense and doesnot require sex offender registration.
What is the "oversight" that led to the reduced charge? According to deputies, the District Attorney failed to note that McMillen allegedly did not justtalk to the "minor," but actually attempted to meet a 14-year-old for sex.
As of this writing, an Oklahoma court records search does not reflect a guilty plea to a lesser charge. Instead, it shows a currently pending case againstMcMillen in which he is charged with lewd or indecent proposals or acts to a child under 16. This charge is a felony sex crime punishable by up to20 years in prison (minimum of 25 if the child is under 12) and lifetime sex offender registration.