Claremore Man Sentenced for Sexual Abuse of Incapable Victim

TULSA, Okla. - Today, U.S. District Judge Stephen J. Murphy, III, sentenced Cody Paul Miller after being found guilty by a Federal jury in January. Miller, 47, was found guilty of Sexual Abuse of an Incapable Victim in Indian Country. Judge Murphy ordered Miller to 138 months imprisonment, followed by five years of supervised release. Upon his release, Miller will also be required to register as a sex offender.

In July 2023, the 18-year-old victim spent the night at Miller's house with two friends, both under 18. The victim and underage minors began consuming alcohol with the Miller. The victim testified that later into the night, she woke up to Miller sexually assaulting her. She repeatedly asked the defendant to stop, and he did not. After leaving Miller's home, the victim went to a friend's home to disclose what Miller did. After receiving encouragement from her friend, the victim contacted the police.

When police questioned Miller, he told officers that the victim "got drunk really fast that night" and even "fell off the bed" because she was so drunk. Miller stated that the sexual acts were consensual and that he stopped when the victim asked him to stop.

Miller is a citizen of the Cherokee Nation and will remain in custody pending transfer to the U.S. Bureau of Prisons.

The FBI and Collinsville Police Department investigated the case. Assistant U.S. Attorneys Valeria G. Luster and Matthew P. Cyran prosecuted the case.