Okla. Stat. tit. 21, § 21-1289.16v1 — OK Code / Title 21 / Section 21-1289.16v1
Felony pointing firearms or other deadly weapons
Status: in_force

FELONY POINTING FIREARMS

A. It shall be lawful to point a firearm, knife, or any other

deadly weapon at another person or persons by:

1. A person who can legally own or possess a weapon pursuant to

the provisions of Section 1272 of this title:

a. during an act of self-defense, or

b. in defense of real or private property, whether owned,

leased, or occupied by permission of the property

Oklahoma Statutes - Title 21. Crimes and Punishments Page 600

owner and whether or not the person possesses a valid

handgun license issued pursuant to the Oklahoma Self-

Defense Act;

2. A person in the defensive display of a firearm or other

deadly weapon, as provided for in Section 1289.25 of this title;

3. Law enforcement authorities in the performance of their

duties;

4. Armed security guards licensed by the Council on Law

Enforcement Education and Training pursuant to the Oklahoma Security

Guard and Private Investigator Act in the performance of their

duties;

5. Members of the state military forces in the performance of

their duties;

6. Members of the federal military reserve and active military

components in the performance of their duties;

7. Any federal government law enforcement officer in the

performance of any duty; or

8. Any person during the performance of a play on stage, while

participating in a rodeo, or when participating in a television

program or film project.

B. It shall be unlawful for any person to willfully and without

lawful cause point a firearm, knife, or any other deadly weapon,

whether loaded or not, at any person or persons for the purpose of

threatening or with the intention of discharging the firearm or with

any malice or for any purpose of injuring, either through physical

injury or mental or emotional intimidation, or for purposes of

whimsy, humor, or prank, or in anger or otherwise.

C. Any person convicted of a violation of the provisions of

this section shall be punished as provided in Section 1289.17 of

this title.
Okla. Stat. tit. 21, § 21-1164 — OK Code / Title 21 / Section 21-1164
Removal to another burial place
Status: in_force

Whenever a cemetery or other place of burial is lawfully

authorized to be removed from one place to another, the right and

duty to disinter, remove and rebury the remains of bodies there

lying buried devolves upon the same persons required to bury the

deceased in the order in which they there are named, and if they all

fail to act, then upon the lawful custodians of the place of burial

so removed. Every omission of such duty is punishable in the same

manner as other omissions to perform the duty of making burial.
Okla. Stat. tit. 21, § 21-105 — OK Code / Title 21 / Section 21-105
Person defined
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 131

The word "person" includes corporations, as well as natural

persons.
Okla. Stat. tit. 21, § 21-1516 — OK Code / Title 21 / Section 21-1516
Devices or plans to procure services - Making,
Status: in_force

possessing, etc., prohibited - Penalty.

Any individual, corporation or other person who:

(a) makes or possesses any instrument, apparatus, equipment, or

device designed, adapted or which can be used

(1) to fraudulently avoid the lawful charge for any

telecommunication service in violation of Section 1 of this act; or

(2) to conceal, or to assist another to conceal, from any

supplier of telecommunication service or from any lawful authority

the existence or place of origin or of destination of any

telecommunication; or

(b) sells, gives or otherwise transfers to another, or offers or

advertises to sell, give or otherwise transfer, any instrument,

apparatus, equipment, or device, described in (a) above, or plans or

instructions for making or assembling the same; under circumstances

evidencing an intent to use or employ such instrument, apparatus,

equipment, or device, or to allow the same to be used or employed,

for a purpose described in (a) (1) or (a) (2), above, or knowing or

having reason to believe that the same is intended to be so used, or

that the aforesaid plans or instructions are intended to be used for

making or assembling such instrument, apparatus, equipment, or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 706

device; shall be deemed guilty of a misdemeanor, and shall, upon

conviction thereof, be imprisoned not exceeding one (1) year or

fined not exceeding One Thousand Dollars ($1,000.00), or both, in

the discretion of the court.
Okla. Stat. tit. 21, § 21-1638 — OK Code / Title 21 / Section 21-1638
Insolvencies deemed fraudulent
Status: in_force

Every insolvency of a moneyed corporation is deemed fraudulent

unless its affairs appear, upon investigation, to have been

administered fairly and legally, and generally with the same care

and diligence that agents receiving a compensation for their

services are bound by law to observe.
Okla. Stat. tit. 21, § 21-841.5 — OK Code / Title 21 / Section 21-841.5
Renumbered as § 1-1451 of Title 63 by Laws 2001, c. 384, § 12, emerg. eff. June 4, 2001. ... 336
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 11§ 12, emerg. eff. June 4, 2001.
Okla. Stat. tit. 21, § 21-1290.23 — OK Code / Title 21 / Section 21-1290.23
Deposit of fees by OSBI
Status: in_force

DEPOSIT OF FEES BY OSBI

All money submitted by the sheriffs to the Oklahoma State Bureau

of Investigation as processing fees for applications submitted for

handgun licenses shall be deposited in the General Revenue Fund of

the State Treasury.
Okla. Stat. tit. 21, § 21-701.10-1 — OK Code / Title 21 / Section 21-701.10-1
Sentencing proceeding - Murder in the first degree -
Status: in_force

Life imprisonment.

A. Upon conviction or adjudication of guilt of a defendant of

murder in the first degree, wherein the state is not seeking the

death penalty but has alleged that the defendant has prior felony

convictions, the court shall conduct a separate sentencing

proceeding to determine whether the defendant should be sentenced to

life imprisonment without parole or life imprisonment, wherein the

state shall be given the opportunity to prove any prior felony

convictions beyond a reasonable doubt. The proceeding shall be

conducted by the trial judge before the same trial jury as soon as

practicable without presentence investigation.

B. If the trial jury has been waived by the defendant and the

state, or if the defendant pleaded guilty or nolo contendere, the

sentencing proceeding shall be conducted before the court.
Okla. Stat. tit. 21, § 21-851 — OK Code / Title 21 / Section 21-851
Desertion of children under age of ten a felony
Status: in_force

A. Any parent of any child or children under the age of ten

(10) years, and every person to whom such child or children have

been confided for nurture or education, who deserts such child or

children within this state, or takes such child or children without

this state, with the intent wholly to abandon it shall be deemed

guilty of a Class B4 felony offense and upon conviction thereof

shall be punished by imprisonment in the State Penitentiary for any

period of time not less than one (1) year nor more than ten (10)

years.

B. It is an affirmative defense to a prosecution under this

section that a parent voluntarily delivered a child under the age of

thirty (30) days to and left the child with, or voluntarily arranged

for another person to deliver a child to and leave the child with, a

medical services provider or child rescuer as provided in Section 1-

2-109 of Title 10A of the Oklahoma Statutes.

R.L. 1910, § 2433. Amended by Laws 1923, c. 78, p. 143, § 1, emerg.

eff. March 28, 1923; Laws 1997, c. 133, § 250, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-142A-2 — OK Code / Title 21 / Section 21-142A-2
Victims and witnesses rights
Status: in_force

A. The office of the district attorney shall inform the victims

and witnesses of crimes of their rights under the Oklahoma Victim's

Rights Act, which shall include the following rights:

1. Upon request, to be notified and to be present at all

proceedings involving the criminal or delinquent conduct, to be

heard in any proceeding involving release, plea, sentencing,

disposition, parole and any proceeding during which a right of the

victim is implicated and to be notified that a court proceeding to

which a victim or witness has been subpoenaed will or will not go on

as scheduled, in order to save the person an unnecessary trip to

court;

2. To be treated with fairness and respect for the safety,

dignity and privacy of the victim, to receive protection from harm

and threats of harm arising out of the cooperation of the person

Oklahoma Statutes - Title 21. Crimes and Punishments Page 155

with law enforcement and prosecution efforts, to be provided with

information as to the level of protection available and how to

access protection and, upon request, to be notified of any release

or escape of an accused;

3. To be informed of financial assistance and other social

services available as a result of being a witness or a victim,

including information on how to apply for the assistance and

services;

4. To be informed of the procedure to be followed in order to

apply for and receive any witness fee to which the victim or witness

is entitled;

5. To be informed of the procedure to be followed in order to

apply for and receive any restitution to which the victim is

entitled;

6. To be provided, whenever possible, a secure waiting area

during court proceedings that does not require close proximity to

defendants and families and friends of defendants;

7. To have any stolen or other personal property expeditiously

returned by law enforcement agencies when no longer needed as

evidence. If feasible, all such property, except weapons, currency,

contraband, property subject to evidentiary analysis and property

the ownership of which is disputed, shall be returned to the person;

8. To be provided with appropriate employer intercession

services to ensure that employers of victims and witnesses will

cooperate with the criminal justice process in order to minimize the

loss of pay and other benefits of the employee resulting from court

appearances;

9. To have the family members of all homicide victims afforded

all of the services under this section, whether or not the person is

to be a witness in any criminal proceeding;

10. To be informed of any plea bargain negotiations and, upon

request, to confer with the attorney for the state;

11. To have victim impact statements filed with the judgment

and sentence;

12. To be informed if a sentence is overturned, remanded for a

new trial or otherwise modified by the Oklahoma Court of Criminal

Appeals;

13. To be informed in writing of all constitutional and

statutory rights. Upon initial contact with a victim, a municipal,

county or state law enforcement officer shall provide the victim

with a written copy of the constitutional and statutory rights of

the victim unless, in the judgment of the law enforcement officer

making the initial contact, the circumstances of the criminal

offense or delinquent act and condition of the victim indicates that

the victim, family of the victim or dependents of the victim will

not be able to understand the significance of the constitutional and

statutory rights. If a written copy of the constitutional and

Oklahoma Statutes - Title 21. Crimes and Punishments Page 156

statutory rights is not provided upon initial contact with the

victim, a written copy of the rights shall be provided on the next

contact with the victim by a law enforcement officer with the same

law enforcement agency no later than twenty-four (24) hours after

the initial contact. The Attorney General shall prepare and place

on the official website of the Attorney General a sample

notification card listing all constitutional and statutory

provisions relative to the rights of victims. The card shall be

suitable for law enforcement agencies to download for the purpose of

providing the cards to victims in printed form. Law enforcement

agencies may use the form prepared by the Attorney General or may

prepare and use any other written notification form they see fit as

long as all rights under the Oklahoma Victim's Rights Act are

included;

14. To be informed that when any family member is required to

be a witness by a subpoena from the defense, there must be a showing

that the witness can provide relevant testimony as to the guilt or

innocence of the defendant before the witness may be excluded from

the proceeding by invoking the rule to remove potential witnesses

and to refuse an interview or other request made by the accused or

any person acting on behalf of the accused, other than a refusal to

appear if subpoenaed by defense counsel;

15. To be informed that the Oklahoma Constitution allows, upon

the recommendation of the Pardon and Parole Board and the approval

of the Governor, the commutation of any sentence, including a

sentence of life without parole;

16. To receive written notification of how to access victim

rights information from the interviewing officer or investigating

detective;

17. To a speedy disposition of the charges free from

unwarranted delay caused by or at the behest of the defendant or

minor. In determining a date for any criminal trial or other

important criminal or juvenile justice hearing, the court shall

consider the interests of the victim of a crime to a speedy

resolution of the charges under the same standards that govern the

right to a speedy trial for a defendant or a minor. In ruling on

any motion presented on behalf of a defendant or minor to continue a

previously established trial or other important criminal or juvenile

justice hearing, the court shall inquire into the circumstances

requiring the delay and consider the interests of the victim of a

crime to a speedy resolution of the case. If a continuance is

granted, the court shall enter into the record the specific reason

for the continuance and the procedures that have been taken to avoid

further delays; and

18. To any other rights enumerated in Section 34 of Article II

of the Oklahoma Constitution.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 157

B. The office of the district attorney shall inform the crime

victim of an offense committed by a juvenile of the name and address

of the juvenile found to have committed the crime, and shall notify

the crime victim of all court hearings involving that particular

juvenile act. If the victim is not available, the office of the

district attorney shall notify an adult relative of the victim of

said hearings.

C. The office of the district attorney shall inform victims of

violent crimes and members of the immediate family of such victims

of their rights under Sections 142A-8 and 142A-9 of this title and

Section 332.2 of Title 57 of the Oklahoma Statutes.

D. In any felony case involving a violent crime or a sex

offense, the office of the district attorney shall inform the

victim, as soon as practicable, or an adult member of the immediate

family of the victim if the victim is deceased, incapacitated, or

incompetent, of the progress of pretrial proceedings which could

substantially delay the prosecution of the case.

E. The office of the district attorney shall inform the crime

victim that he or she has the right to utilize the automated

notification system provided by the designated Oklahoma victim

notification service provider for purposes of receiving information

regarding the location of the defendant following an arrest, during

a prosecution of the criminal case, during a sentence to probation

or confinement, and when there is any release or escape of the

defendant from confinement.

F. The victim, the attorney for the victim or other lawful

representative, or the attorney for the state upon request of the

victim may assert in any trial or appellate court or before any

other authority with jurisdiction over the case and have enforced

all the rights enumerated in this section and any other right

afforded to the victim by law. The court or other authority shall

act promptly on such a request. The rights afforded victims under

the Oklahoma Victim's Rights Act shall be protected in a manner no

less vigorous than the rights afforded the accused.
Okla. Stat. tit. 21, § 21-852.1v2 — OK Code / Title 21 / Section 21-852.1v2
Child endangerment - Knowingly permitting physical or
Status: in_force

sexual abuse – Good-faith reliance on spiritual healing - Penalties.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 369

A. A person who is the parent, guardian, or person having

custody or control over a child as defined in Section 1-1-105 of

Title 10A of the Oklahoma Statutes, commits child endangerment when

the person:

1. Knowingly permits physical or sexual abuse of a child;

2. Knowingly permits a child to be present at a location where

a controlled dangerous substance is being manufactured or attempted

to be manufactured as defined in Section 2-101 of Title 63 of the

Oklahoma Statutes;

3. Knowingly permits a child to be present in a vehicle when

the person knows or should have known that the operator of the

vehicle is impaired by or is under the influence of alcohol or

another intoxicating substance; or

4. Is the driver, operator, or person in physical control of a

vehicle in violation of Section 11-902 of Title 47 of the Oklahoma

Statutes while transporting or having in the vehicle such child or

children.

However, it is an affirmative defense to this paragraph if the

person had a reasonable apprehension that any action to stop the

physical or sexual abuse or deny permission for the child to be in

the vehicle with an intoxicated person would result in substantial

bodily harm to the person or the child.

Nothing in this subsection shall prohibit the prosecution of a

person pursuant to the provisions of Section 11-902 or 11-904 of

Title 47 of the Oklahoma Statutes.

B. The provisions of this section shall not apply to any

parent, guardian or other person having custody or control of a

child for the sole reason that the parent, guardian or other person

in good faith selects and depends upon spiritual means or prayer for

the treatment or cure of disease or remedial care for such child.

This subsection shall in no way limit or modify the protections

afforded said child in Section 852 of this title or Section 1-4-904

of Title 10A of the Oklahoma Statutes.

C. Any person convicted of violating any provision of this

section shall be guilty of a Class B6 felony offense punishable by

imprisonment in the custody of the Department of Corrections for a

term of not more than four (4) years, or by a fine not exceeding

Five Thousand Dollars ($5,000.00), or by both such fine and

imprisonment.
Okla. Stat. tit. 21, § 21-1290.5v2 — OK Code / Title 21 / Section 21-1290.5v2
Term of license and renewal
Status: in_force

TERM OF LICENSE AND RENEWAL

A. A handgun license when issued shall authorize the person to

whom the license is issued to carry a loaded or unloaded handgun,

concealed or unconcealed, as authorized by the provisions of the

Oklahoma Self-Defense Act, and any future modifications thereto.

The license shall be valid in this state for a period of five (5) or

ten (10) years, unless subsequently surrendered, suspended, or

revoked as provided by law. The person shall have no authority to

continue to carry a concealed or unconcealed handgun in this state

pursuant to the Oklahoma Self-Defense Act when a license is expired

or when a license has been voluntarily surrendered or suspended or

revoked for any reason.

B. A license may be renewed any time within ninety (90) days

prior to the expiration date as provided in this subsection. The

Oklahoma State Bureau of Investigation may notify each eligible

licensee at the email address on file at least ninety (90) days

prior to the expiration of the license. However, any applicant

shall have thirty (30) days from the expiration of the license to

comply with the renewal requirements of this section. Renewal

applications shall be denied by the Bureau if a current license is

subject to being or currently is suspended or revoked by the Bureau.

1. To renew a handgun license, the licensee may either complete

a written renewal form provided by the Bureau or a digital renewal

form provided by the Bureau online.

2. If the applicant completes the digital renewal form online,

the applicant must submit a passport-sized photograph with the

application. If the applicant completes a written renewal

application, the applicant must submit two current passport-sized

photographs of the applicant with the application.

3. A renewal fee in the amount of Eighty-five Dollars ($85.00)

must be submitted to the Bureau with an application. The renewal

fee may be paid with a nationally recognized credit card as provided

in subparagraph b of paragraph 4 of subsection A of Section 1290.12

of this title, by electronic funds transfer, or by a cashier’s check

or money order made payable to the Oklahoma State Bureau of

Investigation.

4. Upon receipt of the renewal application, photographs, and

fee, the Bureau will conduct a background check and investigation

Oklahoma Statutes - Title 21. Crimes and Punishments Page 623

pursuant to Section 1290.12 of this title, excluding the

requirements of a state fingerprint search and Federal Bureau of

Investigation fingerprint search.

C. Any person submitting an application for a handgun license

or any licensee seeking to renew a handgun license shall have the

option to request that the license be valid for a period of ten (10)

years. The fee for any handgun license issued for a period of ten

(10) years shall be double the amount of the fee provided for in

paragraph 4 of subsection A of Section 1290.12 of this title. The

renewal fee for a handgun license issued for a period of ten (10)

years shall be double the amount of the fee provided for in

paragraph 3 of subsection B of this section.
Okla. Stat. tit. 21, § 21-704 — OK Code / Title 21 / Section 21-704
Anger or intoxication no defense
Status: in_force

Homicide committed with a design to effect death is not the less

murder because the perpetrator was in a state of anger or voluntary

intoxication at the time.
Okla. Stat. tit. 21, § 21-1086 — OK Code / Title 21 / Section 21-1086
Allowing offense on premises - Punishment
Status: in_force

Any owner, proprietor, keeper, manager, conductor, or other

person, who knowingly permits or suffers the violation of any

provision of this article, in any house, building, room, tent, lot

or premises under his control or of which he has possession, upon

conviction, shall be punished for the first offense by imprisonment

within the county jail for a period of not less than six (6) months

nor more than one (1) year, and by a fine of not more than Three

Hundred Dollars ($300.00), and upon conviction for any subsequent

offense under this article shall be guilty of a Class B4 felony

offense and shall be punished by imprisonment in the State

Penitentiary for a period of not less than one (1) year nor more

than ten (10) years.

R.L. 1910, § 2430. Amended by Laws 1997, c. 133, § 288, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 190, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-644 — OK Code / Title 21 / Section 21-644
See the following versions:
Status: in_force

OS 21-644v1 (HB 1595, Laws 2025, c. 147, 1)

OS 21-644v2 (HB 1273, Laws 2025, c. 322, § 1)

OS 21-644v3 (SB 541, Laws 2025, c. 162, § 2)

OS 21-644v4 (HB 2104, Laws 2025, c. 486, § 3)
Okla. Stat. tit. 21, § 21-1279 — OK Code / Title 21 / Section 21-1279
Misdemeanor pointing a firearm
Status: in_force

MISDEMEANOR POINTING A FIREARM

It shall be unlawful for any person to point any firearm or any

other deadly weapon whether loaded or not, at any other person or

persons. Any person violating the provisions of this section shall,

upon conviction, be guilty of a misdemeanor punishable as provided

in Section 1280 of this title.

The provisions of this section shall not apply to persons acting

in self-defense or to home or business owners in defense of their

private property, whether or not they possess a valid handgun

license pursuant to the provisions of the Oklahoma Self-Defense Act.

R.L. 1910, § 2553. Amended by Laws 1995, c. 272, § 33, eff. Sept.

1, 1995; Laws 2013, c. 171, § 1, eff. Nov. 1, 2013; Laws 2025, c.

261, § 1, emerg. eff. May 14, 2025.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 584
Okla. Stat. tit. 21, § 21-1054 — OK Code / Title 21 / Section 21-1054
Selling lottery tickets
Status: in_force

Every person who sells, gives or in any manner whatever

furnishes or transfers to or for any other person, any ticket,

chance, share or interest, or any paper, certificate or instrument,

purporting or represented or understood to be or represent any

ticket, chance, share or interest in or depending upon the event of

any lottery, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1265.8 — OK Code / Title 21 / Section 21-1265.8
Detention and arrest of persons entering without
Status: in_force

permission.

Any peace officer or any person employed as watchman, guard, or

in a supervisory capacity on premises posted as provided in Section

7 may stop any person found on any premises to which entry without

permission is forbidden by Section 7 and may detain him for the

purpose of demanding, and may demand of him his name, address and

business in such place. If said peace officer or employee has

reason to believe from the answers of the person so interrogated

that such person has no right to be in such place, said peace

officer shall forthwith release such person or he may arrest such

person without a warrant on the charge of violating the provisions

of Section 7; and said employee shall forthwith release such person

or turn him over to a peace officer, who may arrest him without a

warrant on the charge of violating the provisions of Section 7.
Okla. Stat. tit. 21, § 21-1507 — OK Code / Title 21 / Section 21-1507
Fraud by auctioneer
Status: in_force

Every person carrying on, or employed about the business of

selling property or goods by auction, who sells any goods or

property in a damaged condition which he offers as sound or in a

good condition, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1028 — OK Code / Title 21 / Section 21-1028
Setting up or operating place of prostitution - Ownership
Status: in_force

- Renting - Procuring - Receiving person for forbidden purpose -

Transportation - Receiving proceeds.

A. It shall be unlawful in the State of Oklahoma:

1. To keep, set up, maintain, or operate any house, place,

building, other structure, or part thereof, or vehicle, trailer, or

other conveyance with the intent of committing an act of

prostitution, lewdness, or assignation;

2. To knowingly own any house, place, building, other

structure, or part thereof, or vehicle, trailer, or other conveyance

used with the intent of committing an act of lewdness, assignation,

or prostitution, or to let, lease, or rent, or contract to let,

lease, or rent any such place, premises, or conveyance, or part

thereof, to another with knowledge or reasonable cause to believe

that the intention of the lessee or rentee is to use such place,

premises, or conveyance for prostitution, lewdness, or assignation;

3. To offer, or to offer to secure, another with the intent of

having such person commit an act of prostitution, or with the intent

of having such person commit any other lewd or indecent act;

4. To receive or to offer or agree to receive any person into

any house, place, building, other structure, vehicle, trailer, or

other conveyance with the intent of committing an act of

prostitution, lewdness, or assignation, or to permit any person to

remain there with such intent;

5. To direct, take, or transport, or to offer or agree to take

or transport, or aid or assist in transporting, any person to any

house, place, building, other structure, vehicle, trailer, or other

Oklahoma Statutes - Title 21. Crimes and Punishments Page 430

conveyance, or to any other person with knowledge or having

reasonable cause to believe that the intent of such directing,

taking or transporting is prostitution, lewdness or assignation;

6. To knowingly accept, receive, levy, or appropriate any money

or other thing of value without consideration from a prostitute or

from the proceeds of any person engaged in prostitution; or

7. To knowingly abet the crime of prostitution by allowing a

house, place, building, or parking lot to be used or occupied by a

person who is soliciting, inducing, enticing, or procuring another

to commit an act of lewdness, assignation, or prostitution or who is

engaging in prostitution, lewdness, or assignation on the premises

of the house, place, building, or parking lot.

B. Any person who violates the provisions of this section

shall, upon conviction, be guilty of a Class B4 felony offense

punishable by imprisonment in the Department of Corrections for a

term of not more than five (5) years, and by a fine as follows:

1. Not more than Five Thousand Dollars ($5,000.00) upon the

first conviction;

2. Not more than Ten Thousand Dollars ($10,000.00) upon the

second conviction; and

3. Not more than Fifteen Thousand Dollars ($15,000.00) upon the

third or subsequent conviction.

C. Any person who violates the provisions of this section where

the victim of the offense is under eighteen (18) years of age at the

time of the offense shall, upon conviction, be guilty of a felony

punishable by imprisonment in the custody of the Department of

Corrections for a term of not more than fifteen (15) years, and by a

fine as follows:

1. Not more than Ten Thousand Dollars ($10,000.00) upon the

first conviction;

2. Not more than Twenty Thousand Dollars ($20,000.00) upon the

second conviction; and

3. Not more than Thirty Thousand Dollars ($30,000.00) upon the

third or subsequent conviction.
Okla. Stat. tit. 21, § 21-442 — OK Code / Title 21 / Section 21-442
Prisoner defined
Status: in_force

The term prisoner in this article includes every person held in

custody under process of law issued from a court of competent

jurisdiction, whether civil or criminal, or under any lawful arrest.
Okla. Stat. tit. 21, § 21-1692.7 — OK Code / Title 21 / Section 21-1692.7
Seizure, destruction, or forfeiture of cockfighting
Status: in_force

equipment or facilities.

Following the conviction of a person for Sections 2, 3, 4, or 5

of this act, the court entering the judgment shall order that the

birds and knives or gaffs used in violation of this act be forfeited

Oklahoma Statutes - Title 21. Crimes and Punishments Page 774

to the state, and may order that any and all equipment described in

Section 1 used in violation of this act be forfeited to the state.

Added by State Question No. 687, Initiative Petition No. 365,

Provision No. 7, adopted at General Election held on November 5,

2002.
Okla. Stat. tit. 21, § 21-278 — OK Code / Title 21 / Section 21-278
Refusal to surrender books to successor
Status: in_force

Every person who having been an executive officer of this state,

wrongfully refuses to surrender the official seal or any of the

Oklahoma Statutes - Title 21. Crimes and Punishments Page 184

books and papers appertaining to his office, to his successor, who

has been duly elected or appointed, and has duly qualified, and has

demanded the surrender of the books and papers of such office is

guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1111v1 — OK Code / Title 21 / Section 21-1111v1
Rape defined
Status: in_force

A. Rape is an act of sexual intercourse involving vaginal or

anal penetration accomplished with a male or female within or

without the bonds of matrimony who may be of the same or the

opposite sex as the perpetrator under any of the following

circumstances:

1. Where the victim is under sixteen (16) years of age;

2. Where the victim is incapable through mental illness or any

other unsoundness of mind, whether temporary or permanent, of giving

legal consent;

3. Where force or violence is used or threatened, accompanied

by apparent power of execution to the victim or to another person;

4. 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;

5. Where the victim is at the time unconscious of the nature of

the act and this fact is known to the accused;

Oklahoma Statutes - Title 21. Crimes and Punishments Page 482

6. Where the victim submits to sexual intercourse under the

belief that the person committing the act is a spouse, and this

belief is induced by artifice, pretense, or concealment practiced by

the accused or by the accused in collusion with the spouse with

intent to induce that belief. In all cases of collusion between the

accused and the spouse to accomplish such act, both the spouse and

the accused, upon conviction, shall be deemed guilty of rape;

7. Where the victim is under the legal custody or supervision

of a state agency, a federal agency, a county, a municipality or a

political subdivision and engages in sexual intercourse with a

state, federal, county, municipal or political subdivision employee

or an employee of a contractor of the state, the federal government,

a county, a municipality or a political subdivision that exercises

authority over the victim, or the subcontractor or employee of a

subcontractor of the contractor of the state or federal government,

a county, a municipality or a political subdivision that exercises

authority over the victim;

8. Where the victim is at least sixteen (16) years of age and

is less than twenty (20) years of age and is a student, or under the

legal custody or supervision of any public or private elementary or

secondary school, junior high or high school, or public vocational

school, and engages in sexual intercourse with a person who is

eighteen (18) years of age or older and is an employee of a school

system. For purposes of this section, "employee of a school system"

shall include employed and contracted school resource officers and

security guards;

9. Where the victim is nineteen (19) years of age or younger

and is in the legal custody of a state agency, federal agency or

tribal court and engages in sexual intercourse with a foster parent

or foster parent applicant; or

10. Where the victim is a student at a secondary school, is

concurrently enrolled at an institution of higher education, and

engages in acts pursuant to this subsection with a perpetrator who

is an employee of the institution of higher education of which the

victim is enrolled.

B. "Employee of an institution of higher education", for

purposes of this section, means faculty, adjunct faculty,

instructors, volunteers, or an employee of a business contracting

with an institution of higher education who may exercise, at any

time, institutional authority over the victim. Employee of an

institution of higher education shall not include an enrolled

student who is not more than three (3) years of age or older than

the concurrently enrolled student and who is employed or

volunteering, in any capacity, for the institution of higher

education.

R.L. 1910, § 2414. Amended by Laws 1981, c. 325, § 1; Laws 1983, c.

41, § 1, eff. Nov. 1, 1983; Laws 1984, c. 134, § 1, eff. Nov. 1,

Oklahoma Statutes - Title 21. Crimes and Punishments Page 483

1984; Laws 1990, c. 224, § 2, eff. Sept. 1, 1990; Laws 1993, c. 62,

§ 1, eff. Sept. 1, 1993; Laws 1995, c. 22, § 1, eff. Nov. 1, 1995;
Okla. Stat. tit. 21, § 21-748.3 — OK Code / Title 21 / Section 21-748.3
Victims of Human Trafficking and Prevention Revolving
Status: in_force

Fund.

A. There is hereby created in the State Treasury a revolving

fund for the Office of the Attorney General to be designated the

"Victims of Human Trafficking and Prevention Revolving Fund". The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies received from penalties

imposed by the courts on convictions of human trafficking violations

and funds received from any other source, including legislative

appropriations. All monies accruing to the credit of the fund are

hereby appropriated and may be budgeted and expended by the Office

of the Attorney General for the purposes provided in subsection B of

this section. Expenditures from the fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.

B. The purposes of the fund include, but are not limited to:

1. Educating the public about the recruitment, trafficking, and

exploitation of persons through human trafficking;

2. Assisting in the prevention of recruitment in schools of

minors for exploitation;

Oklahoma Statutes - Title 21. Crimes and Punishments Page 318

3. Establishing a survivors' resource center to make

information available to survivors of human trafficking about

services and resources, including legal services, social services,

safe harbors, safe houses, and language services;

4. Assisting in the coordination between law enforcement

agencies and service providers; and

5. Providing information concerning a petition for expungement

of a criminal history record resulting from the arrest or filing of

charges for an offense committed or reported to have been committed

while the person was a victim of human trafficking.
Okla. Stat. tit. 21, § 21-905 — OK Code / Title 21 / Section 21-905
Punishment for profane swearing
Status: in_force

Every person guilty of profane swearing is punishable by a fine

of One Dollar ($1.00) for each offense.
Okla. Stat. tit. 21, § 21-1541.2v2 — OK Code / Title 21 / Section 21-1541.2v2
Obtaining or attempting to obtain property by trick
Status: in_force

or deception - False statements or pretenses - Confidence game -

Penalty.

A. If the value of the money, property or valuable thing

referred to in Section 1541.1 of this title is:

1. One Thousand Dollars ($1,000.00) or more but less than Two

Thousand Five Hundred Dollars ($2,500.00), the person shall be

guilty of a Class D3 felony offense punishable by imprisonment as

provided for in subsections B through F of Section 20P of this

title, or by a fine not to exceed Five Thousand Dollars ($5,000.00),

or by both such fine and imprisonment;

2. Two Thousand Five Hundred Dollars ($2,500.00) or more but

less than Fifteen Thousand Dollars ($15,000.00), the person shall be

guilty of a Class D1 felony offense punishable by imprisonment as

provided for in subsections B through F of Section 20N of this

title, or by a fine not to exceed Five Thousand Dollars ($5,000.00),

or by both such imprisonment and fine; or

3. Fifteen Thousand Dollars ($15,000.00) or more, the person

shall be guilty of a Class C2 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20M of this title, or by a fine not to exceed Five Thousand Dollars

($5,000.00), or by both such imprisonment and fine.

B. Any person convicted pursuant to this section shall also be

ordered to pay restitution to the victim as provided in Section 991f

of Title 22 of the Oklahoma Statutes.
Okla. Stat. tit. 21, § 21-1488 — OK Code / Title 21 / Section 21-1488
Blackmail
Status: in_force

Blackmail is verbally or by written or printed communication and

with intent to extort or gain any thing of value from another or to

compel another to do an act against his or her will:

1. Accusing or threatening to accuse any person of a crime or

conduct which would tend to degrade and disgrace the person accused;

2. Exposing or threatening to expose any fact, report or

information concerning any person which would in any way subject

such person to the ridicule or contempt of society; or

3. Threatening to report a person as being illegally present in

the United States, and is coupled with the threat that such

accusation or exposure will be communicated to a third person or

persons unless the person threatened or some other person pays or

delivers to the accuser or some other person some thing of value or

does some act against his or her will. Blackmail is a Class D1

felony offense punishable by imprisonment as provided for in

subsections B through F of Section 20N of this title, or a fine not

to exceed Ten Thousand Dollars ($10,000.00), or by both such

imprisonment and fine.
Okla. Stat. tit. 21, § 21-1111v3 — OK Code / Title 21 / Section 21-1111v3
Rape defined
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 485

A. Rape is an act of sexual intercourse involving vaginal or

anal penetration accomplished with a male or female within or

without the bonds of matrimony who may be of the same or the

opposite sex as the perpetrator under any of the following

circumstances:

1. Where the victim is under eighteen (18) years of age;

2. Where the victim is incapable through mental illness or any

other unsoundness of mind, whether temporary or permanent, of giving

legal consent;

3. Where force or violence is used or threatened, accompanied

by apparent power of execution to the victim or to another person;

4. 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;

5. Where the victim is at the time unconscious of the nature of

the act and this fact is known to the accused;

6. Where the victim submits to sexual intercourse under the

belief that the person committing the act is a spouse, and this

belief is induced by artifice, pretense, or concealment practiced by

the accused or by the accused in collusion with the spouse with

intent to induce that belief. In all cases of collusion between the

accused and the spouse to accomplish such act, both the spouse and

the accused, upon conviction, shall be deemed guilty of rape;

7. Where the victim is under the legal custody or supervision

of a state agency, a federal agency, a county, a municipality, or a

political subdivision and engages in sexual intercourse with a

state, federal, county, municipal, or political subdivision employee

or an employee of a contractor of the state, the federal government,

a county, a municipality, or a political subdivision that exercises

authority over the victim, or the subcontractor or employee of a

subcontractor of the contractor of the state or federal government,

a county, a municipality, or a political subdivision that exercises

authority over the victim;

8. Where the victim is less than twenty (20) years of age and

is a student, or under the legal custody or supervision of any

public or private elementary or secondary school, junior high or

high school, or public vocational school, and engages in sexual

intercourse with a person who is eighteen (18) years of age or older

and is an employee of a school system;

9. Where the victim is nineteen (19) years of age or younger

and is in the legal custody of a state agency, federal agency, or

tribal court and engages in sexual intercourse with a foster parent

or foster parent applicant; or

10. Where the victim is a student at a secondary school, is

concurrently enrolled at an institution of higher education, and

engages in acts pursuant to this subsection with a perpetrator who

Oklahoma Statutes - Title 21. Crimes and Punishments Page 486

is an employee of the institution of higher education at which the

victim is enrolled.

B. "Employee of an institution of higher education", for

purposes of this section, means faculty, adjunct faculty,

instructors, volunteers, or an employee of a business contracting

with an institution of higher education who may exercise, at any

time, institutional authority over the victim. Employee of an

institution of higher education shall not include an enrolled

student who is not more than three (3) years of age or older than

the concurrently enrolled student and who is employed or

volunteering, in any capacity, for the institution of higher

education.

R.L. 1910, § 2414. Amended by Laws 1981, c. 325, § 1; Laws 1983, c.

41, § 1, eff. Nov. 1, 1983; Laws 1984, c. 134, § 1, eff. Nov. 1,

1984; Laws 1990, c. 224, § 2, eff. Sept. 1, 1990; Laws 1993, c. 62,

§ 1, eff. Sept. 1, 1993; Laws 1995, c. 22, § 1, eff. Nov. 1, 1995;
Okla. Stat. tit. 21, § 21-1697 — OK Code / Title 21 / Section 21-1697
Owning, possessing, keeping or training dog for fighting
Status: in_force

- Felony - Penalty.

Every person who owns, possesses, keeps or trains any dog with

the intent that such dog shall be engaged in an exhibition of

fighting with another dog, upon conviction, shall be guilty of a

Class B5 felony offense, punishable as provided in Section 1699.1 of

this title.
Okla. Stat. tit. 21, § 21-388 — OK Code / Title 21 / Section 21-388
Attempts to influence jurors
Status: in_force

Every person who attempts to influence a juror, or any person

summoned or drawn as a juror, or chosen as arbitrator or appointed a

referee, in respect to his or her verdict, or decision of any cause

or matter pending, or about to be brought before him or her, either:

1. By means of any communication oral or written had with him

or her, except in the regular course of proceedings upon the trial

of the cause;

2. By means of any book, paper, or instrument, exhibited

otherwise than in the regular course of proceedings, upon the trial

of the cause;

3. By means of any threat or intimidation; or

4. By means of any assurance or promise of any pecuniary or

other advantage,

is guilty of a Class C2 felony offense punishable by a fine not to

exceed Five Thousand Dollars ($5,000.00), or by imprisonment as

provided for in subsections B through F of Section 20M of this

title, or by both such fine and imprisonment.

R.L. 1910, § 2190. Amended by Laws 2014, c. 316, § 1, eff. Nov. 1,

2014; Laws 2025, c. 486, § 218, eff. Jan. 1, 2026.
Okla. Stat. tit. 21, § 21-1831 — OK Code / Title 21 / Section 21-1831
Taking or injuring saw logs
Status: in_force

Any person who shall willfully and without authority take any

saw logs that may be on any river or on the land adjoining or near a

river, which may have floated down said river, or onto said land,

and shall remove or attempt to remove the same, or who shall cut or

split such logs or otherwise destroy or injure them, shall be deemed

guilty of a misdemeanor, and upon conviction, where the value of the

logs exceeds One Hundred Dollars ($100.00), be punished by

imprisonment not more than one (1) year nor less than three (3)

months, and by fine not to exceed One Hundred and not less than Ten

Dollars ($10.00); and where the value of the logs is One Hundred

Dollars ($100.00) or less, the punishment shall be by fine not

exceeding Eighty and not less than Twenty Dollars ($20.00). R.L.

1910 Sec. 2752.
Okla. Stat. tit. 21, § 21-1403 — OK Code / Title 21 / Section 21-1403
Arson in the third degree
Status: in_force

A. Any person who willfully and maliciously sets fire to or

burns or by the use of any explosive device or substance destroys in

whole or in part, or causes to be burned or destroyed, or aids,

counsels or procures the burning of any property whatsoever,

including automobiles, trucks, trailers, motorcycles, boats,

standing farm crops, pasture lands, forest lands, or any other

property not herein specifically named, such property being worth

not less than Fifty Dollars ($50.00), whether the property of

himself or another, shall be guilty of arson in the third degree, a

Class C1 felony offense, and upon conviction thereof shall be

punished by a fine not to exceed Ten Thousand Dollars ($10,000.00),

or be confined as provided for in subsections B through E of Section

20L of Title 21 of the Oklahoma Statutes.

B. Any person who willfully and maliciously, and with intent to

injure or defraud the insurer, sets fire to or burns or by use of

any explosive device or substance destroys in whole or in part, or

causes to be burned or destroyed, or aids, counsels, or procures the

burning or destruction of any building, property, or other chattels,

whether the property of himself or another, which shall at the time

be insured against loss or damage by fire or explosion, shall be

guilty of arson in the third degree, a Class B3 felony offense, and

upon conviction thereof shall be punished by a fine not to exceed

Ten Thousand Dollars ($10,000.00) or be confined in the State

Penitentiary for not more than fifteen (15) years or both.
Okla. Stat. tit. 21, § 21-1213 — OK Code / Title 21 / Section 21-1213
Penalties
Status: in_force

1. It is a misdemeanor for any person to violate any of the

provisions of Section 1209 et seq. of this title.

2. Every person convicted of a misdemeanor for violating any

provision of Section 1209 et seq. of this title shall be punished by

a fine of not more than Three Thousand Dollars ($3,000.00) or by

imprisonment for not more than one (1) year, or by both such fine

and imprisonment.
Okla. Stat. tit. 21, § 21-952 — OK Code / Title 21 / Section 21-952
Persons jointly charged - Severance
Status: in_force

Persons jointly charged with the violation of any of the

provisions of this act shall be tried together, provided the court

for good cause shown may grant a severance.
Okla. Stat. tit. 21, § 21-1201 — OK Code / Title 21 / Section 21-1201
Newspapers, false statements in
Status: in_force

Every editor or proprietor of any newspaper who willfully

publishes in such newspaper as true, any statement which he has not

good reason to believe to be true, with intent to increase thereby

the sales of copies of such paper, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1268.1 — OK Code / Title 21 / Section 21-1268.1
Definitions
Status: in_force

As used in this act:

1. "Biochemical assault" means the intentional delivery of any

substance or material to another person without lawful cause,

whether or not such substance or material is toxic, noxious or

lethal to humans, to:

a. cause intimidation, fear or anxiety and a reasonable

belief by the victim that death, disease, injury or

illness will occur as a result of contamination by

such substance or material and, based upon that

belief, an emergency response is necessary, or

b. poison, injure, harm or cause disease or illness to

any person;

Oklahoma Statutes - Title 21. Crimes and Punishments Page 562

2. "Biochemical terrorism" means an act of terrorism involving

any biological organism, pathogen, bacterium, virus, chemical or its

toxins, isomers, salts or compounds, or any combination of

organisms, viruses or chemicals that is capable of and intended to

cause death, disease, injury, illness or harm to any human or animal

upon contact or ingestion, or harm to any food supply, plant, water

supply, drink, medicine or other product used for or consumed by

humans or animals;

3. "Conduct" includes initiating, concluding, or participating

in initiating or concluding a transaction;

4. "Financial institution" includes:

a. any financial institution, as defined in Section

5312(a)(2) of Title 31 of the United States Code, or

the regulations promulgated thereunder, and

b. any foreign bank, as defined in Section 3101 of Title

12 of the United States Code;

5. "Financial transaction" means:

a. a transaction which in any way or degree affects

state, interstate or foreign commerce:

(1) involving the movement of funds by wire or other

means,

(2) involving one or more monetary instruments, or

(3) involving the transfer of title to any real

property, vehicle, vessel, or aircraft, or

b. a transaction involving the use of a financial

institution which is engaged in, or the activities of

which affect, state, interstate or foreign commerce in

any way or degree;

6. "Monetary instrument" means:

a. coin or currency of the United States or of any other

country, travelers' checks, personal checks, bank

checks, and money orders, or

b. investment securities or negotiable instruments, in

bearer form or otherwise in such form that title

thereto passes upon delivery;

7. "Proceeds" means all monies, negotiable instruments, and

securities received, used, or intended to be used to facilitate any

violation of the Oklahoma Antiterrorism Act;

8. "Terrorism" means one or more kidnappings or other act of

violence, or a series of acts of violence, resulting in damage to

property, personal injury or death, or the threat of such act or

acts that appears to be intended:

a. to intimidate or coerce a civilian population,

b. to influence the policy or conduct of a government by

intimidation or coercion, or

c. in retaliation for the policy or conduct of a

government by intimidation or coercion.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 563

Peaceful picketing or boycotts and other nonviolent action shall

not be considered terrorism;

9. "Terrorism hoax" means the willful conduct to simulate an

act of terrorism as a joke, hoax, prank or trick against a place,

population, business, agency or government by:

a. the intentional use of any substance to cause fear,

intimidation or anxiety and a reasonable belief by any

victim that such substance is used, placed, sent,

delivered or otherwise employed as an act of

biochemical terrorism requiring an emergency response

or the evacuation or quarantine of any person, place

or article, or

b. any act or threat of violence, sabotage, damage or

harm against a population, place or infrastructure

that causes fear, intimidation or anxiety and a

reasonable belief by any victim that such act or

threat is an act of terrorism to disrupt any place,

population, business, agency or government;

10. "Terrorist activity" means to plan, aid or abet an act of

terrorism or aid or abet any person who plans or commits an act of

terrorism; and

11. "Transaction" includes a purchase, sale, loan, pledge,

gift, transfer, delivery, or other disposition, and with respect to

a financial institution includes a deposit, withdrawal, transfer

between accounts, exchange of currency, loan, extension of credit,

purchase or sale of any stock, bond, certificate of deposit, or

other monetary instrument, use of a safe deposit box, or any other

payment, transfer, or delivery by, through, or to a financial

institution, by whatever means effected.
Okla. Stat. tit. 21, § 21-856.3 — OK Code / Title 21 / Section 21-856.3
See the following versions:
Status: in_force

OS 21-856.3v1 (SB 861, Laws 2025, c. 108, 1)

OS 21-856.3v2 (HB 2104, Laws 2025, c. 486, § 159)
Okla. Stat. tit. 21, § 21-26 — OK Code / Title 21 / Section 21-26
Contempts, criminal acts which are also punishable as
Status: in_force

A criminal act is not the less punishable as a crime because it

is also declared to be punishable as a contempt.
Okla. Stat. tit. 21, § 21-695 — OK Code / Title 21 / Section 21-695
Confidential or domestic relation may be considered
Status: in_force

Whenever the grade or punishment of homicide is made to depend

upon its having been committed under circumstances evincing a

depraved mind or unusual cruelty, or in a cruel manner, the jury may

take into consideration the fact that any domestic or confidential

relation existed between the accused and the person killed, in

determining the moral quality of the acts proved.
Okla. Stat. tit. 21, § 21-915 — OK Code / Title 21 / Section 21-915
Disturbing religious meeting
Status: in_force

Every person who willfully disturbs, interrupts or disquiets any

assemblage of people met for religious worship, by any of the acts

or things hereinafter enumerated, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1719.1 — OK Code / Title 21 / Section 21-1719.1
Larceny of certain fish and game
Status: in_force

A. For the purpose of this section:

1. "Domesticated fish or game" means all birds, mammals, fish

and other aquatic forms and all other animals, regardless of

classifications, whether resident, migratory or imported, protected

or unprotected, dead or alive, and shall extend to and include every

part of any individual species when such domesticated fish or game

are not in the wild and are in the possession of a person currently

licensed to possess such fish or game; and

2. "Taking" means the pursuing, killing, capturing, trapping,

snaring and netting of domesticated fish or game or placing,

setting, drawing or using any net, trap or other device for taking

domesticated fish or game and includes specifically every attempt to

take such domesticated fish or game.

B. Any domesticated fish or game shall be considered the

personal property of the owner.

C. Any person who shall take any domesticated fish or game,

with the intent to deprive the owner of said fish or game, and any

person purchasing or receiving such domesticated fish or game

knowing them to have been stolen, shall:

1. Upon conviction, if the current market value of said

domesticated fish or game is less than One Thousand Dollars

($1,000.00), be guilty of a misdemeanor and shall be punished by a

fine of not more than Five Hundred Dollars ($500.00) or by

Oklahoma Statutes - Title 21. Crimes and Punishments Page 788

imprisonment in the county jail for a term not to exceed sixty (60)

days, or by both such fine and imprisonment; or

2. Upon conviction, if the current market value of said

domesticated fish or game is One Thousand Dollars ($1,000.00) or

more, be guilty of a Class D1 felony offense and shall be punished

by a fine of not less than One Thousand Dollars ($1,000.00) nor more

than Five Thousand Dollars ($5,000.00), or by imprisonment as

provided for in subsections B through F of Section 20N of this

title, or by both such fine and imprisonment.
Okla. Stat. tit. 21, § 21-1023 — OK Code / Title 21 / Section 21-1023
Finding by magistrate that material is obscene or child
Status: in_force

sexual abuse materials — Issuance of factual and legal basis —

Delivery to district attorney.

The magistrate to whom any child sexual abuse material, or any

obscene material, is delivered pursuant to Section 1022 of this

title, shall, upon the examination of the accused, or if the

examination is delayed or prevented, without awaiting such

examination, determine the character of such child sexual abuse

material or obscene material, and if the magistrate finds it to be

obscene material or child sexual abuse material, the magistrate

shall cause the same to be delivered to the district attorney of the

county in which the accused is liable to indictment or trial. The

magistrate shall issue in writing the factual and legal basis for

the determination by the magistrate of the character of the child

sexual abuse material or obscene material.

R.L. 1910, § 2465. Amended by Laws 1996, c. 37, § 5, eff. Nov. 1,

1996; Laws 2000, c. 208, § 6, eff. Nov. 1, 2000; Laws 2024, c. 59, §

13, eff. Nov. 1, 2024.
Okla. Stat. tit. 21, § 21-1289.24a — OK Code / Title 21 / Section 21-1289.24a
Lawsuits against gun manufacturers
Status: reserved

1. The State Legislature declares that the lawful design,

marketing, manufacturing, or sale of firearms or ammunition to the

public is not unreasonably dangerous activity and does not

constitute a nuisance.

2. The authority to bring suit and right to recover against any

firearms or ammunition manufacturer, trade association, or dealer by

or on behalf of any governmental unit created by or pursuant to an

act of the Legislature or the Constitution, or any department,

agency, or authority thereof, for damages, abatement, or injunctive

relief resulting from or relating to the lawful design,

manufacturing, marketing, or sale of firearms or ammunition to the

public shall be reserved exclusively to the state. This paragraph

shall not prohibit a political subdivision or local government

authority from bringing an action against a firearms or ammunition

manufacturer or dealer for breach of contract or warranty as to

firearms or ammunition purchased by the political subdivision or

local government authority. This bill shall not be construed to

prohibit an individual from bringing a cause of action based upon an

existing recognized theory of law.
Okla. Stat. tit. 21, § 21-101 — OK Code / Title 21 / Section 21-101
Writing includes printing
Status: in_force

The term "writing" includes printing.
Okla. Stat. tit. 21, § 21-1776 — OK Code / Title 21 / Section 21-1776
Destroying dam
Status: in_force

Every person who maliciously destroys any dam or structure

erected to create hydraulic power, or any embankment necessary for

the support thereof, or maliciously makes, or causes to be made, any

aperture in such dam or embankment, with intent to destroy the same,

is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-843.4 — OK Code / Title 21 / Section 21-843.4
Exploitation of elderly or disabled adult
Status: in_force

A. As used in this section, “exploitation of an elderly person

or disabled adult” means:

1. Knowingly, by deception or intimidation, obtaining or using,

or endeavoring to obtain or use, an elderly person’s or disabled

adult’s funds, assets, or property with the intent to temporarily or

permanently deprive the elderly person or disabled adult of the use,

benefit, or possession of the funds, assets, or property, or to

benefit someone other than the elderly person or disabled adult, by

a person who:

a. stands in a position of trust and confidence with the

elderly person or disabled adult, or

b. has a business relationship with the elderly person or

disabled adult, or

2. Obtaining or using, endeavoring to obtain or use, or

conspiring with another to obtain or use an elderly person’s or

disabled adult’s funds, assets, or property with the intent to

temporarily or permanently deprive the elderly person or disabled

adult of the use, benefit, or possession of the funds, assets, or

property, or to benefit someone other than the elderly person or

disabled adult, by a person who knows or reasonably should know that

the elderly person or disabled adult lacks the capacity to consent.

B. 1. If the funds, assets, or property involved in the

exploitation of the elderly person or disabled adult are valued at

One Hundred Thousand Dollars ($100,000.00) or more, the violator

commits a Class C1 felony offense punishable by imprisonment as

provided for in subsections B through E of Section 20L of this

title, and by a fine in an amount not exceeding Ten Thousand Dollars

($10,000.00).

2. If the funds, assets, or property involved in the

exploitation of the elderly person or disabled adult are valued at

less than One Hundred Thousand Dollars ($100,000.00), the violator

commits a Class C2 felony offense punishable by imprisonment as

provided for in subsections B through F of Section 20M of this title

Oklahoma Statutes - Title 21. Crimes and Punishments Page 342

and by a fine in an amount not exceeding Ten Thousand Dollars

($10,000.00).

C. For purposes of this section, “elderly person” means any

person sixty-two (62) years of age or older.
Okla. Stat. tit. 21, § 21-1115v2 — OK Code / Title 21 / Section 21-1115v2
Punishment for rape in first degree
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 488

Rape in the first degree is a Class A2 felony offense punishable

by death or imprisonment in the custody of the Department of

Corrections, for a term of not less than five (5) years, life or

life without parole. 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. Any person convicted of a second or subsequent

violation of subsection A of Section 1114 of this title shall not be

eligible for any form of probation. Any person convicted of a third

or subsequent violation of subsection A of Section 1114 of this

title or of an offense under Section 888 of this title or an offense

under Section 1123 of this title or sexual abuse of a child pursuant

to Section 843.5 of this title, or any attempt to commit any of

these offenses or any combination of these offenses shall be

punished by imprisonment in the custody of the Department of

Corrections for life or life without parole.

R.L. 1910, § 2418. Amended by Laws 1965, c. 149, § 1; Laws 1997, c.

133, § 292, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, §

193, eff. July 1, 1999; Laws 2002, c. 460, § 10, eff. Nov. 1, 2002;
Okla. Stat. tit. 21, § 21-1870 — OK Code / Title 21 / Section 21-1870
Definitions
Status: in_force

As used in this act:

1. "Access device" means any telecommunication device including

the telephone calling card number, electronic serial number, account

number, mobile identification number, or personal identification

number that can be used to obtain telephone services;

2. "Clone cellular telephone" or "counterfeit cellular

telephone" means a cellular telephone whose electronic serial number

has been altered from the electronic serial number that was

programmed in the telephone by the manufacturer by someone other

than the manufacturer;

3. "Cloning paraphernalia" means materials that, when possessed

in combination, could be used to create a cloned cellular telephone.

These materials include scanners to intercept the electronic serial

number and mobile identification number, cellular telephones,

cables, EPROM chips, EPROM burners, software for programming the

cloned telephone with a false electronic serial number and mobile

identification number combination, a computer containing such

software, and lists of electronic serial number and mobile

identification number combinations;

4. "Electronic serial number" means the unique number that:

a. was programmed into a cellular telephone by its

manufacturer,

b. is transmitted by the cellular telephone, and

c. is used by cellular telephone providers to validate

radio transmissions to the system as having been made

by an authorized device;

5. "EPROM" or "Erasable programmable read-only memory" means an

integrated circuit memory that can be programmed from an external

source and erased, for reprogramming, by exposure to ultraviolet

light;

Oklahoma Statutes - Title 21. Crimes and Punishments Page 853

6. "Intercept" means to electronically capture, record, reveal,

or otherwise access the signals emitted or received during the

operation of a cellular telephone without the consent of the sender

or receiver, by means of any instrument, device or equipment;

7. "Manufacture of an unlawful telecommunication device" means

to produce or assemble an unlawful telecommunication device, or to

modify, alter, program, or reprogram a telecommunication device to

be capable of acquiring or facilitating the acquisition of

telecommunication service without the consent of the

telecommunication service provider;

8. "Mobile identification number" means the cellular telephone

number assigned to the cellular telephone by the cellular telephone

carrier;

9. "Possess" means to have a physical possession or otherwise

to exercise control over tangible property;

10. "Sell" means to offer to, agree to offer to, or to sell,

exchange, give, or dispose of an unlawful telecommunications device

to another;

11. "Telecommunication device" means:

a. any type of instrument, device, machine, or equipment

which is capable of transmitting or receiving

telephonic, electronic, or radio communications, or

b. any part of an instrument, device, machine, equipment,

or other computer circuit, computer chip, electronic

mechanism, or other component, which is capable of

facilitating the transmission or reception of

telephonic or electronic communications within the

radio spectrum allocated to cellular radio telephone;

12. "Telecommunication service" means any service provided for

a charge or compensation to facilitate the origination,

transmission, emission, or receipt of signs, signals, writings,

images, and sounds or intelligence of any nature by telephone,

including cellular telephones, wire, radio, television option or

other electromagnetic system;

13. "Telecommunication service provider" means any person or

entity providing telecommunication service including a cellular

telephone or paging company or other person or entity which, for a

fee, supplies the facility, cell site, mobile telephone switching

officer, or other equipment or telecommunication service; and

14. "Unlawful telecommunication device" means any

telecommunication device that is capable of, or has been altered,

modified, programmed, or reprogrammed, along or in conjunction with

another access device, so as to be capable of acquiring or

facilitating the acquisition of a telecommunication service without

the consent of the telecommunication service provider. Unlawful

devices include tumbler phones, counterfeit phones, tumbler

microchips, counterfeit microchips, and other instruments capable of

Oklahoma Statutes - Title 21. Crimes and Punishments Page 854

disguising their identity or location or of gaining access to a

communications system operated by a telecommunication service

provider.
Okla. Stat. tit. 21, § 21-539 — OK Code / Title 21 / Section 21-539
Resisting execution of process in time of insurrection
Status: in_force

Any person who, after proclamation issued by the Governor

declaring any county to be in a state of insurrection, resists or

aids in resisting the execution of process in the county declared to

be in a state of insurrection, or who aids or attempts the rescue or

escape of another from lawful custody or confinement, or who resists

or aids in resisting a force ordered out by the government to quell

or suppress an insurrection, shall be guilty of a Class B3 felony

offense punishable by imprisonment in the State Penitentiary for not

less than two (2) years.

R.L. 1910, § 2251. Amended by Laws 1997, c. 133, § 209, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 117, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-1283 — OK Code / Title 21 / Section 21-1283
Convicted felons and delinquents
Status: in_force

CONVICTED FELONS AND DELINQUENTS

A. Except as provided in subsection B of this section, it shall

be unlawful for any person convicted of any felony in any court of

Oklahoma Statutes - Title 21. Crimes and Punishments Page 587

this state or of another state or of the United States to have in

his or her possession or under his or her immediate control, or in

any vehicle which the person is operating, or at the residence where

the convicted person resides, any pistol, imitation or homemade

pistol, altered air or toy pistol, machine gun, sawed-off shotgun or

sawed-off rifle, or any other firearm. Any person who violates the

provisions of this subsection shall, upon conviction, be guilty of a

Class B4 felony offense.

B. Any person who has previously been convicted of a nonviolent

felony in any court of this state or of another state or of the

United States, and who has received a full and complete pardon from

the proper authority and has not been convicted of any other felony

offense which has not been pardoned, shall have restored the right

to possess any firearm or other weapon prohibited by subsection A of

this section, the right to apply for and carry a handgun, concealed

or unconcealed, pursuant to the provisions of the Oklahoma Self-

Defense Act or as otherwise permitted by law, and have the right to

perform the duties of a peace officer, gunsmith, and for firearms

repair.

C. It shall be unlawful for any person serving a term of

probation for any felony in any court of this state or of another

state or of the United States or under the jurisdiction of any

alternative court program to have in his or her possession or under

his or her immediate control, or at his or her residence, or in any

passenger vehicle which the person is operating, any pistol, shotgun

or rifle including any imitation or homemade pistol, altered air or

toy pistol, toy shotgun or toy rifle, while such person is subject

to supervision, probation, parole or inmate status. Any person who

violates the provisions of this subsection shall, upon conviction,

be guilty of a Class B4 felony offense.

D. It shall be unlawful for any person previously adjudicated

as a delinquent child or a youthful offender for the commission of

an offense, which would have constituted a felony offense if

committed by an adult, to have in the possession of the person or

under the immediate control of the person, or have in any vehicle

which he or she is driving, or at the residence of the person, any

pistol, imitation or homemade pistol, altered air or toy pistol,

machine gun, sawed-off shotgun or sawed-off rifle, or any other

dangerous or deadly firearm within ten (10) years after such

adjudication; provided, that nothing in this subsection shall be

construed to prohibit the placement of the person in a home with a

full-time duly appointed peace officer who is certified by the

Council on Law Enforcement Education and Training (CLEET) pursuant

to the provisions of Section 3311 of Title 70 of the Oklahoma

Statutes. Any person who violates the provisions of this subsection

shall, upon conviction, be guilty of a Class B4 felony offense.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 588

E. It shall be unlawful for any person who is an alien

illegally or unlawfully in the United States to have in the

possession of the person or under the immediate control of the

person, or in any vehicle the person is operating, or at the

residence where the person resides, any pistol, imitation or

homemade pistol, altered air or toy pistol, shotgun, rifle or any

other dangerous or deadly firearm; provided, that nothing in this

subsection applies to prohibit the transport or detention of the

person by law enforcement officers or federal immigration

authorities. Any person who violates the provisions of this

subsection shall, upon conviction, be guilty of a Class B4 felony

offense punishable by a fine of Two Hundred Fifty Dollars ($250.00).

F. Any person having been issued a handgun license pursuant to

the provisions of the Oklahoma Self-Defense Act and who knowingly or

intentionally allows a convicted felon or adjudicated delinquent or

a youthful offender as prohibited by the provisions of subsection A,

C, or D of this section to possess or have control of any firearm

authorized by the Oklahoma Self-Defense Act shall, upon conviction,

be guilty of a Class B4 felony offense punishable by a fine not to

exceed Five Thousand Dollars ($5,000.00). In addition, the person

shall have the handgun license revoked by the Oklahoma State Bureau

of Investigation after a hearing and determination that the person

has violated the provisions of this section.

G. Any convicted or adjudicated person violating the provisions

of this section shall, upon conviction, be guilty of a felony

punishable as provided in Section 1284 of this title.

H. For purposes of this section, "sawed-off shotgun" or "sawed-

off rifle" shall mean any shotgun or rifle which the barrel or

barrels have been illegally shortened in length.

I. For purposes of this section, "altered toy pistol" shall

mean any toy weapon which has been altered from its original

manufactured state to resemble a real weapon.

J. For purposes of this section, "altered air pistol" shall

mean any air pistol manufactured to propel projectiles by air

pressure which has been altered from its original manufactured

state.

K. For purposes of this section, "alternative court program"

shall mean any drug court, Anna McBride or mental health court, DUI

court or veterans court.
Okla. Stat. tit. 21, § 21-2200 — OK Code / Title 21 / Section 21-2200
Oklahoma Organized Retail Crime Task Force
Status: in_force

A. There is hereby re-created, to continue until June 1, 2026,

the Oklahoma Organized Retail Crime Task Force. The purpose of the

task force shall be to provide the Legislature and the Governor with

information on organized retail crime and the advantages and

drawbacks of instituting various countermeasures to counter losses

from retail theft in the state.

B. The task force shall consist of fifteen (15) members as

follows:

1. Three members, appointed by the Governor, one of whom shall

be an individual who represents state or local law enforcement;

2. Two members appointed by the President Pro Tempore of the

Oklahoma State Senate;

3. Two members appointed by the Speaker of the Oklahoma House

of Representatives;

4. One member appointed by the District Attorneys Council;

5. One member appointed by the Oklahoma Retail Merchants

Association;

6. One member appointed by the State Chamber;

7. One member appointed by the Oklahoma Sheriffs’ Association;

8. One member appointed by the Oklahoma Association of Chiefs

of Police;

9. One member appointed by the Attorney General;

10. One member from the Convenience Distributors of Oklahoma;

and

11. One member from the Oklahoma Grocers Association.

C. Quorum for official business of the task force shall be

eight members. A chairperson and a vice chairperson shall be

elected by a majority vote of the members of the task force.

D. Members who were serving on the task force as of December

31, 2024, shall automatically be on the Oklahoma Organized Retail

Crime Task Force. Appointed members shall, to the greatest extent

practicable, have by education or experience, knowledge of organized

retail theft. The chair shall hold the first meeting of the task

force no later than ninety (90) days after June 6, 2023. Any

vacancies in the membership of the task force shall be filled in the

same manner provided for in the initial appointment.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 880

E. The members of the task force shall receive no compensation

but shall receive travel reimbursement for necessary travel expenses

incurred in the performance of their duties in accordance with the

State Travel Reimbursement Act. The task force shall be staffed by

the Office of the Attorney General.

F. The task force may consult with any organization, government

entity, or person in the development of its report required pursuant

to the provisions of subsection G of this section.

G. On or before December 31, 2025, the task force shall

electronically submit to the Governor, the President Pro Tempore of

the Senate, the Speaker of the House of Representatives, and the

chairs of the House and Senate committees that oversee public

safety, a report containing, but not limited to, the following

information based on available data:

1. A review of laws and regulations on organized retail crime

used by other states, the federal government, and foreign countries

to regulate the marketplace;

2. The use of organized retail theft’s impact on state and

local tax receipts;

3. The need for interagency coordination of public education

and outreach and prevention programs for business owners; and

4. Legislative and regulatory recommendations, if any, to

increase transparency and security, enhance consumer protections,

prevent organized retail theft, and to address the long-term

economic impact related to the prevalence of organized retail crime.

H. The Office of the Attorney General may employ, either

directly or through memorandums of understanding or cross-

deputization agreements, persons to serve as Oklahoma Organized

Retail Crime Task Force officers whose primary responsibility shall

be to prevent, respond to, investigate, and prosecute criminal

violations related to organized retail crime.
Okla. Stat. tit. 21, § 21-262 — OK Code / Title 21 / Section 21-262
Act of officer de facto
Status: in_force

The last section shall not be construed to affect the validity

of acts done by a person exercising the functions of a public office

in fact, where other persons than himself are interested in

maintaining the validity of such acts.
Okla. Stat. tit. 21, § 21-1156 — OK Code / Title 21 / Section 21-1156
Remains after dissection
Status: in_force

In all cases in which a dissection has been made, the provisions

of this article requiring the burial of a dead body, and punishing

interference with or injuries to a dead body, apply equally to the

remains of the body dissected as soon as the lawful purposes of such

dissection have been accomplished.
Okla. Stat. tit. 21, § 21-592 — OK Code / Title 21 / Section 21-592
Definitions
Status: in_force

A. As used in this section:

1. "Agent" means any person who acts for another at the request

or with the knowledge of the other in dealing with third persons;

2. "Medical care provider" means any person licensed in

Oklahoma as a medical doctor, a chiropractor, a podiatrist, a

dentist, an osteopathic physician or an optometrist or a hospital;

and

3. "Runner", "capper", and "steerer" mean any person acting

within this state for compensation as an agent for a medical care

provider in the solicitation of a person to employ the medical care

provider to provide medical services.

B. No medical care provider shall, by means of an agent,

runner, capper, steerer, or other person who is not a medical care

provider, solicit or procure a person to employ the medical care

Oklahoma Statutes - Title 21. Crimes and Punishments Page 251

provider to provide medical services under the workers' compensation

laws of this state.

C. No medical care provider shall, directly or indirectly, pay

or promise to pay any person, other than another medical care

provider, any money, service, fee, commission, or other thing of

value in consideration for the employment of the medical care

provider to provide medical services under the workers' compensation

laws of this state.

D. No person shall act or agree to act as an agent, runner,

capper, or steerer for a medical care provider.

E. Subsections B and C of this section shall not prohibit

participation by a medical care provider in a voluntary medical care

provider referral program including, but not limited to, referral

programs operated by an association of medical care providers.

F. Any contract for employment of a medical care provider

secured in violation of this section shall be void and unenforceable

and no medical care provider shall provide medical services in

violation of this section.

G. Any person who violates the provisions of this section shall

be guilty of a misdemeanor and upon conviction shall be subject to a

fine of up to Two Thousand Five Hundred Dollars ($2,500.00) for each

offense, which shall not be subject to Section 101 of Title 85 of

the Oklahoma Statutes. Penalties imposed pursuant to this section

shall be in addition to any penalties which might be imposed by the

professional licensing organization for the medical care provider or

similar organization of another state or by a court when punishing

for contempt or when imposing sanctions against a medical care

provider or party.
Okla. Stat. tit. 21, § 21-1114 — OK Code / Title 21 / Section 21-1114
Rape or rape by instrumentation in first degree – Rape in
Status: in_force

second degree.

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.

R.L. 1910, § 2417. Amended by Laws 1981, c. 325, § 5; Laws 1983, c.

41, § 2, eff. Nov. 1, 1983; Laws 1986, c. 179, § 3, eff. Nov. 1,

1986; Laws 1990, c. 224, § 3, eff. Sept. 1, 1990; Laws 2008, c. 438,

§ 3, eff. July 1, 2008; Laws 2017, c. 164, § 1, eff. Nov. 1, 2017;
Okla. Stat. tit. 21, § 21-972 — OK Code / Title 21 / Section 21-972
Slot machines and punch boards declared gambling devices -
Status: in_force

Public nuisance - Abatement.

Every slot machine and every punch board as defined in this act,

is hereby declared to be per se a gambling device, and each is

hereby declared to be a public nuisance, and the same may be abated

in manner as provided for the abatement of a public nuisance under

Chapter 58, Oklahoma Statutes 1931.
Okla. Stat. tit. 21, § 21-1040.17 — OK Code / Title 21 / Section 21-1040.17
Answer
Status: in_force

A. On or before the return date specified in the order or rule

to show cause, the author, publisher, or any person interested in

sending or causing to be sent, bringing or causing to be brought,

into this state for sale or commercial distribution, or any person

in this state preparing, selling, exhibiting or commercially

distributing, or giving away or offering to give away, or possessing

with intent to sell or commercially distribute or exhibit or give

away or offer to give away, the matter may appear and file an

answer.

B. The court may, by order, permit any other person to appear

and file an answer as amicus curiae. A person granted permission

and appearing and filing an answer has all the rights of a party to

the proceeding.

C. If no person appears and files an answer on or before the

return date specified in the order or rule to show cause, the court

shall enter judgment either:

1. Adjudicating the matter not to be obscene material or child

sexual abuse material, if the court so finds; or

2. Adjudicating it to be obscene material or child sexual abuse

material, if the court so finds.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 441

D. Every person appearing and answering shall be entitled, upon

request, to a trial of the issues before the court not less than

three (3) days after a joinder of issue.
Okla. Stat. tit. 21, § 21-1290.18 — OK Code / Title 21 / Section 21-1290.18
Application form contents
Status: in_force

APPLICATION FORM CONTENTS

The application for a handgun license shall be completed upon

the sworn oath of the applicant as provided in paragraph 5 of

Section 1290.12 of this title. The application form shall be

provided by the Oklahoma State Bureau of Investigation and shall

contain the following information in addition to any other

information deemed relevant by the Bureau:

1. Applicant's full legal name;

2. Applicant's birth name, alias names or nicknames;

3. Applicant's maiden name, if applicable;

4. County of residence;

5. Length of residency at the current address;

6. Previous addresses for the preceding three (3) years;

7. Place of birth;

8. Date of birth;

Oklahoma Statutes - Title 21. Crimes and Punishments Page 646

9. Declaration of citizenship or alien or admission number for

a non-United-States citizen;

10. Race;

11. Weight;

12. Height;

13. Sex;

14. Color of eyes;

15. Current driver license number;

16. Military service number, if applicable;

17. Law enforcement identification numbers, if applicable;

18. Current occupation;

19. Authorized type or types of pistol for which the applicant

qualified as stated on the certificate of training or exemption of

training which shall be stated as either derringer, revolver,

semiautomatic pistol, or some combination of derringer, revolver and

semiautomatic pistol and the maximum ammunition capacity of the

firearm shall be .45 caliber;

20. An acknowledgment that the applicant desires a handgun

license as a means of lawful self-defense and self-protection and

for no other intent or purpose;

21. A statement that the applicant has never been convicted of

any felony offense in this state, another state or pursuant to any

federal offense;

22. A statement that the applicant has none of the conditions

which would preclude the issuing of a handgun license pursuant to

any of the provisions of Sections 1290.10 and 1290.11 of this title

and that the applicant further meets all of the eligibility criteria

required by Section 1290.9 of this title;

23. An authorization for the Oklahoma State Bureau of

Investigation to investigate the applicant and any or all records

relating to the applicant for purposes of approving or denying a

handgun license pursuant to the provisions of the Oklahoma Self-

Defense Act;

24. An acknowledgment that the applicant has reviewed the

Federal Bureau of Investigation Privacy Act Statement and the

Oklahoma Self-Defense Act and is knowledgeable about its provisions;

25. A statement that the applicant is the identical person who

completed the firearms training course for which the original

training certificate is submitted as part of the application or a

statement that the applicant is the identical person who is exempt

from firearms training for which the original exemption certificate

is submitted as part of the application, whichever is applicable to

the applicant;

26. A conspicuous warning that the application is executed upon

the sworn oath of the applicant and that any false or misleading

answer to any question or the submission of any false information or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 647

documentation by the applicant is punishable by criminal penalty as

provided in paragraph 5 of Section 1290.12 of this title;

27. A signed verification that the contents of the application

are known to the applicant and are true and correct;

28. Two separate places for the original signature of the

applicant;

29. A place for attachment of a passport-sized photograph of

the applicant; and

30. A place for the signature and verification of the identity

of the applicant by the sheriff or the sheriff's designee.

Information provided by the person on an application for a

handgun license shall be confidential except to law enforcement

officers or law enforcement agencies.
Okla. Stat. tit. 21, § 21-1521v2 — OK Code / Title 21 / Section 21-1521v2
Motor vehicle lease or rental - Payment by false, bogus
Status: in_force

or worthless check.

Every person who shall lease or rent, for any period of time

whatsoever, any motor vehicle and, with intent to cheat and defraud,

who pays the fees for such lease or rental by means of a false,

bogus or worthless check written for the sum of less than One

Thousand Dollars ($1,000.00) shall be guilty of a misdemeanor and

upon conviction thereof shall be punished by a fine not to exceed

Five Hundred Dollars ($500.00), or by imprisonment in the county

jail for not more than six (6) months, or both such fine and

imprisonment. If the value of the worthless check is One Thousand

Dollars ($1,000.00) or more, any person convicted hereunder shall be

deemed guilty of a Class D1 felony offense and shall be punished by

imprisonment as provided for in subsections B through F of Section

20N of this title, or by a fine not to exceed Five Hundred Dollars

($500.00), or both such fine and imprisonment.
Okla. Stat. tit. 21, § 21-843 — OK Code / Title 21 / Section 21-843
Renumbered as § 7115 of Title 10 by Laws 1995, c. 353, §
Status: in_force

20, eff. Nov. 1, 1995.
Okla. Stat. tit. 21, § 21-1572 — OK Code / Title 21 / Section 21-1572
Records, forgery of
Status: in_force

Every person who, with intent to defraud, falsely alters,

destroys, corrupts or falsifies:

1. Any record of any will, codicil, conveyance or other

instrument, the record of which is, by law, evidence; or,

2. Any record of any judgment in a court of record, or any

enrollment of any decree of a court of equity; or,

3. The return of any officer, court or tribunal to any process

of any court,

is guilty of forgery in the second degree, a Class D1 felony

offense.
Okla. Stat. tit. 21, § 21-703 — OK Code / Title 21 / Section 21-703
Premeditation
Status: in_force

A design to effect death sufficient to constitute murder may be

formed instantly before committing the act by which it is carried

into execution.
Okla. Stat. tit. 21, § 21-1289.19 — OK Code / Title 21 / Section 21-1289.19
Restricted bullet and body armor defined
Status: in_force

As used in Sections 1289.20 through 1289.22 of this title and

Section 2 of this act:

1. "Restricted bullet" means a round or elongated missile with

a core of less than sixty percent (60%) lead and having a

Oklahoma Statutes - Title 21. Crimes and Punishments Page 603

fluorocarbon coating, which is designed to travel at a high velocity

and is capable of penetrating body armor; and

2. "Body armor" means a vest or shirt of ten (10) plies or more

of bullet resistant material as defined by the Office of

Development, Testing and Dissemination, a division of the United

States Department of Justice.
Okla. Stat. tit. 21, § 21-885 — OK Code / Title 21 / Section 21-885
Incest
Status: in_force

Persons who, being within the degrees of consanguinity within

which marriages are by the laws of the state declared incestuous and

void, intermarry with each other, or commit adultery or fornication

with each other, shall be 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

subsection 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.

R.L. 1910, § 2443. Amended by Laws 1997, c. 133, § 262, eff. July

1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 166, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-1686 — OK Code / Title 21 / Section 21-1686
Abandoned animals – Euthanasia – Custody of animal
Status: in_force

following arrest.

A. Any person owning or having charge or custody of a maimed,

diseased, disabled, or infirm animal who abandons the animal or who

allows the animal to lie in a public street, road, or public place

one (1) hour after the person receives notice by a duly constituted

authority that the animal is disabled or dead, upon conviction,

shall be guilty of a misdemeanor.

B. Any peace officer or animal control officer may humanely

destroy or cause to be humanely destroyed any animal found abandoned

and for which no proper care has been given.

C. When any person who is arrested is, at the time of the

arrest, in charge of any animal or of any vehicle drawn by or

containing any animal, any peace officer, or animal control officer

may take custody of the animal or of the vehicle and its contents,

or deliver the animal or the vehicle and its contents into the

possession of the police or sheriff of the county or place where the

arrest was made, who shall assume the custody thereof. All

necessary expenses incurred in taking custody of the animal or of

the vehicle and its contents shall be a lien on such property.

D. For the purpose of the provisions of this section and

Section 1691 of this title, the term “abandon” means the voluntary

relinquishment of an animal and shall include but shall not be

limited to vacating a premises and leaving the animal in or at the

premises, or failing to feed the animal or allowing it to stray or

wander onto private or public property with the intention of

surrendering ownership or custody over the animal.

R.L. 1910, § 2747. Amended by Laws 1984, c. 104, § 1, operative

July 1, 1984; Laws 2006, c. 188, § 4, eff. Nov. 1, 2006.
Okla. Stat. tit. 21, § 21-1289.23 — OK Code / Title 21 / Section 21-1289.23
Concealed firearm for off-duty police officer
Status: in_force

CONCEALED FIREARM FOR OFF-DUTY POLICE OFFICER

A. Notwithstanding any provision of law to the contrary, a

full-time duly appointed peace officer who is certified by the

Council on Law Enforcement Education and Training (CLEET), pursuant

to the provisions of Section 3311 of Title 70 of the Oklahoma

Statutes, is hereby authorized to carry a weapon approved by the

employing agency anywhere in the state of Oklahoma, both while on

active duty and during periods when the officer is not on active

duty as provided by the provisions of subsection B of this section.

B. When a full-time duly appointed officer carries an approved

weapon, the officer shall be wearing the law enforcement uniform

prescribed by the employing agency or plainclothes. When not

wearing the prescribed law enforcement uniform, the officer shall be

required:

1. To have the official peace officers badge, Commission Card

and CLEET Certification Card on his or her person at all times when

carrying a weapon approved by the employing agency; and

2. To keep the approved weapon on his or her person at all

times, except when the weapon is used within the guidelines

established by the employing agency.

C. Nothing in this section shall be construed to alter or amend

the provisions of Section 1272.1 of this title or expand the duties,

authority or jurisdiction of any peace officer.

D. A reserve peace officer who has satisfactorily completed a

basic police course of not less than one hundred twenty (120) hours

of accredited instruction for reserve police officers and reserve

deputies from the Council on Law Enforcement Education and Training

or a course of study approved by CLEET may carry an approved weapon

when such officer is off duty as provided by subsection E of this

section, provided:

1. The officer has been granted written authorization signed by

the director of the employing agency; and

2. The employing agency shall maintain a current list of any

officers authorized to carry an approved weapon while the officers

are off duty, and shall provide a copy of such list to the Council

on Law Enforcement Education and Training. Any change to the list

shall be made in writing and mailed to the Council on Law

Enforcement Education and Training within five (5) days.

E. When an off-duty reserve peace officer carries an approved

weapon, the officer shall be wearing the law enforcement uniform

Oklahoma Statutes - Title 21. Crimes and Punishments Page 605

prescribed by the employing agency or when not wearing the

prescribed law enforcement uniform, the officer shall be required:

1. To have his or her official peace officer's badge,

Commission Card, CLEET Certification Card; and

2. To keep the approved weapon on his or her person at all

times, except when the weapon is used within the guidelines

established by the employing agency.

F. Nothing in subsection D of this section shall be construed

to alter or amend the provisions of Section 1750.2 of Title 59 of

the Oklahoma Statutes or expand the duties, jurisdiction or

authority of any reserve peace officer.

G. Nothing in this section shall be construed to limit or

restrict any peace officer or reserve peace officer from carrying a

handgun, concealed or unconcealed, as allowed by the Oklahoma Self-

Defense Act after issuance of a valid license. An off-duty, full-

time peace officer or reserve peace officer shall be deemed to have

elected to carry a handgun under the authority of the Oklahoma Self-

Defense Act when the officer:

1. Has been issued a valid handgun license and is carrying a

handgun not authorized by the employing agency; or

2. Is carrying a handgun in a manner or in a place not

specifically authorized for off-duty carry by the employing agency.

H. Any off-duty peace officer who carries any weapon in

violation of the provisions of this section shall be deemed to be in

violation of Section 1272 of this title and may be prosecuted as

provided by law for a violation of that section.

I. On or after November 1, 2004, a reserve or full-time

commissioned peace officer may apply to carry a weapon pursuant to

the Oklahoma Self-Defense Act as follows:

1. The officer shall apply in writing to the Council on Law

Enforcement Education and Training (CLEET) stating that the officer

desires to have a handgun license pursuant to the Oklahoma Self-

Defense Act and certifying that he or she has no preclusions to

having such handgun license. The officer shall submit with the

application:

a. an official letter from his or her employing agency

confirming the officer's employment and status as a

full-time commissioned peace officer or an active

reserve peace officer,

b. a fee of Twenty-five Dollars ($25.00) for the handgun

license, and

c. two passport-size photographs of the peace officer

applicant;

2. Upon receiving the required information, CLEET shall

determine whether the peace officer is in good standing, has CLEET

certification and training, and is otherwise eligible for a handgun

license. Upon verification of the officer's eligibility, CLEET

Oklahoma Statutes - Title 21. Crimes and Punishments Page 606

shall send the information to the Oklahoma State Bureau of

Investigation (OSBI) and OSBI shall issue a handgun license in the

same or similar form as other handgun licenses. All other

requirements in Section 1290.12 of this title concerning application

for a handgun license shall be waived for active duty peace officers

except as provided in this subsection including, but not limited to,

training, fingerprints and criminal history records checks unless

the officer does not have fingerprints on file or a criminal history

records background check conducted prior to employment as a peace

officer. The OSBI shall conduct a check of the National Instant

Criminal Background Check System (NICS) prior to the issuance of a

handgun license. The OSBI shall not be required to conduct any

further investigation into the eligibility of the peace officer

applicant and shall not deny a handgun license except when

preclusions are found to exist;

3. The term of the handgun license for an active duty reserve

or full-time commissioned peace officer pursuant to this section

shall be as provided in Section 1290.5 of this title, renewable in

the same manner provided in this subsection for an original

application by a peace officer. The handgun license shall be valid

when the peace officer is in possession of a valid driver license

and law enforcement commission card;

4. If the commission card of a law enforcement officer is

terminated, revoked or suspended, the handgun license shall be

immediately returned to CLEET. When a peace officer in possession

of a handgun license pursuant to this subsection changes employment,

the person must notify CLEET within ninety (90) days and send a new

letter verifying employment and status as a full-time commissioned

or reserve peace officer;

5. There shall be no refund of any fee for any unexpired term

of any handgun license that is suspended, revoked or voluntarily

returned to CLEET, or that is denied, suspended or revoked by the

OSBI;

6. CLEET may promulgate any rules, forms or procedures

necessary to implement the provisions of this section; and

7. Nothing in this subsection shall be construed to change or

amend the application process, eligibility, effective date or fees

of any handgun license pending issuance on November 1, 2004, or

previously issued to any peace officer prior to November 1, 2004.
Okla. Stat. tit. 21, § 21-311 — OK Code / Title 21 / Section 21-311
Witness refusing to testify before legislature or
Status: in_force

committee.

Every person who, being present before either house of the

Legislature or any committee thereof authorized to summon witnesses,

willfully refuses to be sworn or affirmed, or to answer any material

and proper question, or to produce upon reasonable notice any

material and proper books, papers, or documents in his possession or

under his control, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1053 — OK Code / Title 21 / Section 21-1053
Preparing or drawing lottery - Punishment
Status: in_force

Any person who contrives, prepares, sets up, proposes or draws

any lottery shall be guilty of a Class D3 felony offense punishable

by a fine equal to double the amount of the whole sum or value for

which such lottery was made and, if such amount cannot be

ascertained, then by imprisonment as provided for in subsections B

Oklahoma Statutes - Title 21. Crimes and Punishments Page 468

through F of Section 20P of this title, or by a fine of Two Thousand

Five Hundred Dollars ($2,500.00), or by both such fine and

imprisonment.

R.L. 1910, § 2472. Amended by Laws 1997, c. 133, § 282, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 185, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-1951 — OK Code / Title 21 / Section 21-1951
Short title
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 859

This act shall be known and may be cited as the "Oklahoma

Computer Crimes Act".
Okla. Stat. tit. 21, § 21-1976 — OK Code / Title 21 / Section 21-1976
Unlawful reproduction for sale of sound recording or
Status: in_force

audiovisual work - Exemptions - Penalties.

A. It shall be unlawful for any person to knowingly reproduce

for sale any sound recording produced without the written consent of

the owner of the original recording, provided, however, that this

section shall only apply to sound recordings initially fixed prior

to February 15, 1972, and shall not apply to motion pictures or

other audiovisual works.

B. A violation of this section involving less than one hundred

articles shall constitute a misdemeanor, and shall, upon conviction,

be punishable by a fine not to exceed Five Thousand Dollars

($5,000.00).

C. A violation of this section involving one hundred or more

articles shall constitute a Class D1 felony offense, and shall, upon

conviction, be punishable by a fine not to exceed Fifty Thousand

Dollars ($50,000.00), or by imprisonment as provided for in

subsections B through F of Section 20N of this title, or both such

fine and imprisonment.

D. A second or subsequent conviction for a violation of this

section shall constitute a Class D1 felony offense and shall, upon

conviction, be punishable by a fine not to exceed One Hundred

Thousand Dollars ($100,000.00), or by imprisonment as provided for

in subsections B through F of Section 20N of this title, or both

such fine and imprisonment.
Okla. Stat. tit. 21, § 21-1353 — OK Code / Title 21 / Section 21-1353
Unlawful intrusion upon lands
Status: in_force

Every person who intrudes or squats upon any lot or piece of

land within the bounds of any incorporated city or town without

license or authority from the owner thereof, or who erects or

occupies thereon any hut, hovel, shanty, or other structure whatever

without such license or authority; and every person who places,

erects or occupies within the bounds of any street or avenue of such

city or town, any hut, hovel, shanty or other structure whatever, is

guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-911 — OK Code / Title 21 / Section 21-911
Punishment for Sabbath-breaking
Status: in_force

Every person guilty of Sabbath-breaking is punishable by a fine

of not more than Twenty-five Dollars ($25.00) for each offense.
Okla. Stat. tit. 21, § 21-871 — OK Code / Title 21 / Section 21-871
Adultery defined - Who may institute prosecution
Status: in_force

Adultery is the unlawful voluntary sexual intercourse of a

married person with one of the opposite sex; and when the crime is

between persons, only one of whom is married, both are guilty of

adultery. Prosecution for adultery can be commenced and carried on

against either of the parties to the crime only by his or her own

husband or wife as the case may be, or by the husband or wife of the

other party to the crime: Provided, that any person may make

complaint when persons are living together in open and notorious

adultery.
Okla. Stat. tit. 21, § 21-589 — OK Code / Title 21 / Section 21-589
False reporting of crime - False reporting of missing
Status: in_force

child.

A. It shall be unlawful to willfully, knowingly and without

probable cause make a false report to any person of any crime or

circumstances indicating the possibility of crime having been

committed, including the unlawful taking of personal property, which

report causes or encourages the exercise of police action or

investigation. Any person convicted of violating the provisions of

this subsection shall be guilty of a misdemeanor punishable by

imprisonment in the county jail for not more than ninety (90) days

or by a fine of not more than Five Hundred Dollars ($500.00), or by

both such fine and imprisonment.

B. It shall be unlawful to willfully, knowingly, and without

probable cause communicate false information concerning a missing

child to a law enforcement agency that causes or encourages the

activation of an AMBER alert warning system. Any person convicted

of violating the provisions of this subsection shall be guilty of a

Class D3 felony offense punishable by imprisonment as provided for

in subsections B through F of Section 20P of this title, or by a

Oklahoma Statutes - Title 21. Crimes and Punishments Page 249

fine of not less than One Thousand Dollars ($1,000.00), or by both

such fine and imprisonment.
Okla. Stat. tit. 21, § 21-500 — OK Code / Title 21 / Section 21-500
Perjury as a felony
Status: in_force

Perjury is a Class D1 felony offense punishable by imprisonment

as provided for in subsections B through F of Section 20N of this

title.

R.L. 1910, § 2219. Amended by Laws 1931, p. 8, § 1. Renumbered

from § 499 of this title by Laws 1965, c. 126, § 6, emerg. eff. May

24, 1965. Amended by Laws 1997, c. 133, § 204, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-1082 — OK Code / Title 21 / Section 21-1082
Part of offense outside of state no defense
Status: in_force

It shall not be a defense to a prosecution for any of the acts

prohibited in the foregoing section that any part of such act or

acts shall have been committed outside this state.
Okla. Stat. tit. 21, § 21-551 — OK Code / Title 21 / Section 21-551
Barratry a misdemeanor
Status: in_force

Common barratry is a misdemeanor.
Okla. Stat. tit. 21, § 21-280 — OK Code / Title 21 / Section 21-280
Disturbance, interference or disruption of state business
Status: in_force

- Penalties.

A. It is unlawful for any person, alone or in concert with

others and without authorization, to willfully disturb, interfere or

disrupt state business or the business of any political subdivision,

which includes publicly posted meetings, or any agency operations or

any employee, agent, official or representative of the state or

political subdivision.

B. It is unlawful for any person who is without authority or

who is causing any disturbance, interference or disruption to

willfully refuse to disperse or leave any property, building or

structure owned, leased or occupied by state officials or any

political subdivision or its employees, agents or representatives or

used in any manner to conduct state business or any political

subdivision’s business or operations after proper notice by a peace

officer, sergeant-at-arms, or other security personnel.

C. Any violation of the provisions of this section shall be a

misdemeanor punishable by imprisonment in the county jail for a term

of not more than one (1) year, by a fine not exceeding One Thousand

Dollars ($1,000.00), or by both such fine and imprisonment.

D. For purposes of this section, “disturb, interfere or

disrupt” means any conduct that is violent, threatening, abusive,

obscene, or that jeopardizes the safety of self or others.
Okla. Stat. tit. 21, § 21-1835.8 — OK Code / Title 21 / Section 21-1835.8
Citations - Content - Payment
Status: in_force

A. Any local, county, or state law enforcement officer may

issue a citation to a person believed with probable cause to have

violated Section 4 of this act. The citation shall include the

following information:

1. The name, address, and hunting or fishing license, driver

license, or other recreational activity license number, if any, and

the date of birth of the alleged violator;

2. The name of the issuing law enforcement officer and the name

and address of the department;

3. The violations alleged to have been committed by the

defendant, with specific reference to the paragraphs of Section 4 of

this act involved and a brief description of the activities alleged

to be in violation;

4. The amount of the penalty or forfeiture payable under

Section 5 of this act, together with the costs that may be

applicable;

5. A date, time, and place for the defendant to appear in court

and notice to appear;

6. Provisions for a payment of the citation and stipulation by

the defendant in lieu of a court appearance;

7. Notice that if the defendant neither pays the citation nor

appears in court at the time fixed in the citation, the court may

issue a summons or an arrest warrant; and

8. Any other pertinent information.

B. If a person is cited, the person may pay the amount

specified in the citation any time, up to the date specified in the

citation for court appearance, by:

1. Mailing the amount and a copy of the citation to the court

clerk in the county where the offense occurred; or

2. Going to the court clerk in the county where the offense

occurred.

C. The citation shall serve as the initial pleading and,

notwithstanding any other provision of law, shall be deemed adequate

process to give the appropriate court jurisdiction over the

defendant upon filing of the citation with the court.
Okla. Stat. tit. 21, § 21-837 — OK Code / Title 21 / Section 21-837
Intimidating laborers
Status: in_force

Every person who, by use of force, threats or intimidation,

prevents or endeavors to prevent any hired foreman, journeyman,

apprentice, workman, laborer, servant or other person employed by

another, from continuing or performing his work, or from accepting

any new work or employment, or induces such hired person to

relinquish his work or employment, or to return any work he has in

hand, before it is finished, is guilty of a misdemeanor.

Every person who, by use of force, threats, or intimidation,

prevents or endeavors to prevent any farmer or rancher from

harvesting, handling, transporting or marketing any agricultural

products, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-843.3 — OK Code / Title 21 / Section 21-843.3
Abuse, sexual abuse, exploitation, or neglect of
Status: in_force

vulnerable adult.

A. Any person who engages in abuse, sexual abuse, or

exploitation of a vulnerable adult, as defined in Section 10-103 of

Title 43A of the Oklahoma Statutes, shall be guilty of a Class B4

felony offense. The person, upon conviction, shall be fined not

more than Ten Thousand Dollars ($10,000.00) or be imprisoned in the

custody of the Department of Corrections for a term of not more than

two (2) years, or both such fine and imprisonment.

B. Any person who has a responsibility to care for a vulnerable

adult as defined by Section 10-103 of Title 43A of the Oklahoma

Statutes who purposely, knowingly or recklessly neglects the

vulnerable adult shall be guilty of a Class D1 felony offense. The

Oklahoma Statutes - Title 21. Crimes and Punishments Page 341

person, upon conviction, shall be fined not more than Ten Thousand

Dollars ($10,000.00), or be imprisoned as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, or both such fine and imprisonment.

C. In addition the court shall consider any provision of the

Elderly and Incapacitated Victim’s Protection Act when the victim is

an elderly or incapacitated person as defined by Section 991a-15 of

Title 22 of the Oklahoma Statutes.
Okla. Stat. tit. 21, § 21-681 — OK Code / Title 21 / Section 21-681
Assaults with intent to commit felony
Status: in_force

A. Any person who is guilty of an assault with intent to commit

any felony, except an assault with intent to kill, the punishment

for which assault is not otherwise prescribed in this code, shall be

guilty of a Class B5 felony offense punishable by imprisonment in

the custody of the Department of Corrections not exceeding five (5)

years, or in a county jail not exceeding one (1) year, or by a fine

not exceeding Five Hundred Dollars ($500.00), or by both such fine

and imprisonment.

B. 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 subsection A of this section and the offense involved

sexual assault, 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.

R.L. 1910, § 2338. Amended by Laws 1997, c. 133, § 232, eff. July

1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 136, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-1718 — OK Code / Title 21 / Section 21-1718
Larceny of dogs
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 787

The taking of personal property of the kind defined in Section

1717 of this title, accomplished by fraud or stealth, and with the

intent to deprive another thereof, is hereby defined as larceny and

punishable in the same manner and to the same degree as in larceny

of other descriptions of personal property.
Okla. Stat. tit. 21, § 21-833 — OK Code / Title 21 / Section 21-833
Unlawful confinement of intellectually or developmentally
Status: in_force

disabled persons.

Every overseer of the poor, constable, keeper of a jail, or

other person who confines a person who is impaired by reason of

intellectual or developmental disability, as defined by Section

1430.2 of Title 10 of the Oklahoma Statutes, mentally ill person,

insane person or other person of unsound mind, in any other manner

or in any other place than is authorized by law, is guilty of a

misdemeanor.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 333

R.L. 1910, § 2392. Amended by Laws 1998, c. 246, § 13, eff. Nov. 1,

1998; Laws 2019, c. 475, § 19, eff. Nov. 1, 2019.
Okla. Stat. tit. 21, § 21-1272 — OK Code / Title 21 / Section 21-1272
Unlawful carry
Status: repealed

UNLAWFUL CARRY

A. Notwithstanding any other provision of law, it shall be

unlawful for any person to carry upon or about his or her person, or

in a purse or other container belonging to the person, any pistol,

revolver, shotgun or rifle whether loaded or unloaded or any

blackjack, loaded cane, hand chain, metal knuckles, or any other

offensive weapon, whether such weapon be concealed or unconcealed,

except this section shall not prohibit:

1. The proper use of guns and knives for self-defense, hunting,

fishing, educational or recreational purposes;

2. The carrying or use of weapons in a manner otherwise

permitted by statute or authorized by the Oklahoma Self-Defense Act;

3. The carrying, possession and use of any weapon by a peace

officer or other person authorized by law to carry a weapon in the

performance of official duties and in compliance with the rules of

the employing agency;

4. The carrying or use of weapons in a courthouse by a district

judge, associate district judge or special district judge within

this state, who is in possession of a valid handgun license issued

pursuant to the provisions of the Oklahoma Self-Defense Act and

whose name appears on a list maintained by the Administrative

Director of the Courts;

5. The carrying and use of firearms and other weapons provided

in this subsection when used for the purpose of living history

reenactment. For purposes of this paragraph, "living history

reenactment" means depiction of historical characters, scenes,

historical life or events for entertainment, education, or

historical documentation through the wearing or use of period,

historical, antique or vintage clothing, accessories, firearms,

weapons, and other implements of the historical period; or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 568

6. The transporting by vehicle on a public roadway or the

carrying of a firearm, concealed or unconcealed, loaded or unloaded,

by a person who is twenty-one (21) years of age or older or by a

person who is eighteen (18) years of age but not yet twenty-one (21)

years of age and the person is a member or veteran of the United

States Armed Forces, Reserves or National Guard or was discharged

under honorable conditions from the United States Armed Forces,

Reserves or National Guard, and the person is otherwise not

disqualified from the possession or purchase of a firearm under

state or federal law and is not carrying the firearm in furtherance

of a crime.

Except as provided in subsection B of Section 1283 of this

title, a person who has been convicted of any one of the following

offenses in this state or a violation of the equivalent law of

another state:

a. assault and battery pursuant to the provisions of

Section 644 of this title which caused serious

physical injury to the victim,

b. aggravated assault and battery pursuant to the

provisions of Section 646 of this title,

c. assault and battery that qualifies as domestic abuse

as defined in Section 644 of this title,

d. stalking pursuant to the provisions of Section 1173 of

this title,

e. a violation of an order issued under the Protection

from Domestic Abuse Act or a domestic abuse protection

order issued by another state, or

f. a violation relating to illegal drug use or possession

under the provisions of the Uniform Controlled

Dangerous Substances Act,

shall be prohibited from carrying a firearm under the provisions of

this paragraph. Any person who carries a firearm in the manner

provided for in this paragraph shall be prohibited from carrying the

firearm into any of the places prohibited in subsection A of Section

1277 of this title or any other place currently prohibited by law.

Nothing in this section shall modify or otherwise change where a

person may legally carry a firearm.

B. Any person convicted of violating the foregoing provision

shall be guilty of a misdemeanor punishable as provided in Section

1276 of this title.

R.L. 1910, § 2546. Amended by Laws 1957, p. 163, § 1; Laws 1969, c.

311, § 1, emerg. eff. April 28, 1969; Laws 1993, c. 309, § 1, emerg.

eff. June 7, 1993; Laws 1995, c. 272, § 26, eff. Sept. 1, 1995; Laws

1996, c. 191, § 2, emerg. eff. May 16, 1996; Laws 2003, c. 465, § 1,

eff. July 1, 2003; Laws 2007, c. 128, § 1, eff. Nov. 1, 2007; Laws

2012, c. 259, § 1, eff. Nov. 1, 2012; Laws 2013, c. 102, § 1, eff.

Nov. 1, 2013; Laws 2015, c. 197, § 1, eff. Nov. 1, 2015; Laws 2016,

Oklahoma Statutes - Title 21. Crimes and Punishments Page 569

c. 217, § 1, eff. Nov. 1, 2016; Laws 2018, c. 68, § 1, eff. Nov. 1,

2018; Laws 2019, c. 1, § 1, eff. Nov. 1, 2019; Laws 2021, c. 292, §

1, eff. Nov. 1, 2021.

NOTE: Laws 1993, c. 264, § 1 repealed by Laws 1994, c. 2, § 34,

emerg. eff. March 2, 1994.
Okla. Stat. tit. 21, § 21-1168.7 — OK Code / Title 21 / Section 21-1168.7
Federal and state agencies encountering burial grounds,
Status: in_force

human skeletal remains or burial furniture - Reports - Disposition.

A. Any federal or state department or agency which, in the

performance of its duties, discovers a burial ground, human skeletal

remains or burial furniture shall immediately cease any activity

which may cause further disturbance of the site and shall report the

presence and location of any skeletal remains to an appropriate law

enforcement officer as required by Section 1168 et seq. of Title 21

of the Oklahoma Statutes and shall comply with all other provisions

of said sections.

B. If it is determined that the burial ground, human skeletal

remains or burial furniture is not directly related to a tribal

group, the State Historic Preservation Officer shall work with the

director of the federal or state department or agency until

disposition of the burial ground, human skeletal remains or burial

Oklahoma Statutes - Title 21. Crimes and Punishments Page 516

furniture has been completed to the satisfaction of the State

Historic Preservation Officer.
Okla. Stat. tit. 21, § 21-1716 — OK Code / Title 21 / Section 21-1716
Theft of domestic animals or implements of husbandry
Status: in_force

A. Any person in this state who shall steal any horse, jackass,

jennet, mule, cow, hog or implement of husbandry as defined in

Section 1-125 of Title 47 of the Oklahoma Statutes shall, upon

conviction, be guilty of a Class C2 felony offense punishable by

Oklahoma Statutes - Title 21. Crimes and Punishments Page 786

imprisonment in the custody of the Department of Corrections for a

term of not less than three (3) years nor more than ten (10) years,

or by a fine in an amount that is equal to three times the value of

animals and machinery that were stolen but not more than Five

Hundred Thousand Dollars ($500,000.00), or by both such fine and

imprisonment. Each head of cattle stolen may constitute a separate

offense and may be punishable as a separate violation.

B. Any person in this state who shall steal any dog, sheep or

goat shall, upon conviction, be guilty of a Class D3 felony offense

punishable by imprisonment as provided for in subsections B through

F of Section 20P of this title, or by a fine in an amount that is

equal to three times the value of the animals that were stolen but

not more than Five Hundred Thousand Dollars ($500,000.00), or by

both such fine and imprisonment.

C. The word "horse" as used in this section includes all

animals of the equine species, and the word "cow" includes all

animals of the bovine species.

D. Persons convicted of violating the provisions of subsection

A of this section shall be registered by the Oklahoma Department of

Agriculture, Food, and Forestry in the Livestock Offender Registry

created in Section 2-16.1 of Title 2 of the Oklahoma Statutes.

E. The county in which the offender is convicted shall submit a

certified copy of the judgment and sentence confirming the

conviction for entry in the Livestock Offender Registry to the

Oklahoma Department of Agriculture, Food, and Forestry or, if

designated by the Department, to a statewide livestock organization.

In lieu of sending a paper copy of the judgment and sentence

required by this subsection, the county may transmit the conviction

information by using an electronic method authorized by the Oklahoma

Department of Agriculture, Food, and Forestry.

R.L. 1910, § 2667. Amended by Laws 1910-11, c. 92, p. 202, § 1;
Okla. Stat. tit. 21, § 21-1320.9 — OK Code / Title 21 / Section 21-1320.9
Act as cumulative
Status: in_force

This act shall not supersede any other act or acts, but shall be

cumulative thereto.
Okla. Stat. tit. 21, § 21-1837 — OK Code / Title 21 / Section 21-1837
Hard or solid substances in grain - Inflammable or
Status: in_force

explosive substances in cotton.

Any person who shall designedly place any hard or solid

substance or article in any stack, shock, sheaf or load of

unthreshed grain, or in any bin, bag, sack or load of unthreshed

grain, or seed, or shall designedly place any matches or other

inflammable, combustible or explosive substance in any unginned

cotton with the intent to injure or destroy any such grain, seed, or

cotton, or any machinery which may be used for threshing or grinding

such grain or seed or ginning such cotton, shall be deemed guilty of

a Class D1 felony offense, and upon conviction shall be punished by

confinement as provided for in subsections B through F of Section

20N of this title.
Okla. Stat. tit. 21, § 21-1692.1 — OK Code / Title 21 / Section 21-1692.1
Definitions
Status: in_force

As used in this act:

A. “Cockfight” or “cockfighting” is a fight between birds,

whether or not fitted with spurs, knives, or gaffs, and whether or

not bets or wagers are made on the outcome of the fight, and

includes any training fight in which birds are intended or

encouraged to attack or fight with one another.

B. “Equipment used for training or handling a fighting bird”

includes knives or gaffs, cages, pens, feeding apparatuses, training

pens and other related devices and equipment, and is hereby declared

contraband and subject to seizure.

Added by State Question No. 687, Initiative Petition No. 365,

Provision No. 1, adopted at General Election held on November 5,

2002.
Okla. Stat. tit. 21, § 21-651 — OK Code / Title 21 / Section 21-651
Poison, attempt to kill by administering
Status: in_force

Any person who, with intent to kill, administers or causes or

procures to be administered to another any poison which is actually

taken by such other person but by which death is not caused shall be

guilty of a Class A1 felony offense, punishable by imprisonment in

the State Penitentiary for not less than ten (10) years.

R.L. 1910, § 2335. Amended by Laws 1997, c. 133, § 228, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 132, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-344 — OK Code / Title 21 / Section 21-344
Interest in property or contract transactions by officers
Status: in_force

— Penalties.

A. Except as otherwise provided in this section, every public

officer, being authorized to sell or lease any property, or make,

approve, negotiate, or authorize any contract in his or her official

capacity, who voluntarily becomes interested individually in such

sale, lease or contract, directly or indirectly, shall, upon

conviction, be guilty of a felony and shall be prohibited from

holding any public office in this state. Violation of this section

shall be grounds for removal from office or termination from state

employment.

B. The provisions of this section shall not apply to:

1. Municipal officers who are subject to the provisions of

Section 8-113 of Title 11 of the Oklahoma Statutes; and

2. Conservation district board members participating in

programs authorized by Section 3-2-106 of Title 27A of the Oklahoma

Statutes.
Okla. Stat. tit. 21, § 21-705 — OK Code / Title 21 / Section 21-705
Act imminently dangerous and evincing depraved mind
Status: in_force

Homicide perpetrated by an act imminently dangerous to others

and evincing a depraved mind, regardless of human life, is not the

less murder because there was no actual intent to injure others.
Okla. Stat. tit. 21, § 21-28 — OK Code / Title 21 / Section 21-28
Aiding in a misdemeanor
Status: in_force

Whenever an act is declared a misdemeanor, and no punishment for

counseling or aiding in the commission of such act is expressly

prescribed by law, every person who counsels or aids another in the

commission of such act, is guilty of a misdemeanor, and punishable

in the same manner as the principal offender.
Okla. Stat. tit. 21, § 21-302 — OK Code / Title 21 / Section 21-302
Disturbing legislative proceedings - Penalty
Status: in_force

Any person who alone or in concert with others wilfully

disturbs, disrupts or interferes with any session, meeting or

proceeding of either house of the State Legislature or any committee

of either house of the State Legislature, whether within or outside

the presence of either house of the State Legislature or any

committee, by:

1. Engaging in violent, tumultuous or threatening behavior;

2. Using abusive or obscene language or making an obscene

gesture;

3. Making unreasonable noise; or

4. Congregating with other persons and refusing to comply with

a lawful order of the police or security officer to disperse;

shall be guilty of a misdemeanor.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 187
Okla. Stat. tit. 21, § 21-94 — OK Code / Title 21 / Section 21-94
Corruptly
Status: in_force

The term "corruptly" when so employed, imports a wrongful design

to acquire some pecuniary or other advantage to the person guilty of

the act or omission referred to.
Okla. Stat. tit. 21, § 21-1266.10 — OK Code / Title 21 / Section 21-1266.10
Partial invalidity
Status: in_force

If any section or any part whatever of this act, or the

application thereof to any person or circumstances, should be held

for any reason to be invalid, such invalidity shall not affect or

invalidate any portion of the remainder of this act, and it is

hereby declared that such remaining portions would have been enacted

in any event.
Okla. Stat. tit. 21, § 21-1362 — OK Code / Title 21 / Section 21-1362
Disturbance by loud or unusual noise or abusive, violent,
Status: in_force

obscene, profane or threatening language.

If any person shall willfully or maliciously disturb, either by

day or night, the peace and quiet of any city of the first class,

town, village, neighborhood, family or person by loud or unusual

Oklahoma Statutes - Title 21. Crimes and Punishments Page 675

noise, or by abusive, violent, obscene or profane language, whether

addressed to the party so disturbed or some other person, or by

threatening to kill, do bodily harm or injury, destroy property,

fight, or by quarreling or challenging to fight, or fighting, or

shooting off any firearms, or brandishing the same, or by running

any horse at unusual speed along any street, alley, highway or

public road, he shall be deemed guilty of a misdemeanor, and, on

conviction thereof, shall be fined in any sum not to exceed One

Hundred Dollars ($100.00), or by imprisonment in the county jail not

to exceed thirty (30) days, or by both such fine and imprisonment,

at the discretion of the court or jury trying the same.
Okla. Stat. tit. 21, § 21-571 — OK Code / Title 21 / Section 21-571
Disclosure of deposition
Status: in_force

Every magistrate, or clerk of any magistrate, who willfully

permits any deposition taken on an information or examination of a

defendant before such magistrate, and remaining in the custody of

such magistrate or clerk to be inspected by any person except a

judge of a court having jurisdiction of the offense, the Attorney

General, the district attorney and his assistants, and the defendant

and his counsel, is guilty of a misdemeanor.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 245
Okla. Stat. tit. 21, § 21-961 — OK Code / Title 21 / Section 21-961
Testimony, no person excused from giving
Status: in_force

No person shall be excused from giving any testimony or evidence

upon any investigation or prosecution for violation of this article,

upon the ground that such testimony would tend to convict him of a

crime, but such testimony or evidence shall not be received against

him upon any criminal investigation or prosecution, except in a

prosecution against him for perjury committed in giving such

testimony.
Okla. Stat. tit. 21, § 21-399 — OK Code / Title 21 / Section 21-399
Athletic contests - Bribery of participants, officials,
Status: in_force

etc.

Whoever corruptly gives, offers or promises any gift, gratuity

or thing of value to any player, participant, coach, referee,

umpire, official or any other person having authority in connection

with the conducting of any amateur or professional athletic contest

Oklahoma Statutes - Title 21. Crimes and Punishments Page 208

with the intent to influence the action, conduct, judgment, or

decision of any such person in, or in connection with, such contest,

or as a consideration for such person acting, playing or performing

his functions in any such contest, in any manner calculated to

affect the result thereof, or in consideration of such person

failing to participate or engage in such contest, shall be deemed

guilty of bribery, and upon conviction shall be guilty of a Class D1

felony offense punishable by imprisonment as provided for in

subsections B through F of Section 20N of this title, or by a fine

of not to exceed Three Thousand Dollars ($3,000.00) and imprisonment

in the county jail for not to exceed one (1) year.
Okla. Stat. tit. 21, § 21-649.1 — OK Code / Title 21 / Section 21-649.1
Striking, tormenting, and other mistreatment of a police
Status: in_force

dog or horse - Penalties - Restitution.

A. No person shall willfully strike, torment, administer a

nonpoisonous desensitizing substance to, or otherwise mistreat a

police dog or police horse owned, or the service of which is

employed, by a law enforcement agency of the state or a political

subdivision of the state.

B. No person shall willfully interfere with the lawful

performance of any police dog or police horse.

C. Except as provided in subsection D of this section, any

person convicted of violating any of the provisions of this section

shall be guilty of a Class B6 felony offense, punishable by the

imposition of a fine not exceeding Five Hundred Dollars ($500.00),

or by imprisonment in the county jail not exceeding one (1) year, or

by both such fine and imprisonment. In addition, the person shall

be ordered to pay restitution, which shall be paid to the law

enforcement agency or political subdivision of the state which

employed the service of the police dog or horse.

D. Any person who knowingly and willfully and without lawful

cause or justification violates the provisions of this section,

during the commission of a misdemeanor or felony, shall be guilty of

a Class B5 felony offense, punishable by the imposition of a fine

not exceeding One Thousand Dollars ($1,000.00), or by imprisonment

in the custody of the Department of Corrections not exceeding two

(2) years, or by both such fine and imprisonment. In addition, the

person shall be ordered to pay restitution, which shall be paid to

the law enforcement agency or political subdivision of the state

which employed the service of the police dog or horse.
Okla. Stat. tit. 21, § 21-1289.27 — OK Code / Title 21 / Section 21-1289.27
Prohibiting firearm inquiry by employer
Status: in_force

PROHIBITING FIREARM INQUIRY BY EMPLOYER

A. It shall be unlawful for any private employer doing business

in this state to ask any applicant for employment information about

whether the applicant owns or possesses a firearm. Any private

employer who violates the provisions of this section shall, upon

conviction, be guilty of a misdemeanor punishable by a fine of not

more than One Thousand Dollars ($1,000.00).

B. All public employers and public officials within this state

shall be prohibited from asking any applicant for employment

information about whether the applicant owns or possesses a firearm.

Any public employer or public official who violates the provisions

of this subsection shall be deemed to be acting outside the scope of

their employment and shall be barred from seeking statutory immunity

from any exemption or provision of The Governmental Tort Claims Act.

C. As used in this section:

1. “Private employer” means any individual, partnership, firm,

association, corporation or nonprofit organization that employs or

offers to employ one or more persons in this state;

2. “Public employer” means the State of Oklahoma or any

political subdivision thereof, including any department, agency,

board, commission, institution, authority, public trust,

municipality, county, district or instrumentalities thereof; and

3. “Public official” means any elected or appointed official in

the executive, legislative or judicial branch of a political

subdivision of the state.
Okla. Stat. tit. 21, § 21-425v1 — OK Code / Title 21 / Section 21-425v1
Engaging or conspiring to engage in pattern of criminal
Status: in_force

offenses.

A. Any person who engages in a pattern of criminal offenses in

two or more counties or municipalities in this state or who attempts

or conspires with others to engage in a pattern of criminal offenses

shall, upon conviction, be punished by imprisonment in the

Department of Corrections for a term not exceeding two (2) years, or

imprisonment in the county jail for a term not exceeding one (1)

year, or by a fine of not more than Twenty-five Thousand Dollars

($25,000.00), or by both such fine and imprisonment. Such

punishment shall be in addition to any penalty imposed for any

offense involved in the pattern of criminal offenses. Double

jeopardy shall attach upon conviction.

B. For purposes of this section and Section 125.1 of Title 22

of the Oklahoma Statutes, “pattern of criminal offenses” means:

1. Two or more criminal offenses are committed that are part of

the same plan, scheme, or adventure;

2. A sequence of two or more of the same criminal offenses are

committed and are not separated by an interval of more than thirty

(30) days between the first and second offense, the second and

third, and so on; or

3. Two or more criminal offenses are committed, each proceeding

from or having as an antecedent element a single prior incident or

pattern of fraud, robbery, burglary, theft, identity theft, receipt

of stolen property, false personation, false pretenses, obtaining

property by trick or deception, taking a credit or debit card

without consent, or the making, transferring, or receiving of a

false or fraudulent identification card.

C. Jurisdiction and venue for a pattern of criminal offenses

occurring in multiple counties in this state shall be determined as

provided in Section 125.1 of Title 22 of the Oklahoma Statutes.
Okla. Stat. tit. 21, § 21-1021.2 — OK Code / Title 21 / Section 21-1021.2
See the following versions:
Status: in_force

OS 21-1021.2v1 (HB 3936, Laws 2024, c. 59, 9)

OS 21-1021.2v2 (HB 2104, Laws 2025, c. 486, § 49)
Okla. Stat. tit. 21, § 21-843.2 — OK Code / Title 21 / Section 21-843.2
Verbal abuse of charge
Status: in_force

A. No caretaker shall verbally abuse any person entrusted to

the care of the caretaker, or knowingly cause, secure, or permit an

act of verbal abuse to be done. Any person convicted of violating

the provisions of this section shall be guilty of a misdemeanor.

The violator, upon conviction, shall be punished by imprisonment in

the county jail for a term not to exceed one (1) year, or by a fine

not exceeding One Thousand Dollars ($1,000.00), or by both such fine

and imprisonment.

B. For the purpose of this section, “verbal abuse” means the

repeated use of words, sounds, or other forms of communication by a

caretaker, including but not limited to, language, gestures, actions

or behaviors, that are calculated to humiliate or intimidate or

cause fear, embarrassment, shame, or degradation to the person

entrusted to the care of the caretaker.
Okla. Stat. tit. 21, § 21-1158a — OK Code / Title 21 / Section 21-1158a
Court authority to award the right of disposition of
Status: in_force

body of decedent.

The district court for the county where the decedent resided may

award the right of disposition to the person determined by the court

to be the most fit and appropriate to carry out the right of

disposition, and may make decisions regarding the remains of the

decedent if those sharing the right of disposition cannot agree.

The following provisions shall apply to the determination of the

court under this section:

1. If the persons holding the right of disposition are two or

more persons with the same relationship to the decedent and cannot,

by majority vote, make a decision regarding the disposition of the

remains of the decedent, any of the persons or a funeral director

with custody of the remains may file a petition asking the district

court to make a determination in the matter;

2. In making a determination under this section, the district

court shall consider the following:

a. the reasonableness and practicality of the proposed

funeral arrangements and disposition,

b. the degree of the personal relationship between the

decedent and each person claiming the right of

disposition,

c. the desires of the person or persons who are ready,

willing and able to pay the cost of the funeral

arrangements and disposition,

d. the convenience and needs of other families and

friends wishing to pay respects,

e. the desires of the decedent, and

f. the degree to which the funeral arrangements would

allow maximum participation by all wishing to pay

respect;

Oklahoma Statutes - Title 21. Crimes and Punishments Page 507

3. In the event of a dispute regarding the right of

disposition, a funeral director shall not be liable for refusing to

accept the remains or to inter or otherwise dispose of the remains

of the decedent or complete the arrangements for the final

disposition of the remains until the funeral director receives a

court order or other written agreement signed by the parties in the

disagreement that decides the final disposition of the remains. If

the funeral director retains the remains for final disposition while

the parties are in disagreement, the funeral director may embalm,

refrigerate, or shelter the body in order to preserve it while

awaiting the final decision of the district court and may add the

cost of embalming, refrigeration or sheltering to the final

disposition costs. If a funeral director brings an action under

this section, the funeral director may add the legal fees and court

costs associated with a petition under this section to the cost of

final disposition. This section shall not be construed to require

or to impose a duty on a funeral director to bring an action under

this section. A funeral director shall not be held criminally or

civilly liable for choosing not to bring an action under this

section; and

4. Except to the degree it may be considered by the district

court under subparagraph c of paragraph 2 of this section, the fact

that a person has paid or agreed to pay for all or part of the

funeral arrangements and final disposition does not give that person

a greater right to the right of disposition than the person would

otherwise have. The personal representative of the estate of the

decedent does not, by virtue of being the personal representative,

have a greater claim to the right of disposition than the person

would otherwise have.
Okla. Stat. tit. 21, § 21-438 — OK Code / Title 21 / Section 21-438
Carrying into prison things to aid escape
Status: in_force

Any person who carries or sends into any prison anything useful

to aid any prisoner in making his escape, with intent thereby to

facilitate the escape of any prisoner confined therein, is

punishable as follows:

1. If such prisoner was confined upon any charge or conviction

of felony, the person shall be guilty of a Class C1 felony offense

Oklahoma Statutes - Title 21. Crimes and Punishments Page 215

punishable by imprisonment as provided for in subsections B through

E of Section 20L of this title.

2. If such prisoner was confined otherwise than upon a charge

or conviction of felony, the person shall be guilty of a Class D3

felony offense punishable by imprisonment as provided for in

subsections B through F of Section 20P of this title, or by a fine

of Five Hundred Dollars ($500.00), or both.

R.L. 1910, § 2202. Amended by Laws 1997, c. 133, § 192, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 107, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-1902 — OK Code / Title 21 / Section 21-1902
Definitions
Status: in_force

As used in the Bus Passenger Safety Act:

1. “Bus” means a vehicle designed to carry passengers that is

part of a network of passenger vehicles for use by the public,

running on a regular schedule of routes, times, and fares;

2. “Bus transportation company” or “company” means any person

or governmental entity providing for-hire transport to passengers or

cargo by rolling stock transit vehicles upon the roads, streets,

highways, public or dedicated rights-of-way, and turnpikes of this

state;

3. “Deadly or dangerous weapon” includes all weapons listed in

Section 1287 of this title, and any other weapon capable of

inflicting serious bodily injury, except for a weapon carried for

lawful self-defense in compliance under the Oklahoma Self-Defense

Act;

4. “Passenger” means any person served by the bus

transportation company;

5. “Rolling stock transit vehicles” include buses, vans, cars,

railcars, locomotives, trolley cars, ferry boats, and vehicles used

for transporting the public; and

6. “Terminal” means a bus station, stop, platform, or depot or

any facility operated or leased by or operated on behalf of a bus

transportation company. This term shall include a reasonable area

immediately adjacent to any designated stop along the route traveled

by any rolling stock transit vehicle operated by a bus

transportation company and parking lots or parking areas adjacent to

a terminal.
Okla. Stat. tit. 21, § 21-1751 — OK Code / Title 21 / Section 21-1751
Railroads, injuries to
Status: in_force

Any person who maliciously, wantonly or negligently either:

1. Removes, displaces, injures or destroys any part of any

railroad, or railroad equipment, whether for steam or horse cars, or

any track of any railroad, or of any branch or branchway, switch,

turnout, bridge, viaduct, culvert, embankment, station house, or

other structure or fixture, or any part thereof, attached to or

connected with any railroad; or

2. Places any obstruction upon the rails or tracks of any

railroad, or any branch, branchway, or turnout connected with any

railroad,

shall be guilty of a Class D1 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20N of this title.

R.L. 1910, § 2756. Amended by Laws 1997, c. 133, § 407, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 298, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-1040.77 — OK Code / Title 21 / Section 21-1040.77
Violations - Penalties
Status: in_force

Any person convicted of violating any provision of Section

1040.76 of this title shall be guilty of a misdemeanor and shall be

fined a sum not exceeding Five Hundred Dollars ($500.00) for the

first or second offense. Any person convicted of a third or

subsequent violation of any provision of Section 1040.76 of this

title shall be guilty of a misdemeanor and shall be fined a sum not

exceeding One Thousand Dollars ($1,000.00). Each day that any

violation of Section 1040.76 of this title occurs or continues shall

constitute a separate offense and shall be punishable as a separate

violation. Every act or transaction prohibited by Section 1040.76

of this title shall constitute a separate offense as to each item,

issue or title involved and shall be punishable as such. For the

purpose of this section, multiple copies of the same identical

title, monthly issue, volume and number issue or other such

identical material as prohibited by Section 1040.76 of this title

shall constitute a single offense.
Okla. Stat. tit. 21, § 21-1040.56 — OK Code / Title 21 / Section 21-1040.56
Cause of action – Damages – Statute of limitations
Status: in_force

A. Any person who, while under the age of eighteen (18), was a

victim of an offense provided for in Section 681, 741, 843.5, 852.1,

867, 885, 886, 888, 891, 1021, 1021.2, 1021.3, 1024.2, 1040.8,

1040.12a, 1040.13, 1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of

this title, where such offense resulted in a conviction and any

portion of such offense was used in the production of child sexual

abuse material, and who suffers personal or psychological injury as

a result of the production, promotion, or possession of such child

sexual abuse material, may bring a civil action against the

producer, promoter, or intentional possessor of such child sexual

abuse material, regardless of whether the victim is now an adult.

B. In any civil action brought under this section, the

prevailing plaintiff shall recover the actual, special and punitive

damages such person sustained and the cost of the suit, including

reasonable attorney fees.

C. Notwithstanding any other provision of law, any civil action

commenced pursuant to this section shall be filed within three (3)

years after the later of:

1. The conclusion of the related criminal case;

2. The notification to the victim by a law enforcement agency

of the creation, possession, distribution or promotion of child

sexual abuse material; or

3. In the case of a victim younger than eighteen (18) years of

age, within three (3) years after the person reaches the age of

eighteen (18).

D. It is not a defense to a civil cause of action under this

section that the respondent did not know the victim or commit the

abuse depicted in the child sexual abuse material.

E. As used in this section, "child sexual abuse material" shall

have the same meaning as such term is defined in Section 1024.1 of

this title.

F. The provisions of this section shall not apply to any acts

performed in the scope and course of employment by any:

1. Law enforcement officer;

2. Forensic examiner;

3. Prosecuting attorney; or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 450

4. Employee of a child advocacy organization.
Okla. Stat. tit. 21, § 21-1903v2 — OK Code / Title 21 / Section 21-1903v2
Seizure of bus - Assault or battery - Dangerous or
Status: in_force

deadly weapons - Discharge of a firearm.

A. No person shall by force or violence, or threat of force or

violence, seize or exercise control of any bus. Any person

violating this subsection shall be guilty of a Class B1 felony

offense and shall, upon conviction, be punished by imprisonment in

the custody of the Department of Corrections for not more than

twenty (20) years, or by a fine of not more than Twenty Thousand

Dollars ($20,000.00), or by both such fine and imprisonment.

B. In addition, no person shall intimidate, threaten, assault

or batter any driver, attendant, guard or passenger of any bus with

Oklahoma Statutes - Title 21. Crimes and Punishments Page 858

intent to violate subsection A of this section. Any person

violating this subsection shall be guilty of a Class B4 felony

offense and shall, upon conviction, be punished by imprisonment in

the custody of the Department for not more than ten (10) years, or

by a fine of not more than Five Thousand Dollars ($5,000.00), or by

both such fine and imprisonment.

C. In addition, any person violating subsection A or B of this

section using a dangerous or deadly weapon shall be guilty of a

Class B1 felony offense, and shall, upon conviction, be punished by

imprisonment in the custody of the Department for not more than

twenty (20) years, or by a fine of not more than Twenty Thousand

Dollars ($20,000.00), or by both such fine and imprisonment.

D. It shall be unlawful for any person to discharge any firearm

into or within any bus, terminal or other transportation facility,

unless such action is determined to have been in defensive force

resulting from reasonable fear of imminent peril of death or great

bodily harm to himself or herself or another. Such person shall,

upon conviction, be guilty of a Class B4 felony offense punishable

by a fine of not more than Five Thousand Dollars ($5,000.00), or by

imprisonment for not more than five (5) years, or both.
Okla. Stat. tit. 21, § 21-1230.5 — OK Code / Title 21 / Section 21-1230.5
Unlawful misrepresentation of waste
Status: in_force

A. It shall be unlawful to knowingly and willfully:

1. Make false statements, include false data or omit material

information in an application for a waste permit, or for a waste

authorization, from the Oklahoma Department of Environmental

Quality, the Oklahoma Corporation Commission or the Oklahoma

Department of Agriculture;

2. Make false statements, include false data or omit material

information in a waste manifest, waste label, or other waste

compliance document, record or plan required by law to be created,

maintained or submitted to any state agency;

3. Submit a false sample of waste for laboratory analysis;

4. Make false statements or include false data in, or omit

material information from, a laboratory analysis of waste;

5. Tamper with an environmental monitoring device to compromise

or impair the accuracy of the device; or

6. Provide hazardous waste to another person for transportation

without providing a proper manifest as prescribed in the Oklahoma

Hazardous Waste Management Act.

B. Any person who violates the provisions of this section

commits the offense of unlawful misrepresentation of waste which

shall be deemed a Class D1 felony offense.
Okla. Stat. tit. 21, § 21-1313 — OK Code / Title 21 / Section 21-1313
Rout defined
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 660

Whenever three or more persons, acting together, make any

attempt to do any act toward the commission of an act which would be

riot if actually committed, such assembly is a rout.
Okla. Stat. tit. 21, § 21-1040.20 — OK Code / Title 21 / Section 21-1040.20
Destruction - Injunction
Status: in_force

In the event that a judgment is entered adjudicating the matter

to be obscene material or child sexual abuse material, the court

shall further:

1. Order the person or persons having possession of it to

surrender it to the sheriff for destruction and, in the event that

person refuses, order the sheriff in the county in which the action

was brought to seize and destroy it; and

2. Enter a permanent injunction against any person sending or

causing it to be sent, bringing or causing it to be brought, into

this state for sale or commercial distribution, and against any

person in this state preparing, selling, exhibiting or commercially

distributing it, giving it away or offering to give it away, or

having it in his or her possession with intent to sell or

commercially distribute or exhibit or give it away or offer to give

it away.
Okla. Stat. tit. 21, § 21-1024.6 — OK Code / Title 21 / Section 21-1024.6
Adult performances containing obscene material in a public place where minors will be
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 15public place where minors will be exposed.

A. As used in this section:

1. "Adult performance" means any performance that contains

obscene material, if done in view of a minor or in a public place;

2. "Obscene material" shall have the same meaning as such term

is defined in subsection B of Section 1024.1 of Title 21 of the

Oklahoma Statutes;

3. "Minor" means an unmarried person under eighteen (18) years

of age; and

4. "Public place" means any area or space that the general

public may freely access without payment for admission; provided,

however, any place that limits access pursuant to an admissions

process or that restricts minors from entering the area or space to

participate or take part in any event shall be exempt from the

provisions of this section.

B. 1. It shall be unlawful for a person to engage in an adult

performance which contains obscene material, or for any political

subdivision of this state to allow, permit, organize, or authorize

the viewing of an adult performance which contains obscene material,

on public property or in a public place where a minor, as part of

the general public, will be exposed to view such adult performance.

2. A political subdivision acting in good faith in accordance

with the requirements of this subsection shall not be liable for the

acts of an individual or group in violation of this subsection.

C. Any person who violates the provisions of subsection B of

this section shall, upon conviction, be guilty of a misdemeanor

punishable by imprisonment in a county jail for a term not exceeding

one (1) year, or by a fine of not less than Five Hundred Dollars

($500.00) and not exceeding One Thousand Dollars ($1,000.00), or by

both such fine and imprisonment.

D. The provisions of this section shall preempt any ordinance,

regulation, or restriction that was lawfully adopted or license that

was issued by a political subdivision of this state prior to the

effective date of this act that is in conflict with the provisions

of this section.
Okla. Stat. tit. 21, § 21-755 — OK Code / Title 21 / Section 21-755
Maiming by disfigurement
Status: in_force

To constitute maiming by disfigurement, the injury must be such

as is calculated, after healing, to attract observation. A

disfigurement which can only be discovered by close inspection does

not constitute maiming.
Okla. Stat. tit. 21, § 21-531 — OK Code / Title 21 / Section 21-531
Destruction or falsification of records
Status: in_force

Any sheriff, coroner, clerk of a court, constable or other

ministerial officer, and every deputy or subordinate of any

ministerial officer, who mutilates, destroys, conceals, erases,

obliterates or falsifies any record or paper appertaining to his

office shall be guilty of a Class D1 felony offense and shall be

punished by imprisonment as provided for in subsections B through F

of Section 20N of this title.
Okla. Stat. tit. 21, § 21-1691 — OK Code / Title 21 / Section 21-1691
Abandoning of domestic animals along streets or highways or in any public place
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 29or in any public place prohibited.

Any person who deposits any live dog, cat, or other domestic

animal along any private or public roadway, or in any other private

or public place with the intention of abandoning the domestic animal

upon conviction, shall be guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1682 — OK Code / Title 21 / Section 21-1682
Instigating fights between animals
Status: in_force

Every person who maliciously, or for any bet, stake or reward,

instigates or encourages any fight between animals with the

exception of dogs, or instigates or encourages any animal with the

exception of dogs to attack, bite, wound or worry another, upon

conviction, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-644v4 — OK Code / Title 21 / Section 21-644v4
Assault – Assault and battery – Domestic Abuse
Status: in_force

A. Assault shall be punishable by imprisonment in a county jail

not exceeding ninety (90) days, or by a fine not more than Five

Hundred Dollars ($500.00), or by both such fine and imprisonment.

B. Assault and battery shall be punishable by imprisonment in a

county jail not exceeding six (6) months, or by a fine not more than

One Thousand Dollars ($1,000.00), or by both such fine and

imprisonment.

C. Any person who commits any assault and battery against a

current or former intimate partner or a family or household member

as defined by Section 60.1 of Title 22 of the Oklahoma Statutes

shall be guilty of domestic abuse. Upon conviction, the defendant

shall be punished by imprisonment in the county jail for not more

than one (1) year, or by a fine not exceeding Five Thousand Dollars

($5,000.00), or by both such fine and imprisonment. Upon conviction

for a second or subsequent offense, the person shall be guilty of a

Class B5 felony offense and shall be punished by imprisonment in the

custody of the Department of Corrections for not more than four (4)

years, or by a fine not exceeding Five Thousand Dollars ($5,000.00),

or by both such fine and imprisonment. The provisions of Section

51.1 of this title shall apply to any second or subsequent offense.

D. 1. Any person who, with intent to do bodily harm and

without justifiable or excusable cause, commits any assault,

battery, or assault and battery upon an intimate partner or a family

or household member as defined by Section 60.1 of Title 22 of the

Oklahoma Statutes with any sharp or dangerous weapon, upon

conviction, is guilty of domestic assault or domestic assault and

battery with a dangerous weapon which shall be a Class B3 felony

offense punishable by imprisonment in the custody of the Department

of Corrections not exceeding ten (10) years, or by imprisonment in a

county jail not exceeding one (1) year. The provisions of Section

51.1 of this title shall apply to any second or subsequent

conviction for a violation of this paragraph.

2. Any person who, without such cause, shoots an intimate

partner or a family or household member as defined by Section 60.1

Oklahoma Statutes - Title 21. Crimes and Punishments Page 275

of Title 22 of the Oklahoma Statutes by means of any deadly weapon

that is likely to produce death shall, upon conviction, be guilty of

domestic assault and battery with a deadly weapon which shall be a

Class A3 felony offense punishable by imprisonment in the custody of

the Department of Corrections not exceeding life. The provisions of

Section 51.1 of this title shall apply to any second or subsequent

conviction for a violation of this paragraph.

E. 1. Any person convicted of domestic abuse committed against

a pregnant woman with knowledge of the pregnancy shall be guilty of

a Class B5 felony offense punishable by imprisonment in the custody

of the Department of Corrections for not more than five (5) years.

2. Any person convicted of a second or subsequent offense of

domestic abuse against a pregnant woman with knowledge of the

pregnancy shall be guilty of a Class A3 felony offense punishable by

imprisonment in the custody of the Department of Corrections for not

less than ten (10) years.

3. Any person convicted of domestic abuse committed against a

pregnant woman with knowledge of the pregnancy and a miscarriage

occurs or injury to the unborn child occurs shall be guilty of a

Class A1 felony offense punishable by imprisonment in the custody of

the Department of Corrections for not less than twenty (20) years.

F. Any person convicted of domestic abuse as defined in

subsection C of this section that results in great bodily injury to

the victim shall be guilty of a Class B3 felony offense and punished

by imprisonment in the custody of the Department of Corrections for

not more than ten (10) years, or by imprisonment in the county jail

for not more than one (1) year. The provisions of Section 51.1 of

this title shall apply to any second or subsequent conviction of a

violation of this subsection.

G. Any person convicted of domestic abuse as defined in

subsection C of this section that was committed in the presence of a

child shall be punished by imprisonment in the county jail for not

less than six (6) months nor more than one (1) year, or by a fine

not exceeding Five Thousand Dollars ($5,000.00), or by both such

fine and imprisonment. Any person convicted of a second or

subsequent domestic abuse as defined in subsection C of this section

that was committed in the presence of a child shall be guilty of a

Class B5 felony offense and shall be punished by imprisonment in the

custody of the Department of Corrections for not less than one (1)

year nor more than five (5) years, or by a fine not exceeding Seven

Thousand Dollars ($7,000.00), or by both such fine and imprisonment.

The provisions of Section 51.1 of this title shall apply to any

second or subsequent offense. For every conviction of a domestic

abuse crime in violation of any provision of this section committed

against an intimate partner or a family or household member as

defined by Section 60.1 of Title 22 of the Oklahoma Statutes, the

court shall:

Oklahoma Statutes - Title 21. Crimes and Punishments Page 276

1. Specifically order as a condition of a suspended or deferred

sentence that a defendant participate in counseling or undergo

treatment to bring about the cessation of domestic abuse as

specified in paragraph 2 of this subsection;

2. a. The court shall require the defendant to complete an

assessment and follow the recommendations of a

batterers’ intervention program certified by the

Attorney General. If the defendant is ordered to

participate in a batterers’ intervention program, the

order shall require the defendant to attend the

program for a minimum of fifty-two (52) weeks,

complete the program, and be evaluated before and

after attendance of the program by program staff.

Three unexcused absences in succession or seven

unexcused absences in a period of fifty-two (52) weeks

from any court-ordered batterers’ intervention program

shall be prima facie evidence of the violation of the

conditions of probation for the district attorney to

seek acceleration or revocation of any probation

entered by the court.

b. A program for anger management, couples counseling, or

family and marital counseling shall not solely qualify

for the counseling or treatment requirement for

domestic abuse pursuant to this subsection. The

counseling may be ordered in addition to counseling

specifically for the treatment of domestic abuse or

per evaluation as set forth below. If, after

sufficient evaluation and attendance at required

counseling sessions, the domestic violence treatment

program or licensed professional determines that the

defendant does not evaluate as a perpetrator of

domestic violence or does evaluate as a perpetrator of

domestic violence and should complete other programs

of treatment simultaneously or prior to domestic

violence treatment, including but not limited to

programs related to the mental health, apparent

substance or alcohol abuse or inability or refusal to

manage anger, the defendant shall be ordered to

complete the counseling as per the recommendations of

the domestic violence treatment program or licensed

professional;

3. a. The court shall set a review hearing no more than one

hundred twenty (120) days after the defendant is

ordered to participate in a domestic abuse counseling

program or undergo treatment for domestic abuse to

assure the attendance and compliance of the defendant

with the provisions of this subsection and the

Oklahoma Statutes - Title 21. Crimes and Punishments Page 277

domestic abuse counseling or treatment requirements.

The court may suspend sentencing of the defendant

until the defendant has presented proof to the court

of enrollment in a program of treatment for domestic

abuse by an individual licensed practitioner or a

domestic abuse treatment program certified by the

Attorney General and attendance at weekly sessions of

such program. Such proof shall be presented to the

court by the defendant no later than one hundred

twenty (120) days after the defendant is ordered to

such counseling or treatment. At such time, the court

may complete sentencing, beginning the period of the

sentence from the date that proof of enrollment is

presented to the court, and schedule reviews as

required by subparagraphs a and b of this paragraph

and paragraphs 4 and 5 of this subsection. Three

unexcused absences in succession or seven unexcused

absences in a period of fifty-two (52) weeks from any

court-ordered domestic abuse counseling or treatment

program shall be prima facie evidence of the violation

of the conditions of probation for the district

attorney to seek acceleration or revocation of any

probation entered by the court.

b. The court shall set a second review hearing after the

completion of the counseling or treatment to assure

the attendance and compliance of the defendant with

the provisions of this subsection and the domestic

abuse counseling or treatment requirements. The court

shall retain continuing jurisdiction over the

defendant during the course of ordered counseling

through the final review hearing;

4. The court may set subsequent or other review hearings as the

court determines necessary to assure the defendant attends and fully

complies with the provisions of this subsection and the domestic

abuse counseling or treatment requirements;

5. At any review hearing, if the defendant is not

satisfactorily attending individual counseling or a domestic abuse

counseling or treatment program or is not in compliance with any

domestic abuse counseling or treatment requirements, the court may

order the defendant to further or continue counseling, treatment, or

other necessary services. The court may revoke all or any part of a

suspended sentence, deferred sentence, or probation pursuant to

Section 991b of Title 22 of the Oklahoma Statutes and subject the

defendant to any or all remaining portions of the original sentence;

6. At the first review hearing, the court shall require the

defendant to appear in court. Thereafter, for any subsequent review

hearings, the court may accept a report on the progress of the

Oklahoma Statutes - Title 21. Crimes and Punishments Page 278

defendant from individual counseling, domestic abuse counseling, or

the treatment program. There shall be no requirement for the victim

to attend review hearings; and

7. If funding is available, a referee may be appointed and

assigned by the presiding judge of the district court to hear

designated cases set for review under this subsection. Reasonable

compensation for the referees shall be fixed by the presiding judge.

The referee shall meet the requirements and perform all duties in

the same manner and procedure as set forth in Sections 1-8-103 and

2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees

appointed in juvenile proceedings.

The defendant may be required to pay all or part of the cost of

the counseling or treatment, in the discretion of the court.

H. As used in subsection G of this section, “in the presence of

a child” means in the physical presence of a child; or having

knowledge that a child is present and may see or hear an act of

domestic violence. For the purposes of subsections C and G of this

section, “child” may be any child whether or not related to the

victim or the defendant.

I. For the purposes of subsections C and G of this section, any

conviction for assault and battery against an intimate partner or a

family or household member as defined by Section 60.1 of Title 22 of

the Oklahoma Statutes shall constitute a sufficient basis for a

felony charge:

1. If that conviction is rendered in any state, county or

parish court of record of this or any other state; or

2. If that conviction is rendered in any municipal court of

record of this or any other state for which any jail time was

served; provided, no conviction in a municipal court of record

entered prior to November 1, 1997, shall constitute a prior

conviction for purposes of a felony charge.

J. Any person who commits any assault and battery by

strangulation or attempted strangulation against an intimate partner

or a family or household member as defined by Section 60.1 of Title

22 of the Oklahoma Statutes shall, upon conviction, be guilty of a

Class B5 felony offense of domestic abuse by strangulation and shall

be punished by imprisonment in the custody of the Department of

Corrections for a period not less than one (1) year nor more than

ten (10) years, or by a fine not more than Twenty Thousand Dollars

($20,000.00), or by both such fine and imprisonment. The provisions

of Section 51.1 of this title shall apply to any second or

subsequent conviction of a violation of this subsection. As used in

this subsection, “strangulation” means any form of asphyxia;

including, but not limited to, asphyxia characterized by closure of

the blood vessels or air passages of the neck as a result of

external pressure on the neck or the closure of the nostrils or

mouth as a result of external pressure on the head.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 279

K. Any district court of this state and any judge thereof shall

be immune from any liability or prosecution for issuing an order

that requires a defendant to:

1. Attend a treatment program for domestic abusers certified by

the Attorney General;

2. Attend counseling or treatment services ordered as part of

any suspended or deferred sentence or probation; and

3. Attend, complete, and be evaluated before and after

attendance by a treatment program for domestic abusers, certified by

the Attorney General.

L. There shall be no charge of fees or costs to any victim of

domestic violence, stalking, or sexual assault in connection with

the prosecution of a domestic violence, stalking, or sexual assault

offense in this state.

M. In the course of prosecuting any charge of domestic abuse,

stalking, harassment, rape, or violation of a protective order, the

prosecutor shall provide the court, prior to sentencing or any plea

agreement, a local history and any other available history of past

convictions of the defendant within the last ten (10) years relating

to domestic abuse, stalking, harassment, rape, violation of a

protective order, or any other violent misdemeanor or felony

convictions.

N. Any plea of guilty or finding of guilt for a violation of

subsection C, F, G, I or J of this section shall constitute a

conviction of the offense for the purpose of this act or any other

criminal statute under which the existence of a prior conviction is

relevant for a period of ten (10) years following the completion of

any court imposed probationary term; provided, the person has not,

in the meantime, been convicted of a misdemeanor involving moral

turpitude or a felony.

O. For purposes of subsection F of this section, “great bodily

injury” means bone fracture, protracted and obvious disfigurement,

protracted loss or impairment of the function of a body part, organ

or mental faculty, or substantial risk of death.

P. Any pleas of guilty or nolo contendere or finding of guilt

to a violation of any provision of this section shall constitute a

conviction of the offense for the purpose of any subsection of this

section under which the existence of a prior conviction is relevant

for a period of ten (10) years following the completion of any

sentence or court imposed probationary term.
Okla. Stat. tit. 21, § 21-1700 — OK Code / Title 21 / Section 21-1700
Bear wrestling - Horse tripping
Status: in_force

A. It is unlawful for any person to:

1. Promote, engage in, or be employed at a bear wrestling

exhibition or horse tripping event;

2. Receive money for the admission of another person to any

place where bear wrestling or horse tripping will occur;

3. Sell, purchase, possess, or offer a horse for any horse

tripping event;

4. Sell, purchase, possess, or train a bear for any bear

wrestling exhibition;

5. Subject a bear to alteration in any form for purposes of

bear wrestling including, but not limited to, removal of claws or

teeth, or severing tendons; or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 778

6. Give any substance to a bear, inject any substance into a

bear, or cause a bear to ingest or inhale any substance for the

purposes of bear wrestling.

B. Any person violating the provisions of this section shall,

upon conviction, be guilty of a misdemeanor punishable by

imprisonment in the county jail not exceeding one (1) year, or by a

fine of not more than Two Thousand Dollars ($2,000.00), or by both

such fine and imprisonment. In addition, the court may require the

violator to make restitution and reimbursements to the state, any of

its political subdivisions, or to any society which is incorporated

for the prevention of cruelty to animals for housing, feeding, or

providing medical treatment to any animals used or intended for use

in violation of this section.

C. Upon the arrest of any person pursuant to any provision of

this section, the arresting law enforcement agency or animal control

office shall have authority to seize and take custody of all animals

in the possession of the arrested person which are the basis of an

arrest pursuant to the provisions of this section. Upon conviction,

the court shall have authority to order the forfeiture of all

animals seized which are the basis of the conviction pursuant to the

provisions of this section. Any animals ordered forfeited may be

placed in the custody of a society which is incorporated for the

prevention of cruelty to animals.

D. As used in this section, "horse tripping" means to cause an

animal of the equine species to fall or lose its balance with the

use of a wire, pole, stick, rope or other object. The term does not

include the lawful laying down of a horse for medical purposes or

for the purposes of identification.
Okla. Stat. tit. 21, § 21-1289.17A — OK Code / Title 21 / Section 21-1289.17A
Felony discharging firearms
Status: in_force

FELONY DISCHARGING FIREARMS

It shall be unlawful for any person to willfully or

intentionally discharge any firearm or other deadly weapon at or

into any dwelling, or at or into any building used for public or

business purposes. Any violation of the provisions of this section

shall be a Class B1 felony offense punishable by imprisonment in the

custody of the Department of Corrections for a term not less than

two (2) years nor more than twenty (20) years. The provisions of

this section shall not apply to any law enforcement officer in the

performance of any lawful duty.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 602
Okla. Stat. tit. 21, § 21-752 — OK Code / Title 21 / Section 21-752
Maiming one's self
Status: in_force

Every person who with design to disable himself from performance

of any legal duty, existing or anticipated, inflicts upon himself

any injury whereby he is so disabled, is guilty of maiming, a Class

C2 felony offense.
Okla. Stat. tit. 21, § 21-441 — OK Code / Title 21 / Section 21-441
Assisting escape from officer
Status: in_force

Every person who willfully assists any prisoner in escaping or

attempting to escape from the custody of any officer or person

having the lawful charge of such prisoner under any process of law

or under any lawful arrest, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1786 — OK Code / Title 21 / Section 21-1786
Injuries to pipes and wires
Status: in_force

Any person who willfully breaks, digs up or obstructs any pipes

or mains for conducting gas or water, or any works erected for

supplying buildings with gas or water, or any appurtenances or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 831

appendages therewith connected, or injures, cuts, breaks down or

destroys any electric light wires, poles or appurtenances, or any

telephone or telegraph wires, cable or appurtenances shall, upon

conviction, be guilty of a Class D3 felony offense punishable by

imprisonment in the State Penitentiary not exceeding three (3)

years, or in the county jail not exceeding one (1) year, and by a

fine of not more than Five Hundred Dollars ($500.00).

R.L. 1910, § 2791. Amended by Laws 1997, c. 133, § 420, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 306, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-1202 — OK Code / Title 21 / Section 21-1202
Eavesdropping
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 533

Every person guilty of secretly loitering about any building,

with intent to overhear discourse therein, and to repeat or publish

the same to vex, annoy, or injure others, is guilty of a

misdemeanor.
Okla. Stat. tit. 21, § 21-1375 — OK Code / Title 21 / Section 21-1375
Terms defined
Status: in_force

When used in this act the following words and phrases shall have

the following meanings, except to the extent that any such word or

phrase is qualified by its context:

1. "Chief administrative officer" shall mean the president,

superintendent, principal or other person in charge of the

management, administration or control of any university, college,

elementary or secondary school or other private or public

institution of learning subject to the Oklahoma Higher Education

Code or the school laws of Oklahoma.

2. "Institution of learning" shall mean any university,

college, elementary or secondary school or other private or public

institution of learning subject to the Oklahoma Higher Education

Code or the school laws of Oklahoma, and includes the area or

property under the jurisdiction of such institution.
Okla. Stat. tit. 21, § 21-1590 — OK Code / Title 21 / Section 21-1590
Officer or employee of corporation making false entries
Status: in_force

Every person who being a member or officer or in the employment

of any corporation, association or partnership, falsifies, alters,

erases, obliterates or destroys any account or book of accounts or

records belonging to such corporation, association or partnership,

or appertaining to their business or makes any false entries in such

account or book or keeps any false account in such business with

intent to defraud his employers, or to conceal any embezzlement of

their money, or property, or any defalcation or other misconduct,

committed by any person in the management of their business, is

guilty of forgery in the second degree, a Class D1 felony offense.
Okla. Stat. tit. 21, § 21-142.17 — OK Code / Title 21 / Section 21-142.17
Crime Victims Compensation Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Crime Victims Compensation Board to be designated the "Crime

Victims Compensation Revolving Fund". The Fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies received by the Crime Victims Compensation

Board from any source excluding appropriated funds. All monies

accruing to the credit of said Fund are hereby appropriated and,

except for those monies specifically authorized by the Legislature

Oklahoma Statutes - Title 21. Crimes and Punishments Page 147

to be expended by the District Attorneys Council for administration

of the Crime Victims Compensation Board or operating expenses for

administering federal grant programs, may be budgeted and expended

by the Board for the purpose of implementing the provisions of the

Oklahoma Crime Victims Compensation Act including the provisions set

forth in Section 142.20 of this title. Expenditures from said fund

shall be made upon warrants issued by the State Treasurer against

claims filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment. The

fund shall be invested in whatever instruments are authorized by law

for investments by the State Treasurer. The interest earned by any

investment of monies from the fund shall be credited to the fund for

expenditure as provided by law for the fund.
Okla. Stat. tit. 21, § 21-960 — OK Code / Title 21 / Section 21-960
Seizure of apparatus and delivery to magistrate
Status: in_force

Every person who is authorized or enjoined to arrest any person

for a violation of the provisions of this article, is equally

authorized and enjoined to seize any table, cards, dice, or other

articles or apparatus suitable to be used for gambling purposes

found in the possession or under the control of the person so

arrested, and to deliver the same to the magistrate before whom the

person so arrested is required to be taken.
Okla. Stat. tit. 21, § 21-1722 — OK Code / Title 21 / Section 21-1722
Taking oil, gas, gasoline or any product thereof - When
Status: in_force

misdemeanor or felony.

Any person who shall unlawfully take any crude oil or gasoline,

or any product thereof, from any pipe, pipeline, tank, tank car, or

other receptacle or container and any person who shall unlawfully

take or cause to be taken any machinery, drilling mud, equipment or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 790

other materials necessary for the drilling or production of oil or

gas wells, with intent to deprive the owner or lessee thereof of

said crude oil, gas, gasoline, or any product thereof, machinery,

drilling mud, equipment or other materials necessary for the

drilling or production of oil or gas wells shall:

1. Be guilty of a misdemeanor if the value of said product so

taken is less than One Thousand Dollars ($1,000.00), and upon

conviction thereof, shall be punished by a fine of not more than

Five Hundred Dollars ($500.00), or by imprisonment in the county

jail for a term not to exceed sixty (60) days, or by both such fine

and imprisonment;

2. Be guilty of a Class C2 felony offense if the value of such

product so taken is One Thousand Dollars ($1,000.00) or more and

upon conviction thereof, shall be punished by forfeiture of the

instrumentality of the crime and by a fine of not less than One

Hundred Dollars ($100.00), and not more than Fifty Thousand Dollars

($50,000.00), or by imprisonment in the State Penitentiary for a

term in the range of one (1) year to ten (10) years, or by both such

fine and imprisonment.
Okla. Stat. tit. 21, § 21-405 — OK Code / Title 21 / Section 21-405
Appeals - Disposition of proceeds
Status: in_force

Appeals may be allowed as in civil cases, but the possession of

monies, funds, properties or assets being so unlawfully used shall

be prima facie evidence that it is the properties, funds, monies or

assets of the person so using it. Where said monies, funds,

properties or assets are sold or otherwise ordered forfeited under

the provisions of this act the proceeds shall be disbursed and

applied as follows:

First. To the payment of the costs of the forfeiting

proceedings and actual expenses of preserving the properties.

Second. One-eighth (1/8) of the proceeds remaining to the

public official, witness, juror or other person to whom the bribe

was given, provided such public official, witness, juror or other

person had theretofore voluntarily surrendered the same to the

sheriff of the county and informed the proper officials of the

bribery or attempted bribery.

Third. One-eighth (1/8) to the district attorney prosecuting

the case.

Fourth. The balance to the county treasurer to be credited by

him to the court fund of the county.
Okla. Stat. tit. 21, § 21-1040.18 — OK Code / Title 21 / Section 21-1040.18
Trial - Evidence
Status: in_force

(a) The court shall conduct the trial in accordance with the

rules of civil procedure applicable to the trial of cases by the

court without a jury.

(b) The court shall receive evidence at the trial, including the

testimony of experts, pertaining, but not limited, to:

(1) whether, to the average person, applying contemporary

community standards, the dominant theme of the mailable matter taken

as a whole is to prurient interest;

(2) the artistic, literary, scientific and educational merits of

the mailable matter considered as a whole;

(3) the intent of the author and publisher in preparing, writing

and publishing the mailable matter;

(4) the appeal to prurient interest, or absence thereof, in

advertising or other promotion of the mailable matter.
Okla. Stat. tit. 21, § 21-1289.29 — OK Code / Title 21 / Section 21-1289.29
United States Attorney or Assistant United States
Status: in_force

Attorney - Carrying of firearm.

Any United States Attorney or Assistant United States Attorney

may carry a firearm on his or her person anywhere in the State of

Oklahoma if the person has successfully completed a handgun

qualification course for court officials developed by the Council on

Law Enforcement Education and Training. The Council on Law

Enforcement Education and Training may provide for an identification

card to be issued to the United States Attorney or Assistant United

States Attorney and may provide application forms. If the person

issued an identification card is no longer eligible, that person

shall immediately return the identification card to the Council on

Law Enforcement Education and Training.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 616
Okla. Stat. tit. 21, § 21-1977 — OK Code / Title 21 / Section 21-1977
Unlawful sale or offer for sale of sound recording -
Status: in_force

Penalties.

A. It shall be unlawful for any person to knowingly sell or

offer for sale any sound recording that has been produced or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 866

reproduced in violation of the provisions of Sections 1975 through

1981 of this title, knowing, or having reasonable grounds to know,

that the sounds or images thereon have been produced or reproduced

without the consent of the owner.

B. A violation of this section involving less than one hundred

articles shall constitute a misdemeanor, and shall, upon conviction,

be punishable by a fine not to exceed Five Thousand Dollars

($5,000.00).

C. A violation of this section involving one hundred or more

articles shall constitute a Class D1 felony offense, and shall, upon

conviction, be punishable by a fine not to exceed Fifty Thousand

Dollars ($50,000.00), or by imprisonment as provided for in

subsections B through F of Section 20N of this title, or both such

fine and imprisonment.

D. A second or subsequent conviction for a violation of this

section shall constitute a Class D1 felony offense, and shall, upon

conviction, be punishable by a fine not to exceed One Hundred

Thousand Dollars ($100,000.00), or by imprisonment as provided for

in subsections B through F of Section 20N of this title, or both

such fine and imprisonment.
Okla. Stat. tit. 21, § 21-1593 — OK Code / Title 21 / Section 21-1593
Falsely obtaining signature
Status: in_force

Every person who, by any false representation, artifice or

deceit, procures from another his signature to any instrument, the

false making of which would be forgery, and which the party signing

would not have executed had he known the facts and effect of the

instrument, is guilty of forgery in the second degree, a Class D1

felony offense.
Okla. Stat. tit. 21, § 21-701.7 — OK Code / Title 21 / Section 21-701.7
Murder in the first degree
Status: in_force

A. A person commits murder in the first degree when that person

unlawfully and with malice aforethought causes the death of another

human being. Malice is that deliberate intention unlawfully to take

away the life of a human being, which is manifested by external

circumstances capable of proof.

B. A person also commits the crime of murder in the first

degree, regardless of malice, when that person or any other person

takes the life of a human being during, or if the death of a human

being results from, the commission or attempted commission of murder

of another person, shooting or discharge of a firearm or crossbow

with intent to kill, intentional discharge of a firearm or other

deadly weapon into any dwelling or building as provided in Section

1289.17A of this title, forcible rape, robbery with a dangerous

weapon, kidnapping, escape from lawful custody, eluding an officer,

first degree burglary, first degree arson, unlawful distributing or

dispensing of controlled dangerous substances or synthetic

controlled substances, trafficking in illegal drugs, or

manufacturing or attempting to manufacture a controlled dangerous

substance.

1. Except as provided in paragraph 3 of this subsection, the

term "synthetic controlled substance" means a substance:

a. the chemical structure of which is substantially

similar to the chemical structure of a controlled

substance in Schedule I or II,

b. which has a stimulant, depressant, or hallucinogenic

effect on the central nervous system that is

substantially similar to or greater than the

stimulant, depressant, or hallucinogenic effect on the

central nervous system of a controlled substance in

Schedule I or II, or

c. with respect to a particular person, which such person

represents or intends to have a stimulant, depressant,

or hallucinogenic effect on the central nervous system

Oklahoma Statutes - Title 21. Crimes and Punishments Page 299

that is substantially similar to or greater than the

stimulant, depressant, or hallucinogenic effect on the

central nervous system of a controlled substance in

Schedule I or II.

2. The designation of gamma butyrolactone does not preclude a

finding pursuant to paragraph 1 of this subsection that the chemical

is a synthetic controlled substance.

3. Such term does not include:

a. a controlled substance,

b. any substance for which there is an approved new drug

application,

c. with respect to a particular person any substance, if

an exemption is in effect for investigational use, for

that person, under Section 505 of the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 355) to the extent

conduct with respect to such substance is pursuant to

such exemption, or

d. any substance to the extent not intended for human

consumption before such an exemption takes effect with

respect to that substance.

C. A person commits murder in the first degree when the death

of a child results from the willful or malicious injuring,

torturing, maiming or using of unreasonable force by said person or

who shall willfully cause, procure or permit any of said acts to be

done upon the child pursuant to Section 843.5 of this title. It is

sufficient for the crime of murder in the first degree that the

person either willfully tortured or used unreasonable force upon the

child or maliciously injured or maimed the child.

D. A person commits murder in the first degree when that person

unlawfully and with malice aforethought solicits another person or

persons to cause the death of a human being in furtherance of

unlawfully manufacturing, distributing or dispensing controlled

dangerous substances, as defined in the Uniform Controlled Dangerous

Substances Act, unlawfully possessing with intent to distribute or

dispense controlled dangerous substances, or trafficking in illegal

drugs.

E. A person commits murder in the first degree when that person

intentionally causes the death of a law enforcement officer,

correctional officer, or corrections employee while the officer or

employee is in the performance of official duties.

F. A person who violates any of the provisions provided for in

this section shall, upon conviction, be guilty of a Class Y felony

offense.