Okla. Stat. tit. 21, § 21-644v1 — OK Code / Title 21 / Section 21-644v1
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 of 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 of 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 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 felony and

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

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

felony 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.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 255

E. 1. Any person convicted of domestic abuse committed against

a pregnant woman with knowledge of the pregnancy shall be guilty of

a felony, 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 felony, 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

felony, 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 felony 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 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:

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

Oklahoma Statutes - Title 21. Crimes and Punishments Page 256

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

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

Oklahoma Statutes - Title 21. Crimes and Punishments Page 257

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

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

Oklahoma Statutes - Title 21. Crimes and Punishments Page 258

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

domestic abuse by strangulation and shall be punished by

imprisonment in the custody of the Department of Corrections for a

period of not less than one (1) year nor more than three (3) years,

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

by both such fine and imprisonment. Upon a second or subsequent

conviction for a violation of this section, the defendant shall be

punished by imprisonment in the custody of the Department of

Corrections for a period of not less than three (3) years nor more

than ten (10) years, or by a fine of 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.

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:

Oklahoma Statutes - Title 21. Crimes and Punishments Page 259

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, § 21-1319 — OK Code / Title 21 / Section 21-1319
Resisting execution of legal process
Status: in_force

Every person who:

1. Resists the execution of any legal process;

2. Enters into a combination with any other person to resist

the execution of any legal process; or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 661

3. In retaliation for serving process, releases or fails to

control an animal at the time legal process is being executed,

is, upon conviction, punishable by imprisonment in a county jail not

exceeding one (1) year, or by a fine not exceeding One Thousand

Dollars ($1,000.00), or by both such imprisonment and fine.

R.L. 1910, § 2566. Amended by Laws 2021, c. 373, § 3, eff. Nov. 1,

2021.
Okla. Stat. tit. 21, § 21-446 — OK Code / Title 21 / Section 21-446
Unlawful transport of alien - Concealing, harboring or sheltering from detection -
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 7sheltering from detection - Destroying, hiding, altering, or keeping

documentation.

A. It shall be unlawful for any person to transport, move, or

attempt to transport in the State of Oklahoma any alien knowing or

in reckless disregard of the fact that the alien has come to,

entered, or remained in the United States in violation of law, in

furtherance of the illegal presence of the alien in the United

States.

B. It shall be unlawful for any person to conceal, harbor, or

shelter from detection any alien in any place within the State of

Oklahoma, including any building or means of transportation, knowing

or in reckless disregard of the fact that the alien has come to,

entered, or remained in the United States in violation of law.

C. It shall be unlawful for any person to intentionally

destroy, hide, alter, abscond with or keep documentation, including

birth certificates, visas, passports, green cards or other documents

utilized in the regular course of business to either verify or

legally extend an individual’s legal status within the United States

for the purpose of trafficking a person in violation of Section 748

of this title.

D. Nothing in this section shall be construed so as to prohibit

or restrict the provision of any state or local public benefit

described in 8 U.S.C., Section 1621(b), or regulated public health

services provided by a private charity using private funds.

E. Any person violating the provisions of subsections A, B or C

of this section shall, upon conviction, be guilty of a Class B2

felony offense punishable by imprisonment in the custody of the

Department of Corrections for not less than one (1) year, or by a

Oklahoma Statutes - Title 21. Crimes and Punishments Page 220

fine of not less than One Thousand Dollars ($1,000.00), or by both

such fine and imprisonment.
Okla. Stat. tit. 21, § 21-320 — OK Code / Title 21 / Section 21-320
Penalty for violating Section 318
Status: in_force

Any person or member of any firm, corporation or association

violating the provisions of Section 318 of this title 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, and by a fine in the sum of not less than One Thousand

Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00).

R.L. 1910, § 2182. Amended by Laws 1997, c. 133, § 167, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 85, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-1481 — OK Code / Title 21 / Section 21-1481
Extortion defined
Status: in_force

Extortion is the obtaining of property from another with his

consent, induced by a wrongful use of force or fear, or under color

of official right.
Okla. Stat. tit. 21, § 21-1321.9 — OK Code / Title 21 / Section 21-1321.9
Municipal ordinances
Status: in_force

Cities and towns are hereby authorized to enact ordinances in

general conformity with the provisions of this act.
Okla. Stat. tit. 21, § 21-275 — OK Code / Title 21 / Section 21-275
Reward for making appointment or deputation
Status: in_force

Any public officer who, for any gratuity or reward, appoints

another person to a public office, or permits another person to

exercise, perform or discharge any of the prerogatives or duties of

his office, 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, and by a fine of not less than Two

Hundred Dollars ($200.00) or more than One Thousand Dollars

($1,000.00); and in addition thereto the public officer forfeits

office.

R.L. 1910, § 2158. Amended by Laws 1997, c. 133, § 159, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 79, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-580 — OK Code / Title 21 / Section 21-580
Public officers - Willful neglect of duty a misdemeanor
Status: in_force

A public officer or person holding a public trust or employment

upon whom any duty is enjoined by law, who willfully neglects to

perform the duty is guilty of a misdemeanor. This section does not

apply to cases of official acts or omissions, the prevention or

punishment of which is otherwise specially provided by statute.
Okla. Stat. tit. 21, § 21-143 — OK Code / Title 21 / Section 21-143
Sexual Assault Forensic Evidence (SAFE) Board — Powers and
Status: in_force

duties.

A. There is hereby created the Sexual Assault Forensic Evidence

(SAFE) Board within the Office of the Attorney General. The Board

shall have the power and duty to:

1. Examine the process for gathering and analyzing sexual

assault forensic evidence kits in this state and work with members

of the Legislature to draft proposed legislation to improve the

response of medical and law enforcement systems to sexual assault;

2. Develop a plan for the prioritization and acceptance of

untested sexual assault forensic evidence kits identified in the

statewide audit conducted by the Board;

3. Identify possible procedures for the testing of anonymous

sexual assault evidence kits;

4. Identify possible improvements for victim access to evidence

other than sexual assault forensic evidence kits including, but not

limited to, police reports and other physical evidence;

5. Identify additional rights of victims concerning the sexual

assault forensic evidence kits testing process;

6. Identify and pursue grants and other funding sources to

address untested sexual assault forensic evidence kits, reduce

testing wait times, provide victim notification, and improve

efficiencies in the kit testing process; and

7. Develop a comprehensive training plan for equipping and

enhancing the work of law enforcement, prosecutors, victim

advocates, Sexual Assault Nurse Examiners, and multidisciplinary

Sexual Assault Response Teams (SARTs) across all jurisdictions

within this state.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 169

B. In carrying out its duties and responsibilities, the Board

shall:

1. Promulgate rules establishing criteria for the collection of

sexual assault forensic evidence subject to specific, in-depth

review by the Board;

2. Establish and maintain statistical information related to

sexual assault forensic evidence collection including, but not

limited to, demographic and medical diagnostic information;

3. Establish procedures for obtaining initial information

regarding the collection of sexual assault forensic evidence from

medical and law enforcement entities;

4. Review the policies, practices, and procedures of the

medical and law enforcement systems and make specific

recommendations to the entities comprising the medical and law

enforcement systems for actions necessary to improve such systems;

5. Review the extent to which the medical and law enforcement

systems are coordinated and evaluate whether the state is

efficiently discharging its sexual assault forensic evidence

collection responsibilities;

6. Request and obtain a copy of all records and reports

pertaining to sexual assault forensic evidence including, but not

limited to:

a. hospital records,

b. court records,

c. local, state, and federal law enforcement records,

d. medical and dental records, and

e. emergency medical service records.

Confidential information provided to the Board shall be

maintained by the Board in a confidential manner as otherwise

required by state and federal law. Any person damaged by disclosure

of such confidential information by the Board or its members which

is not authorized by law may maintain an action for damages, costs,

and attorney fees pursuant to The Governmental Tort Claims Act;

7. Maintain all confidential information, documents, and

records in possession of the Board as confidential and not subject

to subpoena or discovery in any civil or criminal proceedings;

provided, however, such information, documents, and records

otherwise available from other sources shall not be exempt from

subpoena or discovery through such sources solely because such

information, documents, and records were presented to or reviewed by

the Board; and

8. Exercise all incidental powers necessary and proper for the

implementation and administration of the Sexual Assault Forensic

Evidence (SAFE) Board.

C. The review and discussion of individual cases of sexual

assault evidence collection shall be conducted in executive session.

All discussions of individual cases and any writings produced by or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 170

created for the Board in the course of determining a remedial

measure to be recommended by the Board, as the result of a review of

an individual case of sexual assault evidence collection, shall be

privileged and shall not be admissible in evidence in any

proceeding. All other business shall be conducted in accordance

with the provisions of the Oklahoma Open Meeting Act. The Board

shall periodically conduct meetings to discuss organization and

business matters and any actions or recommendations aimed at

improvement of the collection of sexual assault forensic evidence

which shall be subject to the Oklahoma Open Meeting Act.

D. The Board shall submit an annual statistical report on the

incidence of sexual assault forensic evidence collection in this

state for which the Board has completed its review during the past

calendar year including its recommendations, if any, to medical and

law enforcement systems. The Board shall also prepare and make

available to the public an annual report containing a summary of the

activities of the Board relating to the review of sexual assault

forensic evidence collection and an evaluation of whether the state

is efficiently discharging its sexual assault forensic evidence

collection responsibilities. The report shall be completed no later

than February 1 of the subsequent year.
Okla. Stat. tit. 21, § 21-142.35 — OK Code / Title 21 / Section 21-142.35
Denial of claim under act not to be construed as denying rights under Oklahoma Crime
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 3denying rights under Oklahoma Crime Victims Compensation Act -

Presumption.

If any victim is denied compensation or does not receive full

compensation under the Murrah Crime Victims Compensation Act, the

Murrah Crime Victims Compensation Act shall not be construed to deny

such victim the right to receive compensation as otherwise provided

under the Oklahoma Crime Victims Compensation Act. Any person or

the family of any person injured as a result of the crime specified

in the Murrah Crime Victims Compensation Act shall be presumed to be

a victim of crime compensable under the Oklahoma Crime Victims

Compensation Act.
Okla. Stat. tit. 21, § 21-142.18 — OK Code / Title 21 / Section 21-142.18
Victim compensation assessments - Probation or parole
Status: in_force

fees - Restitution funds.

A. In addition to the imposition of any costs, penalties or

fines imposed pursuant to law, any person convicted of, pleading

guilty to or agreeing to a deferred judgment procedure under the

provisions set forth in the Oklahoma Statutes for a felony involving

criminally injurious conduct shall be ordered to pay a victim

compensation assessment of at least Fifty Dollars ($50.00), but not

to exceed Ten Thousand Dollars ($10,000.00), for each crime for

which the person was convicted or for which the person agreed to a

deferred judgment procedure. In imposing this penalty, the court

shall consider factors such as the severity of the crime, the prior

criminal record, the expenses of the victim of the crime, and the

ability of the defendant to pay, as well as the economic impact of

the victim compensation assessment on the dependents of the

defendant.

B. In addition to the imposition of any costs, penalties or

fines imposed pursuant to law, any person convicted of, pleading

guilty to or agreeing to a deferred judgment procedure under the

provisions set forth in the Oklahoma Statutes for a felony or

misdemeanor offense, not including traffic offenses and not

including misdemeanor offenses of the Oklahoma Wildlife Conservation

Code or statutes relating to water safety, not described in

subsection A of this section, the court shall levy a victim

compensation assessment of at least Forty-five Dollars ($45.00), but

not to exceed One Thousand Dollars ($1,000.00) for each felony and

at least Thirty Dollars ($30.00), but not to exceed Three Hundred

Dollars ($300.00) for each misdemeanor upon every fine, penalty, and

forfeiture imposed and collected. When a cash bond is posted for

Oklahoma Statutes - Title 21. Crimes and Punishments Page 148

any offense included in this subsection, the bond shall also include

a sufficient amount to cover the minimum amount for victim

compensation assessment.

C. A victim compensation assessment of at least Thirty Dollars

($30.00), but not to exceed Two Thousand Dollars ($2,000.00), shall

be levied by the court at the time a child has been adjudicated by

the court as a delinquent child, provided the child is committed to

the Department of Juvenile Justice, as defined in Sections 2-1-103

and 2-7-503 of Title 10A of the Oklahoma Statutes.

D. All monies collected pursuant to this section shall be

forwarded monthly by the court clerk to the Victims Compensation

Revolving Fund.

E. In any municipal court of record in which the defendant is

ordered by the court to pay municipal court costs as a result of a

crime involving violence, the threat of violence, or sexual assault,

the court shall levy and collect a victims compensation assessment

of Thirty-five Dollars ($35.00). The municipal court clerk

collecting said assessment is authorized to deduct ten percent (10%)

of the amount collected from said Thirty-five Dollars ($35.00) for

administrative costs. In any municipal court of record in which the

defendant is ordered by the court to pay municipal court costs as a

result of driving under the influence of alcohol or other

intoxicating substance, or both alcohol and other intoxicating

substance, the court shall levy and collect a victims compensation

assessment of Twenty-five Dollars ($25.00). The municipal court

clerk collecting said assessment is authorized to deduct ten percent

(10%) of the amount collected from said Twenty-five Dollars ($25.00)

for administrative costs. All victims compensation assessments

collected by the municipal court clerk shall be forwarded to the

Crime Victims Compensation Fund on a quarterly basis.

F. Beginning July 1, 1996, the fee provided for in Section 991d

of Title 22 of the Oklahoma Statutes shall be deposited with the

State Treasurer and transferred to the Department of Corrections

Revolving Fund. There shall be a three-year statute of limitation

from the date of receipt of all restitution funds made payable to

the Department of Corrections. All restitution funds which have not

been disbursed in three (3) years shall be transferred to the

Oklahoma Crime Victims Compensation Fund by the 15th of the month

following the end of each quarter. The statute of limitations

applies to funds currently on the books of the Department of

Corrections which have not been disbursed as of July 1, 1993, and

July 1st of every year thereafter. Any funds being held since the

repeal of Section 991e of Title 22 of the Oklahoma Statutes, which

was effective July 1, 1995, shall be transferred to the Oklahoma

Crime Victims Compensation Fund by July 31, 1996. Any restitution

collected through a county restitution program and deposited in a

Oklahoma Statutes - Title 21. Crimes and Punishments Page 149

county treasury account shall also be forwarded to the Victims

Compensation Fund using the same three-year statute of limitations.
Okla. Stat. tit. 21, § 21-496 — OK Code / Title 21 / Section 21-496
Contradictory statements as perjury
Status: in_force

Whoever, in one or more trials, hearings, investigations,

depositions, certifications or declarations, in which the making or

subscribing of statements is required or authorized by law, makes or

subscribes two or more statements under oath, affirmation or other

legally binding assertion that the statements are true, when in fact

two or more of the statements contradict each other, is guilty of

perjury, a Class D1 felony offense.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 227
Okla. Stat. tit. 21, § 21-1577v2 — OK Code / Title 21 / Section 21-1577v2
Notes, checks, bills, drafts - Sale, exchange or
Status: in_force

delivery.

A. Every person who sells, exchanges or delivers for any

consideration any forged or counterfeited promissory note, check,

bill, draft, or other evidence of debt, or engagement for the

payment of money absolutely, or upon any contingency, knowing the

same to be forged or counterfeited, with intent to have the same

uttered or passed, or who offers any such note or other instrument

for sale, exchange or delivery for any consideration, with the like

Oklahoma Statutes - Title 21. Crimes and Punishments Page 746

knowledge and intent, or who receives any such note or other

instrument upon a sale, exchange or delivery for any consideration

with the like knowledge and intent, is punishable as follows:

1. If the value of the instrument is less than One Thousand

Dollars ($1,000.00), the person shall be guilty of misdemeanor

forgery punishable by imprisonment in the county jail for a term not

to exceed one (1) year, or by a fine not to exceed One Thousand

Dollars ($1,000.00), or by both such imprisonment and fine;

2. If the value of the instrument is 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 felony forgery, 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 One Thousand Dollars ($1,000.00), or by both such

imprisonment and fine;

3. If the value of the instrument is 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 felony forgery, 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 One Thousand Dollars ($1,000.00), or by both such

imprisonment and fine; or

4. If the value of the instrument is Fifteen Thousand Dollars

($15,000.00) or more, the person shall be guilty of felony forgery,

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 One Thousand Dollars ($1,000.00), or by both such

imprisonment and fine.

B. For purposes of this section, a series of offenses may be

aggregated into one offense when they are the result of the

formulation of a plan or scheme or the setting up of a mechanism

which, when put into operation, results in the taking or diversion

of money or property on a recurring basis. When all acts result

from a continuing course of conduct, they may be aggregated into one

crime. Acts forming an integral part of the first taking which

facilitate subsequent takings, or acts taken in preparation of

several takings which facilitate subsequent takings, are relevant to

determine the intent of the party to commit a continuing crime.
Okla. Stat. tit. 21, § 21-1699.2 — OK Code / Title 21 / Section 21-1699.2
Exemptions
Status: in_force

Nothing in this act shall prohibit any of the following:

1. The use of dogs in hunting as permitted by the Game and Fish

Code and by the rules and regulations adopted by the Oklahoma

Wildlife Conservation Commission;

2. The use of dogs in the management of livestock by the owner

of such livestock or his employees or agents or other persons in

lawful custody thereof;

3. The training of dogs or the use of equipment in the training

of dogs for any purpose not prohibited by law; or

4. The raising, breeding, keeping or training of dogs or the

use of equipment for the raising, breeding, keeping or training of

dogs for sale or show purposes.
Okla. Stat. tit. 21, § 21-1709 — OK Code / Title 21 / Section 21-1709
Larceny of written instrument - Value
Status: in_force

If the thing stolen consists of any evidence of debt or other

written instrument, the amount of money due thereon or secured to be

paid thereby and remaining unsatisfied, or which in any contingency

might be collected thereon, or the value of the property the title

to which is shown thereby, or the sum of which might be recovered in

the absence thereof, as the case may be, shall be deemed the value

of the thing stolen.
Okla. Stat. tit. 21, § 21-1194 — OK Code / Title 21 / Section 21-1194
Gas tar, throwing into public water
Status: in_force

Every person who throws or deposits any gas tar, or refuse of

any gas house or factory, into any public waters, river or stream,

or into any sewer or stream emptying into any such public waters,

river or stream, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1123v2 — OK Code / Title 21 / Section 21-1123v2
Lewd or indecent proposals or acts as to child under 16
Status: in_force

or person believed to be under 16 – Sexual battery.

A. It is a felony for any person to knowingly and

intentionally:

1. Make any oral, written or electronically or computer-

generated lewd or indecent proposal to any child under sixteen (16)

years of age, or other individual the person believes to be a child

under sixteen (16) years of age, for the child to have unlawful

sexual relations or sexual intercourse with any person;

2. Look upon, touch, maul, or feel the body or private parts of

any child under sixteen (16) years of age in any lewd or lascivious

manner by any acts against public decency and morality, as defined

by law;

3. Ask, invite, entice, or persuade any child under sixteen

(16) years of age, or other individual the person believes to be a

child under sixteen (16) years of age, to go alone with any person

to a secluded, remote, or secret place, with the unlawful and

willful intent and purpose then and there to commit any crime

against public decency and morality, as defined by law, with the

child;

4. In any manner lewdly or lasciviously look upon, touch, maul,

or feel the body or private parts of any child under sixteen (16)

years of age in any indecent manner or in any manner relating to

sexual matters or sexual interest; or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 494

5. In a lewd and lascivious manner and for the purpose of

sexual gratification:

a. urinate or defecate upon a child under sixteen (16)

years of age, or force or require a child to defecate

or urinate upon the body or private parts of another,

or for the purpose of sexual gratification,

b. ejaculate upon or in the presence of a child,

c. cause, expose, force or require a child to look upon

the body or private parts of another person,

d. force or require any child under sixteen (16) years of

age or other individual the person believes to be a

child under sixteen (16) years of age, to view any

obscene materials, child sexual abuse material or

materials deemed harmful to minors as such terms are

defined by Sections 1024.1 and 1040.75 of this title,

e. cause, expose, force or require a child to look upon

sexual acts performed in the presence of the child, or

f. force or require a child to touch or feel the body or

private parts of the child or another person.

Any person convicted of any violation of this subsection shall

be punished by imprisonment in the custody of the Department of

Corrections for not less than three (3) years nor more than twenty

(20) years, except when the child is under twelve (12) years of age

at the time the offense is committed, and in such case the person

shall, upon conviction, be punished by death or by imprisonment in

the custody of the Department of Corrections for a term of not less

than ten (10) years, life, or life without parole. The provisions

of this subsection shall not apply unless the accused is at least

three (3) years older than the victim, except when accomplished by

the use of force or fear. Except as provided in Section 51.1a of

this title, any person convicted of a second or subsequent violation

of this subsection shall be guilty of a felony punishable as

provided in this subsection and shall not be eligible for probation,

suspended or deferred sentence. Except as provided in Section 51.1a

of this title, any person convicted of a third or subsequent

violation of this subsection shall be guilty of a felony punishable

by imprisonment in the custody of the Department of Corrections for

a term of life or life without parole, in the discretion of the

jury, or in case the jury fails or refuses to fix punishment then

the same shall be pronounced by the court. Any person convicted of

a violation of this subsection after having been twice convicted of

a violation of subsection A of Section 1114 of this title, Section

888 of this title, sexual abuse of a child pursuant to Section 843.5

of this title, or of any attempt to commit any of these offenses or

any combination of convictions pursuant to these sections shall be

punished by imprisonment in the custody of the Department of

Corrections for a term of life or life without parole.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 495

B. No person shall commit sexual battery on any other person.

"Sexual battery" shall mean the intentional touching, mauling or

feeling of the body or private parts of any person sixteen (16)

years of age or older, in a lewd and lascivious manner:

1. Without the consent of that person;

2. When committed by a state, county, municipal or political

subdivision employee or a contractor or an employee of a contractor

of the state, a county, a municipality or political subdivision of

this state upon a person who is under the legal custody, supervision

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

political subdivision of this state, 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 of this state;

3. When committed upon a person who is at least sixteen (16)

years of age and is less than twenty (20) years of age and is a

student, or in the legal custody or supervision of any public or

private elementary or secondary school, or technology center school,

by a person who is eighteen (18) years of age or older and is an

employee of a school system;

4. When committed upon a person who is nineteen (19) years of

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

federal agency or a tribal court, by a foster parent or foster

parent applicant; or

5. When 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

student is enrolled.

As used in this subsection, "employee of an institution of

higher education" 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.

As used in this subsection, "employee of a school system" means

a teacher, principal or other duly appointed person employed by a

school system or an employee of a firm contracting with a school

system.

C. No person shall in any manner lewdly or lasciviously:

1. Look upon, touch, maul, or feel the body or private parts of

any human corpse in any indecent manner relating to sexual matters

or sexual interest; or

2. Urinate, defecate or ejaculate upon any human corpse.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 496

D. Any person convicted of a violation of subsection B or C of

this section shall be deemed guilty of a felony and shall be

punished by imprisonment in the custody of the Department of

Corrections for not more than ten (10) years.

E. The fact that an undercover operative or law enforcement

officer was involved in the detection and investigation of an

offense pursuant to this section shall not constitute a defense to a

prosecution under this section.

F. 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.
Okla. Stat. tit. 21, § 21-842.2 — OK Code / Title 21 / Section 21-842.2
Penalties
Status: in_force

Any person convicted of violating the provisions of Section

842.1 of this title or rules promulgated pursuant thereto shall be

guilty of a misdemeanor punishable by imprisonment in the county

jail not to exceed ninety (90) days, a fine of not more than Five

Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
Okla. Stat. tit. 21, § 21-1502 — OK Code / Title 21 / Section 21-1502
Fraudulent advertising prohibited - Punishment
Status: in_force

Any person, firm, corporation or association who, with intent to

sell or in anywise dispose of merchandise, securities, service or

anything offered by such person, firm, corporation or association,

directly or indirectly, to the public for sale or distribution, or

with intent to increase the consumption thereof, or to induce the

public in any manner to enter into any obligation relating thereto,

or to acquire title thereto, or an interest therein, makes,

publishes, disseminates, circulates or places before the public, or

causes directly or indirectly to be made, published, disseminated,

circulated or placed before the public in this state, in a newspaper

or publication or in form of a book, notice, handbill, poster, bill,

circular, pamphlet or letter, or in any other way, an advertisement

of any sort regarding merchandise, securities, service or anything

so offered to the public, which advertisement contains any

assertion, representation or statement of fact which is untrue,

deceptive or misleading, shall be guilty of a misdemeanor and on

conviction thereof shall be punished by a fine of not less than Ten

Dollars ($10.00) nor more than Fifty ($50.00) or by imprisonment in

the county jail not exceeding twenty (20) days, or both such fine

and imprisonment.
Okla. Stat. tit. 21, § 21-1549 — OK Code / Title 21 / Section 21-1549
Changes of serial numbers by original manufacturer
Status: in_force

The provisions of this act shall not apply to changes of serial

numbers authorized and made by the original manufacturer.
Okla. Stat. tit. 21, § 21-692 — OK Code / Title 21 / Section 21-692
Homicide classified
Status: in_force

Homicide is either:

1. Murder;

2. Manslaughter;

3. Excusable homicide; or,

4. Justifiable homicide.
Okla. Stat. tit. 21, § 21-1115v1 — OK Code / Title 21 / Section 21-1115v1
Rape in first degree a felony
Status: in_force

Rape in the first degree is a felony punishable by death or

imprisonment in the State Penitentiary, not less than five (5)

years, except as provided in Section 3 of this act, in the

discretion of the jury, or in case the jury fails or refuses to fix

the punishment then the same shall be pronounced by the court.
Okla. Stat. tit. 21, § 21-1642 — OK Code / Title 21 / Section 21-1642
Director presumed to have assented, when
Status: in_force

Any director of a corporation or joint stock association, who is

present at a meeting of the directors at which any act, proceeding

or omission of such directors, in violation of this article occurs,

is deemed to have concurred therein, unless he at the time causes,

or in writing requires, his dissent therefrom to be entered in the

minutes of the directors.
Okla. Stat. tit. 21, § 21-1707 — OK Code / Title 21 / Section 21-1707
Grand larceny in house or vessel a felony
Status: in_force

When it appears upon a trial for grand larceny that the larceny

alleged was committed in any dwelling house or vessel, the offender

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.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 782

R.L. 1910, § 2658. Amended by Laws 1997, c. 133, § 391, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 283, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-1024.1v1 — OK Code / Title 21 / Section 21-1024.1v1
Definitions
Status: in_force

A. As used in Sections 1021, 1021.1 through 1021.4, Sections

1022 through 1024, and Sections 1040.8 through 1040.24 of this

title, "child sexual abuse material" means and includes any visual

depiction or individual image stored or contained in any format on

any medium including, but not limited to, film, motion picture,

videotape, photograph, negative, undeveloped film, slide,

photographic product, reproduction of a photographic product, play

or performance wherein a minor under the age of eighteen (18) years

is engaged in any act with a person, other than his or her spouse,

of sexual intercourse which is normal or perverted, in any act of

anal sodomy, in any act of sexual activity with an animal, in any

act of sadomasochistic abuse including, but not limited to,

flagellation or torture, or the condition of being fettered, bound

or otherwise physically restrained in the context of sexual conduct,

in any act of fellatio or cunnilingus, in any act of excretion in

the context of sexual conduct, in any lewd exhibition of the

uncovered genitals in the context of masturbation or other sexual

conduct, or where the lewd exhibition of the uncovered genitals,

buttocks or, if such minor is a female, the breast, has the purpose

of sexual stimulation of the viewer, or wherein a person under the

age of eighteen (18) years observes such acts or exhibitions. Each

visual depiction or individual image shall constitute a separate

item and multiple copies of the same identical material shall each

be counted as a separate item.

B. As used in Sections 1021 through 1024.4 and Sections 1040.8

through 1040.24 of this title:

1. "Obscene material" means and includes any representation,

performance, depiction or description of sexual conduct, whether in

any form or on any medium including still photographs, undeveloped

photographs, motion pictures, undeveloped film, videotape, optical,

magnetic or solid-state storage, CD or DVD, or a purely photographic

product or a reproduction of such product in any book, pamphlet,

magazine, or other publication or electronic or photo-optical

format, if said items contain the following elements:

a. depictions or descriptions of sexual conduct which are

patently offensive as found by the average person

applying contemporary community standards,

b. taken as a whole, have as the dominant theme an appeal

to prurient interest in sex as found by the average

person applying contemporary community standards, and

c. a reasonable person would find the material or

performance taken as a whole lacks serious literary,

Oklahoma Statutes - Title 21. Crimes and Punishments Page 424

artistic, educational, political, or scientific

purposes or value.

The standard for obscenity applied in this section shall not apply

to child sexual abuse material;

2. "Performance" means and includes any display, live or

recorded, in any form or medium;

3. "Sexual conduct" means and includes any of the following:

a. acts of sexual intercourse including any intercourse

which is normal or perverted, actual or simulated,

b. acts of deviate sexual conduct, including oral and

anal sodomy,

c. acts of masturbation,

d. acts of sadomasochistic abuse including but not

limited to:

(1) flagellation or torture by or upon any person who

is nude or clad in undergarments or in a costume

which is of a revealing nature, or

(2) the condition of being fettered, bound, or

otherwise physically restrained on the part of

one who is nude or so clothed,

e. acts of excretion in a sexual context, or

f. acts of exhibiting human genitals or pubic areas; and

4. "Explicit child sexual abuse material" means material which

a law enforcement officer can immediately identify upon first

viewing without hesitation as child sexual abuse material.

The types of sexual conduct described in paragraph 3 of this

subsection are intended to include situations when, if appropriate

to the type of conduct, the conduct is performed alone or between

members of the same or opposite sex or between humans and animals in

an act of apparent sexual stimulation or gratification.
Okla. Stat. tit. 21, § 21-950 — OK Code / Title 21 / Section 21-950
Officers receiving consideration for protection against
Status: in_force

arrest or conviction - Issuance of license, permit, etc.,

prohibited.

Any state, county, city, or township officer, or other person

who shall hold for, receive or collect any money, or other valuable

consideration, either for his own or the public use, for and with

the understanding that he will aid, exempt or otherwise assist said

person from arrest or conviction for a violation of any of the

provisions of this article, or who shall issue, deliver or cause to

be delivered to any person or persons, any license, permit, or other

privileges, giving or pretending to give, any authority or right to

any person or persons, to carry on, conduct, open or cause to be

opened, any game or games which are forbidden or prohibited by any

of the provisions of Sections 941 through 953 of this title shall,

upon conviction, be deemed guilty of a Class D3 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20P of this title.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 398
Okla. Stat. tit. 21, § 21-274 — OK Code / Title 21 / Section 21-274
Selling appointments to office
Status: in_force

Every person who, directly or indirectly, asks or receives or

promises to receive any gratuity or reward, or any promise of a

gratuity or reward for appointing another person or procuring for

another person an appointment to any public office or any clerkship,

deputation or other subordinate position in any public office, is

punishable by imprisonment in the county jail not less than six (6)

months nor more than one (1) year, or by a fine not less than Two

Hundred Dollars ($200.00) nor more than One Thousand Dollars

($1,000.00) or both.

R.L. 1910, § 2157.
Okla. Stat. tit. 21, § 21-1550.32 — OK Code / Title 21 / Section 21-1550.32
Receiving of money, goods or services in violation of
Status: in_force

Section 1550.29.

A person who receives money, goods, services or anything else of

value obtained in violation of Section 1550.29 of this title with

the knowledge or belief that it was so obtained is, upon conviction,

guilty of a Class D3 felony offense and is subject to the penalties

set forth in subsection C of Section 1550.33 of this title.
Okla. Stat. tit. 21, § 21-20L — OK Code / Title 21 / Section 21-20L
Class C1 offenses
Status: in_force

A. Upon the effective date of this act, Class C1 shall include

the following criminal offenses:

1. Assisting a prisoner, who is confined in prison for a

felony, to escape from prison, as provided for in paragraph 1 of

Section 437 of Title 21 of the Oklahoma Statutes;

2. Carrying in or sending into a prison anything useful to aid

a prisoner, who is confined in prison for a felony, in escaping from

prison, as provided for in paragraph 1 of Section 438 of Title 21 of

the Oklahoma Statutes;

3. Harboring, assisting, or concealing any person guilty of a

felony, outlaw, or fugitive from justice, as provided for in

subsection A of Section 440 of Title 21 of the Oklahoma Statutes;

4. Preventing or attempting to prevent any person from giving

testimony or producing records or documents, as provided for in

subsection A of Section 455 of Title 21 of the Oklahoma Statutes;

5. Threatening physical harm through force or fear or causing

physical harm to any person who provided testimony in any civil or

criminal trial or proceeding, as provided for in subsection B of

Section 455 of Title 21 of the Oklahoma Statutes;

6. Endangering any other person while attempting to elude a

peace officer or causing an accident resulting in great bodily

injury while eluding or attempting to elude a peace officer, as

provided for in subsection B or C of Section 540A of Title 21 of the

Oklahoma Statutes;

7. Fighting any duel, as provided for in Section 662 of Title

21 of the Oklahoma Statutes;

8. Financial exploitation of an elderly or disabled adult with

funds, assets, or property valued at One Hundred Thousand Dollars

($100,000.00) or more, as provided for in paragraph 1 of subsection

B of Section 843.4 of Title 21 of the Oklahoma Statutes;

9. Arson in the third degree by setting fire, burning, or using

explosive devices to burn any property, as provided for in

subsection A of Section 1403 of Title 21 of the Oklahoma Statutes;

10. Arson in the fourth degree by placing or distributing any

flammable, explosive, or combustible material or substance in any

Oklahoma Statutes - Title 21. Crimes and Punishments Page 67

building or property with the intent to set fire to or burn the

same, as provided for in subsection B of Section 1404 of Title 21 of

the Oklahoma Statutes;

11. Burglary in the second degree by breaking and entering into

the dwelling house of another in which no human is present, as

provided for in subsection A of Section 1435 of Title 21 of the

Oklahoma Statutes;

12. Stealing in the night time from the person of another, as

provided for in Section 1708 of Title 21 of the Oklahoma Statutes;

13. Receiving, acquiring, or concealing proceeds or engaging in

transactions involving proceeds of Ten Thousand Dollars ($10,000.00)

or more that were derived from unlawful activities, as provided for

in paragraph 3 of subsection G of Section 2001 of Title 21 of the

Oklahoma Statutes;

14. Making a false affidavit, as provided for in Section 6-302

of Title 47 of the Oklahoma Statutes;

15. Using or soliciting the use of services of a minor to

distribute, dispense, transport, or cultivate a controlled dangerous

substance, as provided for in subsection E of Section 2-401 of Title

63 of the Oklahoma Statutes;

16. Transporting with intent to distribute or dispense,

distributing, or possessing with intent to distribute a controlled

dangerous substance within two thousand (2,000) feet of a public or

private school, college or university, park, or child care facility,

as provided for in subsection F of Section 2-401 of Title 63 of the

Oklahoma Statutes;

17. Acquiring or obtaining possession of a controlled dangerous

substance by a registrant through misrepresentation, fraud, forgery,

deception, or subterfuge, as provided for in paragraph 3 of

subsection A of Section 2-406 of Title 63 of the Oklahoma Statutes;

18. Employing, hiring, or using a minor to transport, carry,

sell, give away, prepare for sale, or peddle any controlled

dangerous substance, as provided for in subsection A of Section 2-

419.1 of Title 63 of the Oklahoma Statutes;

19. Employing, hiring, or using a minor to transport, carry,

sell, give away, prepare for sale, or peddle any controlled

dangerous substance subsequent to a previous conviction of the same,

as provided for in subsection C of Section 2-419.1 of Title 63 of

the Oklahoma Statutes;

20. Evading federal reporting requirements or other federal

money laundering laws, as provided for in Section 2-503.1f of Title

63 of the Oklahoma Statutes;

21. Owning, operating, or conducting a chop shop, as provided

for in paragraph 1 of subsection A of Section 4253 of Title 63 of

the Oklahoma Statutes;

Oklahoma Statutes - Title 21. Crimes and Punishments Page 68

22. Transporting any vessel, motor, or vessel or motor parts to

or from a chop shop, as provided for in paragraph 2 of subsection A

of Section 4253 of Title 63 of the Oklahoma Statutes; and

23. Selling, transferring, purchasing, or receiving any vessel,

motor, or vessel or motor parts to or from a chop shop, as provided

for in paragraph 3 of subsection A of Section 4253 of Title 63 of

the Oklahoma Statutes.

B. Any person convicted of a Class C1 criminal offense set

forth in this section shall be punished by imprisonment in the

custody of the Department of Corrections for a term of not more than

eight (8) years and shall serve at least twenty-five percent (25%)

of the sentence imposed before release from custody including

release to electronic monitoring pursuant to Section 510.9 of Title

57 of the Oklahoma Statutes.

C. 1. Every person who, having been previously convicted of

one or two Class C or Class D criminal offenses, commits a Class C1

criminal offense shall, upon conviction, be punished by imprisonment

in the custody of the Department of Corrections for a term of not

less than two (2) years nor more than twelve (12) years and shall

serve at least twenty-five percent (25%) of the sentence imposed

before release from custody including release to electronic

monitoring pursuant to Section 510.9 of Title 57 of the Oklahoma

Statutes.

2. Every person who, having been previously convicted of three

Class C or Class D criminal offenses, or one or more Class Y, Class

A, or Class B criminal offenses, commits a Class C1 criminal offense

shall, upon conviction, be punished by imprisonment in the custody

of the Department of Corrections for a term of not less than two (2)

years nor more than thirty (30) years and shall serve at least fifty

percent (50%) of the sentence imposed before release from custody

including release to electronic monitoring pursuant to Section 510.9

of Title 57 of the Oklahoma Statutes.

D. 1. Unless specifically exempted pursuant to subsection E of

this section, Section 51.1 of Title 21 of the Oklahoma Statutes

shall not apply to Class C1 criminal offenses.

2. The criminal offenses listed in paragraphs 15 and 18 of

subsection A of this section shall be exempt from the penalty

provisions provided for in subsections B and C of this section.

Persons convicted of the criminal offenses provided for in

paragraphs 15 and 18 of subsection A of this section shall be

punished in accordance with the corresponding penalties provided for

in the Oklahoma Statutes including Section 51.1 of Title 21 of the

Oklahoma Statutes.

3. The criminal offense listed in paragraph 19 of subsection A

of this section shall be exempt from the penalty provision provided

for in subsection B of this section. Persons convicted of the

criminal offense provided for in paragraph 19 of subsection A of

Oklahoma Statutes - Title 21. Crimes and Punishments Page 69

this section shall be punished in accordance with the corresponding

penalties provided for in the Oklahoma Statutes including Section

51.1 of Title 21 of the Oklahoma Statutes. The provisions of

subsection C of this section still apply to the criminal offense

listed in paragraph 19 of subsection A of this section.

E. All Class C1 criminal offenses shall be punishable by the

corresponding fines as provided for in the Oklahoma Statutes.
Okla. Stat. tit. 21, § 21-1247 — OK Code / Title 21 / Section 21-1247
Smoking in certain public areas, indoor workplaces, and
Status: in_force

educational facilities prohibited - Exemptions - Penalty.

A. The possession of lighted tobacco in any form is a public

nuisance and dangerous to public health and is hereby prohibited

when such possession is in any indoor place used by or open to the

public, all parts of a zoo to which the public may be admitted,

whether indoors or outdoors, public transportation or any indoor

workplace, except where specifically allowed by law. Commercial

airport operators may prohibit the use of lighted tobacco or lighted

marijuana or the vaping of marijuana in any area that is open to or

used by the public whether located indoors or outdoors, provided

that the outdoor area is within one hundred seventy-five (175) feet

from an entrance.

As used in this section, "indoor workplace" means any indoor

place of employment or employment-type service for or at the request

of another individual or individuals, or any public or private

entity, whether part-time or full-time and whether for compensation

or not. Such services shall include, without limitation, any

service performed by an owner, employee, independent contractor,

agent, partner, proprietor, manager, officer, director, apprentice,

trainee, associate, servant or volunteer. An indoor workplace

includes work areas, employee lounges, restrooms, conference rooms,

classrooms, employee cafeterias, hallways, any other spaces used or

visited by employees and all space between a floor and ceiling that

is predominantly or totally enclosed by walls or windows, regardless

of doors, doorways, open or closed windows, stairways or the like.

The provisions of this section shall apply to such indoor workplace

at any given time, whether or not work is being performed.

B. All buildings and other properties, or portions thereof,

owned or operated by this state shall be designated as nonsmoking.

The tobacco smoking provisions of this subsection shall not apply to

veterans centers operated by this state pursuant to the provisions

of Section 221 et seq. of Title 72 of the Oklahoma Statutes, which

shall be designated nonsmoking effective January 1, 2015, at which

Oklahoma Statutes - Title 21. Crimes and Punishments Page 546

time veterans centers may establish outdoor designated smoking areas

for resident veterans only. Smoking tobacco shall only be allowed

in designated outdoor smoking areas.

C. Any building, property or portion of any building or

property owned or operated by a county or municipal government, or

any trust or authority with a county or municipal government as the

beneficiary, at the discretion of the county or municipal governing

body, may be designated as a smoke-free location. For the purposes

of this subsection, "smoke-free location" means a location where the

use of tobacco, nicotine, marijuana or other lawful products

consumed in a smoked or vaporized manner are prohibited.

D. All educational facilities or portions thereof as defined in

the Smoking in Public Places and Indoor Workplaces Act and all

educational facilities as defined in the 24/7 Tobacco-free Schools

Act shall be designated as nonsmoking as provided for in Section 1-

1523 of Title 63 of the Oklahoma Statutes. All campuses, buildings

and grounds, or portions thereof, owned or operated by an

institution within The Oklahoma State System of Higher Education may

be designated as tobacco and marijuana free including smoking or

smokeless tobacco or smokable or vaporable marijuana, by the

institution upon adoption of a policy stating the restrictions for

the institution and an intent to enforce the penalty for violations

as set forth in subsection M of this section.

E. No tobacco or marijuana smoking or marijuana vaping shall be

allowed within twenty-five (25) feet of the entrance or exit of any

building specified in subsection B, C or D of this section.

F. The restrictions on tobacco smoking provided in this section

shall not apply to stand-alone bars, stand-alone taverns and cigar

bars as defined in Section 1-1522 of Title 63 of the Oklahoma

Statutes.

G. The restrictions on tobacco smoking provided in this section

shall not apply to the following:

1. The room or rooms where licensed charitable bingo games are

being operated, but only during the hours of operation of such

games;

2. Up to twenty-five percent (25%) of the guest rooms at a

hotel or other lodging establishment;

3. Retail tobacco stores predominantly engaged in the sale of

tobacco products and accessories and in which the sale of other

products is merely incidental and in which no food or beverage is

sold or served for consumption on the premises;

4. Workplaces where only the owner or operator of the

workplace, or the immediate family of the owner or operator,

performs any work in the workplace, and the workplace has only

incidental public access. "Incidental public access" means that a

place of business has only an occasional person, who is not an

employee, present at the business to transact business or make a

Oklahoma Statutes - Title 21. Crimes and Punishments Page 547

delivery. It does not include businesses that depend on walk-in

customers for any part of their business;

5. Workplaces occupied exclusively by one or more tobacco

smokers, if the workplace has only incidental public access;

6. Private offices occupied exclusively by one or more smokers;

7. Workplaces within private residences, except that smoking

tobacco or marijuana or vaping marijuana shall not be allowed inside

any private residence that is used as a licensed child care facility

during hours of operation;

8. Medical research or treatment centers, if tobacco smoking is

integral to the research or treatment. Furthermore, the

restrictions on smoking or vaping of marijuana provided in this

section shall not apply to medical research or treatment centers, if

marijuana smoking or vaping is integral to the research or

treatment;

9. A facility operated by a post or organization of past or

present members of the Armed Forces of the United States which is

exempt from taxation pursuant to Section 501(c)(8), 501(c)(10) or

501(c)(19) of the Internal Revenue Code, 26 U.S.C., Section

501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized

exclusively by its members and their families and for the conduct of

post or organization nonprofit operations except during an event or

activity which is open to the public; and

10. Any outdoor seating area of a restaurant; provided, smoking

tobacco or smoking or vaping marijuana shall not be allowed within

fifteen (15) feet of any exterior public doorway or any air intake

of a restaurant.

H. An employer not otherwise restricted from doing so may elect

to provide tobacco smoking rooms where no work is performed except

for cleaning and maintenance during the time the room is not in use

for tobacco smoking, provided each tobacco smoking room is fully

enclosed and exhausted directly to the outside in such a manner that

no tobacco smoke can drift or circulate into a nonsmoking area. No

exhaust from a tobacco smoking room shall be located within fifteen

(15) feet of any entrance, exit or air intake.

I. If tobacco smoking is to be permitted in any space exempted

in subsection F or G of this section or in a tobacco smoking room

pursuant to subsection H of this section, such tobacco smoking space

must either occupy the entire enclosed indoor space or, if it shares

the enclosed space with any nonsmoking areas, the tobacco smoking

space shall be fully enclosed, exhausted directly to the outside

with no air from the tobacco smoking space circulated to any

nonsmoking area, and under negative air pressure so that no tobacco

smoke can drift or circulate into a nonsmoking area when a door to

an adjacent nonsmoking area is opened. Air from a tobacco smoking

room shall not be exhausted within fifteen (15) feet of any

entrance, exit or air intake. Any employer may choose a more

Oklahoma Statutes - Title 21. Crimes and Punishments Page 548

restrictive tobacco smoking policy including being totally tobacco

smoke free.

J. Notwithstanding any other provision of this section, until

March 1, 2006, restaurants may have designated tobacco smoking and

nonsmoking areas or may be designated as being a totally nonsmoking

area. Beginning March 1, 2006, restaurants shall be totally

nonsmoking or may provide nonsmoking areas and designated tobacco

smoking rooms. Food and beverage may be served in such designated

tobacco smoking rooms which shall be in a location which is fully

enclosed, directly exhausted to the outside, under negative air

pressure so tobacco smoke cannot escape when a door is opened, and

no air is recirculated to nonsmoking areas of the building. No

exhaust from such room shall be located within twenty-five (25) feet

of any entrance, exit or air intake. Such room shall be subject to

verification for compliance with the provisions of this subsection

by the State Department of Health.

K. The person who owns or operates a place where tobacco

smoking or use is prohibited by law shall be responsible for posting

a sign or decal, at least four (4) inches by two (2) inches in size,

at each entrance to the building indicating that the place is smoke-

free or tobacco-free.

L. Responsibility for posting signs or decals shall be as

follows:

1. In privately owned facilities, the owner or lessee, if a

lessee is in possession of the facilities, shall be responsible;

2. In corporately owned facilities, the manager and/or

supervisor of the facility involved shall be responsible; and

3. In publicly owned facilities, the manager and/or supervisor

of the facility shall be responsible.

M. Any person who knowingly violates the provisions of this

section shall be punished by a citation and fine of not more than

One Hundred Dollars ($100.00).
Okla. Stat. tit. 21, § 21-501 — OK Code / Title 21 / Section 21-501
Summary committal of witness
Status: in_force

Whenever it appears probable in any court of record, that any

person who has testified in any action or proceeding in such court

has committed perjury, such court must immediately commit such

person by an order or process for that purpose to prison or take a

recognizance with sureties for his appearance and answering to an

indictment for perjury.
Okla. Stat. tit. 21, § 21-5 — OK Code / Title 21 / Section 21-5
Felony defined
Status: in_force

A felony is a crime which is, or may be, punishable with death,

or by imprisonment in the penitentiary.

R.L. 1910, § 2086. Amended by Laws 1997, c. 133, § 11, eff. July 1,

1999; Laws 1999, 1st Ex.Sess., c. 5, § 2, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 11 from July 1, 1998, to July 1, 1999.
Okla. Stat. tit. 21, § 21-142.34 — OK Code / Title 21 / Section 21-142.34
Compensation for loss - Limits
Status: in_force

A. To the extent that funds from the Murrah Crime Victims

Compensation Fund are available, the claimants shall be compensated

for all losses which would otherwise be compensable under the

Oklahoma Crime Victims Compensation Act and in addition shall be

compensated for the costs of any counseling or mental health care

for the victims and families of victims which is necessary as a

result of the bombing that took place in front of the Alfred P.

Murrah Federal Building on April 19, 1995, provided, a claimant

shall not be compensated for a loss which is compensated through a

collateral source or a private fund established for that purpose.

B. The Administrator of the Oklahoma Crime Victims Compensation

Board is authorized to expend amounts from the Murrah Crime Victims

Compensation Fund for individual claims up to the limits otherwise

provided in the Oklahoma Crime Victims Compensation Act; provided,

that the Administrator is further authorized to expend additional

monies from the Fund on a pro rata basis to all claimants, if the

amounts within the Fund are sufficient to allow the Administrator to

exceed the limits set by this section.
Okla. Stat. tit. 21, § 21-953 — OK Code / Title 21 / Section 21-953
Accomplice testimony - Force of same
Status: in_force

Any person charged with a violation of any of the provisions of

this act may be convicted on the uncorroborated testimony of an

accomplice, and the judgment thereon shall not be set aside or

reversed by reason of the fact that such conviction was based on the

testimony of an accomplice.
Okla. Stat. tit. 21, § 21-81 — OK Code / Title 21 / Section 21-81
Testimony - Privilege of witnesses and perjury
Status: in_force

The various sections of this Chapter which declare that evidence

obtained upon the examination of a person as a witness shall not be

received against him in any criminal proceeding, do not forbid such

evidence being proved against such person upon any proceedings

founded upon a charge of perjury committed in such examination.
Okla. Stat. tit. 21, § 21-445 — OK Code / Title 21 / Section 21-445
Unauthorized entry into penal institution, jail, etc. -
Status: in_force

Penalties.

Any person who willfully gains unauthorized entry into any state

penal institution, jail, any place where prisoners are located, or

the penal institution grounds, 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 the

imposition of a fine of not less than Five Hundred Dollars ($500.00)

or more than One Thousand Dollars ($1,000.00), or by both such fine

and imprisonment.
Okla. Stat. tit. 21, § 21-65 — OK Code / Title 21 / Section 21-65
Civil rights suspended
Status: in_force

A sentence of imprisonment under the Department of Corrections

suspends all the civil rights of the person so sentenced, except the

Oklahoma Statutes - Title 21. Crimes and Punishments Page 127

right to make employment contracts, during confinement under said

sentence, subject to the approval of the Director of the Department

of Corrections, when this benefits the vocational training or

release preparation of the prisoner, and forfeits all public

offices, and all private trusts, authority or power, during the term

of such imprisonment. Provided however, such persons during

confinement shall not be eligible to receive benefits under the

unemployment compensation law.

R.L. 1910, § 2813; Laws 1976, c. 163, § 2, emerg. eff. June 1, 1976.
Okla. Stat. tit. 21, § 21-649 — OK Code / Title 21 / Section 21-649
Assault, battery or assault and battery upon police
Status: in_force

officer or other peace officer - Penalties.

A. Every person who, without justifiable or excusable cause,

knowingly commits any assault upon the person of a police officer,

sheriff, deputy sheriff, highway patrolman, corrections personnel,

or state peace officer employed or duly appointed by any state

governmental agency to enforce state laws while the officer is in

the performance of his or her duties is punishable by imprisonment

in the county jail not exceeding six (6) months, or by a fine not

exceeding Five Hundred Dollars ($500.00), or by both such fine and

imprisonment.

B. Every person who, without justifiable or excusable cause

knowingly commits battery or assault and battery upon the person of

a police officer, sheriff, deputy sheriff, highway patrolman,

corrections personnel, or other state peace officer employed or duly

appointed by any state governmental agency to enforce state laws

while the officer is in the performance of his or her duties, upon

conviction, shall be guilty of a Class B5 felony offense punishable

by imprisonment in the custody of the Department of Corrections of

not more than five (5) years or county jail for a period not to

exceed one (1) year, or by a fine not exceeding Five Hundred Dollars

($500.00), or by both such fine and imprisonment.

C. As used in this section and in Section 650 of this title,

"corrections personnel" means any person, employed or duly appointed

by the state or by a political subdivision, who has direct contact

with inmates of a jail or state correctional facility, and includes

but is not limited to, Department of Corrections personnel in job

classifications requiring direct contact with inmates, persons

providing vocational-technical training to inmates, education

personnel who have direct contact with inmates because of education

programs for inmates, and persons employed or duly appointed by

county or municipal jails to supervise inmates or to provide medical

treatment or meals to inmates of jails.

D. For the purposes of this section, assault and battery upon

law officers includes any attempt to reach for or gain control of

the firearm of any police officer, sheriff, deputy sheriff, highway

patrol, corrections personnel as defined in Section 649 of this

title, or any peace officer employed by any state or federal

governmental agency to enforce state laws.

E. For purposes of this section, if an officer is off duty and

the nature of the assault or assault and battery relates back to, or

in any manner or circumstances has to do with, his or her official

position as a law enforcement officer then it shall fall within the

meaning of "in the performance of his or her duties" as an officer.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 283

F. This section shall not supersede any other act or acts, but

shall be cumulative thereto.
Okla. Stat. tit. 21, § 21-1031v1 — OK Code / Title 21 / Section 21-1031v1
Punishment for violations - Fines - Knowingly engaging
Status: in_force

in prostitution while infected with HIV - Violations within certain

distance from school or church.

A. Except as provided in subsection B, C, D, or E of this

section, any person violating any of the provisions of Section 1028,

paragraph 1, 2, 3, or 5 of subsection A of Section 1029, or Section

1030 of this title shall, upon conviction, be guilty of a

misdemeanor and shall be punished by imprisonment in the county jail

for not less than thirty (30) days nor more than one (1) year or by

fines as follows: a fine not more than Two Thousand Five Hundred

Dollars ($2,500.00) upon the first conviction for violation of any

of such provisions, a fine not more than Five Thousand Dollars

($5,000.00) upon the second conviction for violation of any of such

provisions, and a fine not more than Seven Thousand Five Hundred

Dollars ($7,500.00) upon the third or subsequent convictions for

violation of any of such provisions, or by both such imprisonment

and fine. In addition, the court may require a term of community

service not less than forty (40) nor more than eighty (80) hours.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 433

The court in which any such conviction is had shall notify the

county superintendent of public health of such conviction.

B. Any person who engages in an act of prostitution with

knowledge that he or she is infected with the human immunodeficiency

virus shall, upon conviction, be guilty of a felony punishable by

imprisonment in the custody of the Department of Corrections for not

more than five (5) years.

C. Any person who engages in an act of child sex trafficking as

defined in Section 1030 of this title shall, upon conviction, be

guilty of a felony punishable by imprisonment in the custody of the

Department of Corrections for not more than ten (10) years and by

fines as follows: a fine not more than Five Thousand Dollars

($5,000.00) upon the first conviction, a fine not more than Ten

Thousand Dollars ($10,000.00) upon the second conviction, and a fine

not more than Fifteen Thousand Dollars ($15,000.00) upon the third

or subsequent convictions.

D. Any person violating any of the provisions of Section 1028,

1029 or 1030 of this title within one thousand (1,000) feet of a

school or church shall, upon conviction, be guilty of a felony and

shall be punished by imprisonment in the custody of the Department

of Corrections for not more than five (5) years or by fines as

follows: a fine not more than Two Thousand Five Hundred Dollars

($2,500.00) upon the first conviction for violation of any of such

provisions, a fine not more than Five Thousand Dollars ($5,000.00)

upon the second conviction for violation of any of such provisions,

and a fine not more than Seven Thousand Five Hundred Dollars

($7,500.00) upon the third or subsequent convictions for violation

of any of such provisions, or by both such imprisonment and fine.

In addition, the court may require a term of community service not

less than forty (40) nor more than eighty (80) hours. The court in

which any such conviction is had shall notify the county

superintendent of public health of such conviction.

E. Any person violating paragraph 4 of subsection A of Section

1029 of this title shall, upon conviction, be guilty of a felony and

shall be punished in accordance with the provisions of subsection B

of Section 1040.57 of this title.
Okla. Stat. tit. 21, § 21-310 — OK Code / Title 21 / Section 21-310
Witness refusing to attend legislature or committee
Status: in_force

Every person who, being duly summoned to attend as a witness

before either house of the Legislature or any committee thereof

authorized to summon witnesses, refuses or neglects without lawful

excuse to attend pursuant to such summons, is guilty of a

misdemeanor.
Okla. Stat. tit. 21, § 21-1436 — OK Code / Title 21 / Section 21-1436
Burglary - Sentences
Status: in_force

Burglary is a felony punishable by imprisonment in the custody

of the Department of Corrections as follows:

1. Burglary in the first degree for any term not less than

seven (7) years nor more than twenty (20) years;

2. Burglary in the second degree not exceeding seven (7) years;

and

3. Burglary in the third degree not exceeding five (5) years,

or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by

both such fine and imprisonment.

R.L. 1910, § 2616. Amended by Laws 1997, c. 133, § 357, eff. July

1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 250, eff. July 1, 1999;
Okla. Stat. tit. 21, § 21-732 — OK Code / Title 21 / Section 21-732
Justifiable homicide by officer
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 311

A. A peace officer, correctional officer, or any person acting

by his command in his aid and assistance, is justified in using

deadly force when:

1. The officer is acting in obedience to and in accordance with

any judgment of a competent court in executing a penalty of death;

or

2. In effecting an arrest or preventing an escape from custody

following arrest and the officer reasonably believes both that:

a. such force is necessary to prevent the arrest from

being defeated by resistance or escape, and

b. there is probable cause to believe that the person to

be arrested has committed a crime involving the

infliction or threatened infliction of serious bodily

harm, or the person to be arrested is attempting to

escape by use of a deadly weapon, or otherwise

indicates that he will endanger human life or inflict

great bodily harm unless arrested without delay; or

3. The officer is in the performance of his legal duty or the

execution of legal process and reasonably believes the use of the

force is necessary to protect himself or others from the infliction

of serious bodily harm; or

4. The force is necessary to prevent an escape from a penal

institution or other place of confinement used primarily for the

custody of persons convicted of felonies or from custody while in

transit thereto or therefrom unless the officer has reason to know:

a. the person escaping is not a person who has committed

a felony involving violence, and

b. the person escaping is not likely to endanger human

life or to inflict serious bodily harm if not

apprehended.

B. An officer or other person acting by the officer’s command

in the officer’s aid and assistance whose use of deadly force is

found during any pretrial hearing or proceeding to be unjustified

pursuant to this section may appeal such ruling to the Court of

Criminal Appeals within ten (10) days of the ruling. Priority shall

be given to appeals made pursuant to this subsection and an order

staying proceedings shall be entered pending the outcome of the

appeal. If an appeal is not brought within ten (10) days of the

ruling, the officer waives the right to immediate appeal of the

ruling but does not waive any right to assert the claim at trial or

upon direct appeal.
Okla. Stat. tit. 21, § 21-1509 — OK Code / Title 21 / Section 21-1509
Animals, false pedigree of
Status: in_force

Every person who by any false pretense shall obtain from any

club, association, society or company, for improving the breed of

cattle, horses, sheep, swine, or other domestic animals, the

registration of any animal in the herd register of any such club,

association, society, or company, or a transfer of any such

registration, and every person who shall knowingly give a false

pedigree of any animal, shall be deemed guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-993 — OK Code / Title 21 / Section 21-993
Evidence for prosecution - Accomplices - Immunity for
Status: in_force

witnesses.

A conviction for the violation of any of the provisions of this

act may be had upon the unsupported evidence of an accomplice or

participant, and such accomplice or participant shall be exempt from

prosecution for any offense in this act about which he may be

required to testify.
Okla. Stat. tit. 21, § 21-1266.3 — OK Code / Title 21 / Section 21-1266.3
Affiliation with parent or superior organization -
Status: in_force

Prima facie evidence of guilt.

As to any particular organization, proof of its affiliation with

a parent or superior organization, inside or outside of this state,

which engages in or advocates, abets, advises, or teaches, or a

purpose of which is to engage in or advocate, abet, advise, or

teach, any activities intended to overthrow, destroy, or alter, or

to assist in the overthrow, destruction, or alteration of, the

constitutional form of the government of the United States, or of

the State of Oklahoma, or of any political subdivision of either of

them, by force or violence, shall constitute prima facie evidence

that such particular organization engages in or advocates, abets,

advises, or teaches, or has as a purpose the engaging in or

advocating, abetting, advising, or teaching of, the same activities

with the same intent.
Okla. Stat. tit. 21, § 21-1040.57 — OK Code / Title 21 / Section 21-1040.57
Publishing reviews of sexual encounters — Penalties
Status: in_force

A. It shall be unlawful for any person who pays a fee for a

sexual encounter to publish a review of that sexual encounter or to

publish a review of the pubic area, buttocks, or breasts experienced

in the sexual encounter on a website that facilitates, encourages,

offers, solicits, or promotes sexual conduct with another for a fee.

B. 1. Any person who violates the provisions of this section

shall, upon conviction, be guilty of a felony punishable by

imprisonment in the Department of Corrections for a term not more

than three (3) years and by fines as follows:

a. not more than One Thousand Dollars ($1,000.00) upon

the first conviction,

b. not more than Two Thousand Five Hundred Dollars

($2,500.00) upon the second conviction, and

c. not more than Five Thousand Dollars ($5,000.00) upon

the third or subsequent convictions.

2. 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 not more than ten (10) years and by fines as

follows:

a. not more than Five Thousand Dollars ($5,000.00) upon

the first conviction,

b. not more than Ten Thousand Dollars ($10,000.00) upon

the second conviction, and

c. not more than Fifteen Thousand Dollars ($15,000.00)

upon the third or subsequent convictions.

3. The terms of imprisonment specified in this subsection shall

not be subject to statutory provisions for suspension, deferral, or

probation or state correctional institution earned credits accruing

from and after November 1, 1989, except for the achievement earned

credits authorized by subsection H of Section 138 of Title 57 of the

Oklahoma Statutes. To qualify for such achievement earned credits,

inmates must also be in compliance with the standards for Class

level 2 behavior, as defined in subsection D of Section 138 of Title

57 of the Oklahoma Statutes.

4. Upon a third conviction, the person shall be required to

register as a sex offender under the Sex Offenders Registration Act

and shall be assigned a risk level of one. Upon a sixth conviction,

the person shall be assigned a risk level of two.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 451

C. As used in this section, “publish” means to circulate,

deliver, distribute, disseminate, transmit, or otherwise make

available to another person.
Okla. Stat. tit. 21, § 21-1290.14 — OK Code / Title 21 / Section 21-1290.14
Safety and training course
Status: in_force

SAFETY AND TRAINING COURSE

A. Each applicant for a license to carry a concealed or

unconcealed handgun pursuant to the Oklahoma Self-Defense Act must

successfully complete a firearms safety and training course in this

state conducted by a registered and approved firearms instructor as

provided by the provisions of this section or from an interactive

online firearms safety and training course available electronically

via the Internet approved and certified by the Council on Law

Enforcement Education and Training. The applicant must further

demonstrate competence and qualification with an authorized pistol

to carry as a concealed or unconcealed handgun pursuant to the

provisions of the Oklahoma Self-Defense Act, except certain persons

may be exempt from such training requirement as provided by the

provisions of Section 1290.15 of this title.

B. The Council on Law Enforcement Education and Training

(CLEET) shall establish criteria for approving firearms instructors

and interactive online firearms safety and training courses

available electronically via the Internet for purposes of training

and qualifying individuals for a handgun license pursuant to the

provisions of the Oklahoma Self-Defense Act. Prior to submitting an

application for CLEET approval as a firearms instructor, applicants

shall attend a firearms instructor school, meeting the following

minimum requirements:

1. Firearms instructor training conducted by one of the

following entities:

a. Council on Law Enforcement Education and Training,

b. National Rifle Association,

c. Oklahoma Rifle Association,

d. federal law enforcement agencies, or

e. other professionally recognized organizations;

2. The course shall be at least sixteen (16) hours in length;

3. Upon completion of the course, the applicant shall be

qualified to provide instruction on pistols; and

4. Receive a course completion certificate.

All firearms instructors shall be required to meet the

eligibility requirements for a handgun license as provided in

Oklahoma Statutes - Title 21. Crimes and Punishments Page 639

Sections 1290.9, 1290.10, and 1290.11 of this title and the

application shall be processed as provided for applicants in Section

1290.12 of this title, including the state and national criminal

history records search and fingerprint search. A firearms

instructor shall be required to pay a fee of One Hundred Dollars

($100.00) to the Council on Law Enforcement Education and Training

(CLEET) each time the person makes application for CLEET approval as

a firearms instructor pursuant to the provisions of the Oklahoma

Self-Defense Act. The fee shall be retained by CLEET and shall be

deposited into the Firearms Instructors Revolving Fund. CLEET shall

promulgate the rules, forms and procedures necessary to implement

the approval of firearms instructors as authorized by the provisions

of this subsection. CLEET shall periodically review each approved

instructor during a training and qualification course to assure

compliance with the rules and course contents. Any violation of the

rules may result in the revocation or suspension of CLEET and

Oklahoma State Bureau of Investigation approval. Unless the

approval has been revoked or suspended, a firearms instructor’s

CLEET approval shall be for a term of five (5) years. CLEET shall

be responsible for notifying all approved firearms instructors of

statutory and policy changes related to the Oklahoma Self-Defense

Act. A firearms instructor shall not be required to submit his or

her fingerprints for a fingerprint search when renewing a firearms

instructor’s CLEET approval.

C. 1. All firearms instructors approved by CLEET to train and

qualify individuals for a handgun license shall be required to apply

for registration with the Oklahoma State Bureau of Investigation

after receiving CLEET approval. All firearms instructors teaching

the approved course for a handgun license must display their

registration certificate during each training and qualification

course. Each approved firearms instructor shall complete a

registration form provided by the Bureau and shall have the option

to pay a registration fee of either One Hundred Dollars ($100.00)

for a five-year registration certificate or Two Hundred Dollars

($200.00) for a ten-year registration certificate to the Bureau at

the time of each application for registration, except as provided in

paragraph 2 of this subsection. Registration certificates issued by

the Bureau shall be valid for a period of five (5) years or ten (10)

years from the date of issuance. The Bureau shall issue a five-year

or ten-year handgun license to an approved firearms instructor at

the time of issuance of a registration certificate and no additional

fee shall be required or charged. The Bureau shall maintain a

current listing of all registered firearms instructors in this

state. Nothing in this paragraph shall be construed to eliminate

the requirement for registration and training with CLEET as provided

in subsection B of this section. Failure to register or be trained

Oklahoma Statutes - Title 21. Crimes and Punishments Page 640

as required shall result in a revocation or suspension of the

instructor certificate by the Bureau.

2. Registered instructors listed in subparagraphs a and b of

this paragraph shall not be required to renew the firearms

instructor registration certificate with the Oklahoma State Bureau

of Investigation at the expiration of the registration term,

provided the instructor is not subject to any suspension or

revocation of the firearms instructor certificate. The firearms

instructor registration with the Oklahoma State Bureau of

Investigation shall automatically renew together with the handgun

license authorized in paragraph 1 of this subsection for an

additional five-year term and no additional cost or fee may be

charged for the following individuals:

a. an active duty law enforcement officer of this state

or any of its political subdivisions or of the federal

government who has a valid CLEET approval as a

firearms instructor pursuant to the Oklahoma Self-

Defense Act, and

b. a retired law enforcement officer authorized to carry

a firearm pursuant to Section 1289.8 of this title who

has a valid CLEET approval as a firearms instructor

pursuant to the Oklahoma Self-Defense Act.

D. The Oklahoma State Bureau of Investigation shall approve

registration for a firearms instructor applicant who is in full

compliance with CLEET rules regarding firearms instructors and the

provisions of subsection B of this section, if completion of the

federal fingerprint search is the only reason for delay of

registration of that firearms instructor applicant. Upon receipt of

the federal fingerprint search information, if the Bureau receives

information which precludes the person from having a handgun

license, the Bureau shall revoke both the registration and the

handgun license previously issued to the firearms instructor.

E. The required firearms safety and training course and the

actual demonstration of competency and qualification required of the

applicant shall be designed and conducted in such a manner that the

course can be reasonably completed by the applicant within an eight-

hour period. CLEET shall establish the course content and

promulgate rules, procedures and forms necessary to implement the

provisions of this subsection. For the training and qualification

course, an applicant may be charged a fee which shall be determined

by the instructor or entity that is conducting the course. The

maximum class size shall be determined by the instructor conducting

the course; provided, however, practice shooting sessions shall not

have more than ten participating students at one time. CLEET may

establish criteria for assistant instructors and any other

requirements deemed necessary to conduct a safe and effective

training and qualification course. The course content shall include

Oklahoma Statutes - Title 21. Crimes and Punishments Page 641

a safety inspection of the firearm to be used by the applicant in

the training course; instruction on pistol handling, safety and

storage; dynamics of ammunition and firing; methods or positions for

firing a pistol; information about the criminal provisions of the

Oklahoma law relating to firearms; the requirements of the Oklahoma

Self-Defense Act as it relates to the applicant; self-defense and

the use of appropriate force; a practice shooting session; and a

familiarization course. The firearms instructor shall refuse to

train or qualify any person when the pistol to be used or carried by

the person is either deemed unsafe or unfit for firing or is a

weapon not authorized by the Oklahoma Self-Defense Act. The course

shall provide an opportunity for the applicant to qualify himself or

herself with a pistol; provided, no pistol shall be capable of

firing larger than .45 caliber ammunition. Any applicant who

successfully trains and qualifies himself or herself with a pistol

shall be approved by the firearms instructor on the training

certificate. Upon successful completion of the training and

qualification course, a certificate of training and a certificate of

competency and qualification shall be issued to each applicant who

successfully completes the course. The certificate of training and

certificate of competency and qualification shall comply with the

forms established by CLEET and shall be submitted with an

application for a handgun license pursuant to the provisions of

paragraph 2 of subsection A of Section 1290.12 of this title. The

certificate of training and certificate of competency and

qualification issued to an applicant shall be valid for a period of

three (3) years.

F. There is hereby created a revolving fund for the Council on

Law Enforcement Education and Training (CLEET), to be designated the

“Firearms Instructors Revolving Fund”. The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all funds received for approval of firearms instructors

for purposes of the Oklahoma Self-Defense Act. All funds received

shall be deposited to the fund. All monies accruing to the credit

of the fund are hereby appropriated and may be budgeted and expended

by the Council on Law Enforcement Education and Training, for

implementation of the training and qualification course contents,

approval of firearms instructors and any other CLEET requirement

pursuant to the provisions of the Oklahoma Self-Defense Act or as

may otherwise be deemed appropriate by CLEET. 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.

G. Firearms instructors shall keep on file for a period of not

less than three (3) years a roster of each training class, the

safety test score of each individual, the caliber and the weapon

Oklahoma Statutes - Title 21. Crimes and Punishments Page 642

each individual used when qualifying and whether or not each

individual successfully completed the training course. Firearms

instructors shall be authorized to destroy all training documents

and records upon expiration of the three-year time period.
Okla. Stat. tit. 21, § 21-1508 — OK Code / Title 21 / Section 21-1508
Fictitious copartnership
Status: in_force

Every person transacting business in the name of a person as a

partner who is not interested in his firm, or transacting business

under a firm name in which the designation "and company" or "& Co."

is used without representing an actual partner except in the cases

in which the continued use of a copartnership name is authorized by

law, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1435 — OK Code / Title 21 / Section 21-1435
Burglary in second and third degree - Acts constituting
Status: in_force

A. Every person who breaks and enters the dwelling house of

another, in which there is at the time no human being present, or

any commercial building or any part of any building, room, booth,

tent, railroad car or other structure or erection in which any

property is kept or breaks into or forcibly opens, any coin-operated

or vending machine or device with intent to steal any property

therein or to commit any felony, is guilty of burglary in the second

degree, a Class C1 felony offense, punishable by imprisonment as

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

title.

B. Every person who breaks and enters, climbs under, or uses

any jack stands or any other item to raise any automobile, truck,

trailer or vessel of another, in which any property is kept, with

intent to:

1. Steal any property therein;

2. Steal any property attached thereto; or

3. Commit any felony,

is guilty of burglary in the third degree, a Class D1 felony

offense, punishable by imprisonment as provided for in subsections B

through F of Section 20N of this title.

C. As used in subsection B of this section, the term "property

attached thereto" includes, but is not limited to, tires, wheels,

and catalytic converters.

R.L. 1910, § 2615. Amended by Laws 1941, p. 87, § 1; Laws 1961, p.

232, § 1; Laws 2018, c. 129, § 1, eff. Nov. 1, 2018; Laws 2022, c.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 689

245, § 1, eff. Nov. 1, 2022; Laws 2025, c. 486, § 196, eff. Jan. 1,

2026.
Okla. Stat. tit. 21, § 21-142.20 — OK Code / Title 21 / Section 21-142.20
Sexual Assault Examination Fund - Establishment
Status: in_force

A. A Sexual Assault Examination Fund shall be established for

the purpose of providing to a victim of a sexual assault a forensic

medical examination by a qualified licensed health care professional

and to provide to the victim medications as directed by the health

care professional.

B. As used in this section:

1. “Sexual assault” means:

a. rape, or rape by instrumentation, as defined in

Sections 1111, 1111.1 and 1114 of this title, or

b. forcible sodomy, as defined in Section 888 of this

title; and

2. “Qualified licensed health care professional” means a

physician, registered nurse, or other licensed health care

professional qualified by training and experience to perform sexual

assault examinations.

C. The Crime Victims Compensation Board is authorized to pay

for this examination and the medications directed by the qualified

licensed health care professional upon application submitted by the

victim of a sexual assault.

D. The Crime Victims Compensation Board shall establish the

procedures for disbursement of the Sexual Assault Examination Fund,

but in no event shall the Crime Victims Compensation Board pay an

amount to exceed:

Oklahoma Statutes - Title 21. Crimes and Punishments Page 150

1. Eight Hundred Dollars ($800.00) for a sexual assault

examination; and

2. One Hundred Dollars ($100.00) for medications which are

related to the sexual assault and directed and deemed necessary by

the health care professional.

Such payments shall not exceed the amounts specified by this

subsection regardless of the amount of any individual bills

comprising the claim. Payments shall be made only upon claims

signed by the victim or guardian and health care professional.

E. The District Attorneys Council is hereby authorized to

transfer funds, as specified in the appropriations bill annually,

from the Crime Victims Compensation Fund to the Sexual Assault

Examination Fund for the payment of sexual assault forensic

examinations and medications, pursuant to this section.

F. Nothing in this section shall prevent the Legislature from

appropriating money to the Sexual Assault Examination Fund for the

payment of sexual assault forensic examinations and medications,

pursuant to this section.
Okla. Stat. tit. 21, § 21-1040.22 — OK Code / Title 21 / Section 21-1040.22
Contempt
Status: in_force

After the entry of a judgment that the matter is obscene

material or child sexual abuse material, any person who, with

knowledge of the judgment or of the order or rule to show cause,

sends or causes to be sent, brings or causes to be brought, into

this state for sale or commercial distribution, the matter, or who

in this state sells, exhibits or commercially distributes it, gives

away or offers to give it away, or has it in his or her possession

with intent to sell or commercially distribute or exhibit or give

away or offer to give it away, shall be guilty of contempt of court

and upon conviction after notice and hearing shall be imprisoned in

the county jail for not more than one (1) year or fined not more

than One Thousand Dollars ($1,000.00), or be so imprisoned or fined.
Okla. Stat. tit. 21, § 21-1230.3 — OK Code / Title 21 / Section 21-1230.3
Unlawful hazardous waste transportation
Status: in_force

Any person who knowingly and willfully transports or causes the

transportation of hazardous waste within the State of Oklahoma

without a proper manifest, as prescribed in the Oklahoma Hazardous

Waste Management Act, commits the offense of unlawful hazardous

waste transportation which shall be deemed a Class D1 felony

offense.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 541
Okla. Stat. tit. 21, § 21-1684 — OK Code / Title 21 / Section 21-1684
Wounding or trapping birds in cemetery
Status: in_force

Every person who, within any public cemetery or burying ground,

wounds or traps any birds or destroys any bird's nest, or removes

any eggs or young birds from any nest; and every person who buys or

sells, offers or keeps for sale, any bird which has been killed or

trapped in violation of this section, is punishable by a fine of

Five Dollars ($5.00) for each offense, recoverable by a civil action

in any justice's court within the county where the offense is

committed, brought in the name of any person making a complaint.

R.L. 1910 Sec. 2745.
Okla. Stat. tit. 21, § 21-1505 — OK Code / Title 21 / Section 21-1505
False increase of weight
Status: in_force

Every person who puts or conceals in any bag, bale, box, barrel

or other package of goods usually sold by weight any other thing

whatever for the purpose of increasing the weight of such package

shall be punished by a fine of Twenty-five Dollars ($25.00) for each

offense.
Okla. Stat. tit. 21, § 21-1413 — OK Code / Title 21 / Section 21-1413
Correspondence between instrument and merchandise
Status: in_force

received.

No person can be convicted of any offense under the last two

sections by reason that the contents of any barrel, box, case, cask

or other vessel or package mentioned in the bill of lading, receipt

or other voucher, did not correspond with the description given in

such instrument of the merchandise received, if such description

corresponded substantially with the marks, labels or brands upon the

outside of such vessel or package, unless it appears that the

accused knew that such marks, labels or brands were untrue.
Okla. Stat. tit. 21, § 21-843.7 — OK Code / Title 21 / Section 21-843.7
Appointment of representatives for child
Status: in_force

A. 1. In every criminal case filed pursuant to the Oklahoma

Child Abuse Reporting and Prevention Act, the judge of the district

court may appoint an attorney-at-law to appear for and represent a

child who is the alleged victim of child abuse or neglect.

2. The attorney may be allowed a reasonable fee for such

services and shall meet with the child as soon as possible after

receiving notification of the appointment.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 362

3. Except for good cause shown to the court, the attorney shall

meet with the child not less than twenty-four (24) hours prior to

any hearing.

4. The attorney shall be given access to all reports relevant

to the case and to any reports of examination of the child's

parents, legal guardian, custodian or other person responsible for

the child’s health or safety made pursuant to this section.

5. The attorney shall represent the child and any expressed

interests of the child. To that end, the attorney shall make such

further investigation as the attorney deems necessary to ascertain

the facts, to interview witnesses, examine and cross-examine

witnesses at the preliminary hearing and trial, make recommendations

to the court, and participate further in the proceedings to the

degree appropriate for adequately representing the child.

B. A court-appointed special advocate or guardian ad litem as

defined by the Oklahoma Children's Code and the Oklahoma Juvenile

Code may be appointed to represent the best interests of the child

who is the alleged subject of child abuse or neglect. The court-

appointed special advocate or guardian ad litem shall be given

access to all reports relevant to the case and to reports of service

providers and of examination of the child's parents, legal guardian,

custodian or other person responsible for the child’s health or

safety made pursuant to this section including but not limited to,

information authorized by the Oklahoma Children’s Code and the

Oklahoma Juvenile Code.

C. At such time as the information maintained by the statewide

registry for child abuse, sexual abuse, and neglect is indexed by

name of perpetrator and the necessary and appropriate due process

procedures are established by the Department of Human Services, a

court-appointed special advocate organization, in accordance with

the policies and rules of the Department, may utilize the registry

for the purpose of completing background screenings of volunteers

with the organization.
Okla. Stat. tit. 21, § 21-1541.2 — OK Code / Title 21 / Section 21-1541.2
See the following versions:
Status: in_force

OS 21-1541.2v1 (HB 2751, Laws 2016, c. 221, § 5)

OS 21-1541.2v2 (HB 2104, Laws 2025, c. 486, § 238)
Okla. Stat. tit. 21, § 21-1738 — OK Code / Title 21 / Section 21-1738
Seizure and forfeiture proceedings - Vehicles, airplanes,
Status: in_force

vessels, etc. used in attempt or commission of certain crimes.

A. 1. Any commissioned peace officer of this state is

authorized to seize any equipment, vehicle, airplane, vessel or any

other conveyance that is used in the commission of any armed robbery

offense defined in Section 801 of this title, used to facilitate the

intentional discharge of any kind of firearm in violation of Section

652 of this title, used in violation of the Trademark Anti-

Counterfeiting Act, used in the attempt or commission of any act of

burglary in the first or second degree, motor vehicle theft,

unauthorized use of a vehicle, obliteration of distinguishing

numbers on vehicles or criminal possession of vehicles with altered,

removed or obliterated numbers as defined by Sections 1431, 1435,

1716, 1719 and 1720 of this title or Sections 4-104 and 4-107 of

Title 47 of the Oklahoma Statutes, used in the commission of any

Oklahoma Statutes - Title 21. Crimes and Punishments Page 801

arson offense defined in Section 1401, 1402, 1403, 1404 or 1405 of

this title, used in any manner to facilitate or participate in the

commission of any human trafficking offense in violation of Section

748 of this title, or used by any defendant when such vehicle or

other conveyance is used in any manner by a prostitute, pimp or

panderer to facilitate or participate in the commission of any

prostitution offense in violation of Sections 1028, 1029 or 1030 of

this title; provided, however, that the vehicle or conveyance of a

customer or anyone merely procuring the services of a prostitute

shall not be included.

2. No conveyance used by a person as a common carrier in the

transaction of business as a common carrier shall be forfeited under

the provisions of this section unless it shall appear that the owner

or other person in charge of such conveyance was a consenting party

or privy to the unlawful use of the conveyance in violation of this

section.

3. No conveyance shall be forfeited under the provisions of

this section by reason of any act or omission established by the

owner thereof to have been committed or omitted without the

knowledge or consent of such owner, and if the act is committed by

any person other than such owner, the owner shall establish further

that the conveyance was unlawfully in the possession of a person

other than the owner in violation of the criminal laws of the United

States or of any state.

B. In addition to the property described in subsection A of

this section, the following property is also subject to forfeiture

pursuant to this section:

1. Property used in the commission of theft of livestock or in

any manner to facilitate the theft of livestock;

2. The proceeds gained from the commission of theft of

livestock;

3. Personal property acquired with proceeds gained from the

commission of theft of livestock;

4. All conveyances, including aircraft, vehicles or vessels,

and horses or dogs which are used to transport or in any manner to

facilitate the transportation for the purpose of the commission of

theft of livestock;

5. Any items having a counterfeit mark and all property that is

owned by or registered to the defendant that is employed or used in

connection with any violation of the Trademark Anti-Counterfeiting

Act;

6. Any weapon possessed, used or available for use in any

manner during the commission of a felony within the State of

Oklahoma, or any firearm that is possessed by a convicted felon;

7. Any police scanner used in violation of Section 1214 of this

title;

Oklahoma Statutes - Title 21. Crimes and Punishments Page 802

8. Any computer and its components and peripherals, including

but not limited to the central processing unit, monitor, keyboard,

printers, scanners, software, and hardware, when it is used in the

commission of any crime in this state;

9. All property used in the commission of, or in any manner to

facilitate, a violation of Section 1040.12a of this title;

10. All conveyances, including aircraft, vehicles or vessels,

monies, coins and currency, or other instrumentality used or

intended to be used, in any manner or part, to commit a violation of

paragraph 1 of subsection A of Section 1021 of this title, where the

victim of the crime is a minor child, subsection B of Section 1021

of this title, Section 1021.2 of this title, paragraph 1 of

subsection A of Section 1111 of this title, or paragraphs 2 and 3 of

subsection A of Section 1123 of this title;

11. All conveyances, including aircraft, vehicles or vessels,

monies, coins and currency, or other instrumentality used in any

manner or part, to commit any violation of the provisions set forth

in Section 748 of this title;

12. Any and all property used in any manner or part to

facilitate, participate or further the commission of a human

trafficking offense in violation of Section 748 of this title, and

all property, including monies, real estate, or any other tangible

assets or property of or derived from or used by a prostitute, pimp

or panderer in any manner or part to facilitate, participate or

further the commission of any prostitution offense in violation of

Sections 1028, 1029 or 1030 of this title; provided, however, any

monies, real estate or any other tangible asset or property of a

customer or anyone merely procuring the services of a prostitute

shall not be included;

13. Any vehicle, airplane, vessel, or parts of a vehicle whose

numbers have been removed, altered or obliterated so as to prevent

determination of the true identity or ownership of said property and

parts of vehicles which probable cause indicates are stolen but

whose true ownership cannot be determined;

14. Any and all equipment or instrumentality used in any manner

or part to commit any act of catalytic converter theft in violation

of subsection B of Section 1435 of this title and any monies, coins,

currency, or financial instruments used, derived from or traceable

as proceeds from a violation of subsection B of Section 1435 of this

title;

15. Any and all equipment or instrumentality used in any manner

or part to commit any act of copper theft in violation of Section

1727 of this title, and any monies, coins, currency, or financial

instruments used, derived from or traceable as proceeds from a

violation of Section 1727 of this title; and

16. Any and all equipment or instrumentality used in any manner

or part to commit any violation of the Oklahoma Scrap Metal Dealers

Oklahoma Statutes - Title 21. Crimes and Punishments Page 803

Act, and any monies, coins, currency, or financial instruments used

or traceable as proceeds from a violation of the Oklahoma Scrap

Metal Dealers Act.

C. Property described in subsection A or B of this section may

be held as evidence until a forfeiture has been declared or a

release ordered. Forfeiture actions under this section may be

brought by the district attorney in the proper county of venue as

petitioner; provided, in the event the district attorney elects not

to file such action, or fails to file such action within ninety (90)

days of the date of the seizure of such equipment, the property

shall be returned to the owner.

D. Notice of seizure and intended forfeiture proceeding shall

be filed in the office of the clerk of the district court for the

county wherein such property is seized and shall be given all owners

and parties in interest.

E. Notice shall be given according to one of the following

methods:

1. Upon each owner or party in interest whose right, title, or

interest is of record in the Oklahoma Tax Commission or with the

county clerk for filings under the Uniform Commercial Code, served

in the manner of service of process in civil cases prescribed by

Section 2004 of Title 12 of the Oklahoma Statutes;

2. Upon each owner or party in interest whose name and address

is known, served in the manner of service of process in civil cases

prescribed by Section 2004 of Title 12 of the Oklahoma Statutes; or

3. Upon all other owners, whose addresses are unknown, but who

are believed to have an interest in the property by one publication

in a newspaper of general circulation in the county where the

seizure was made.

F. Within sixty (60) days after the mailing or publication of

the notice, the owner of the property and any other party in

interest or claimant may file a verified answer and claim to the

property described in the notice of seizure and of the intended

forfeiture proceeding.

G. If at the end of sixty (60) days after the notice has been

mailed or published there is no verified answer on file, the court

shall hear evidence upon the fact of the unlawful use and may order

the property forfeited to the state, if such fact is proven.

H. If a verified answer is filed, the forfeiture proceeding

shall be set for hearing.

I. At the hearing the petitioner shall prove by clear and

convincing evidence that property was used in the attempt or

commission of an act specified in subsection A of this section or is

property described in subsection B of this section with knowledge by

the owner of the property.

J. The claimant of any right, title, or interest in the

property may prove the lien, mortgage, or conditional sales contract

Oklahoma Statutes - Title 21. Crimes and Punishments Page 804

to be bona fide and that the right, title, or interest created by

the document was created without any knowledge or reason to believe

that the property was being, or was to be, used for the purpose

charged.

K. In the event of such proof, the court may order the property

released to the bona fide or innocent owner, lien holder, mortgagee,

or vendor if the amount due such person is equal to, or in excess

of, the value of the property as of the date of the seizure, it

being the intention of this section to forfeit only the right,

title, or interest of the purchaser, except for items bearing a

counterfeit mark or used exclusively to manufacture a counterfeit

mark.

L. If the amount due to such person is less than the value of

the property, or if no bona fide claim is established, the property

may be forfeited to the state and may be sold pursuant to judgment

of the court, as on sale upon execution, and as provided in Section

2-508 of Title 63 of the Oklahoma Statutes, except as otherwise

provided for by law and for property bearing a counterfeit mark

which shall be destroyed.

M. Property taken or detained pursuant to this section shall

not be repleviable, but shall be deemed to be in the custody of the

petitioner or in the custody of the law enforcement agency as

provided in the Trademark Anti-Counterfeiting Act. Except for

property required to be destroyed pursuant to the Trademark Anti-

Counterfeiting Act, the petitioner shall release said property to

the owner of the property if it is determined that the owner had no

knowledge of the illegal use of the property or if there is

insufficient evidence to sustain the burden of showing illegal use

of such property. If the owner of the property stipulates to the

forfeiture and waives the hearing, the petitioner may determine if

the value of the property is equal to or less than the outstanding

lien. If such lien exceeds the value of the property, the property

may be released to the lien holder. Property which has not been

released by the petitioner shall be subject to the orders and

decrees of the court or the official having jurisdiction thereof.

N. The petitioner, or the law enforcement agency holding

property pursuant to the Trademark Anti-Counterfeiting Act, shall

not be held civilly liable for having custody of the seized property

or proceeding with a forfeiture action as provided for in this

section.

O. Attorney fees shall not be assessed against the state or the

petitioner for any actions or proceeding pursuant to Section 1701 et

seq. of this title.

P. The proceeds of the sale of any property shall be

distributed as follows, in the order indicated:

1. To the bona fide or innocent purchaser, conditional sales

vendor, or mortgagee of the property, if any, up to the amount of

Oklahoma Statutes - Title 21. Crimes and Punishments Page 805

such person's interest in the property, when the court declaring the

forfeiture orders a distribution to such person;

2. To the payment of the actual reasonable expenses of

preserving the property;

3. To the victim of the crime to compensate said victim for any

loss incurred as a result of the act for which such property was

forfeited; and

4. The balance to a revolving fund in the office of the county

treasurer of the county wherein the property was seized, to be

distributed as follows: one-third (1/3) to the investigating law

enforcement agency; one-third (1/3) of said fund to be used and

maintained as a revolving fund by the district attorney to be used

to defray any lawful expenses of the office of the district

attorney; and one-third (1/3) to go to the jail maintenance fund,

with a yearly accounting to the board of county commissioners in

whose county the fund is established. If the petitioner is not the

district attorney, then the one-third (1/3) which would have been

designated to that office shall be distributed to the petitioner.

Monies distributed to the jail maintenance fund shall be used to pay

costs for the storage of such property if such property is ordered

released to a bona fide or innocent owner, lien holder, mortgagee,

or vendor and if such funds are available in said fund.

Q. If the court finds that the property was not used in the

attempt or commission of an act specified in subsection A of this

section and was not property subject to forfeiture pursuant to

subsection B of this section and is not property bearing a

counterfeit mark, the court shall order the property released to the

owner as the right, title, or interest appears on record in the Tax

Commission as of the seizure.

R. No vehicle, airplane, or vessel used by a person as a common

carrier in the transaction of business as a common carrier shall be

forfeited pursuant to the provisions of this section unless it shall

be proven that the owner or other person in charge of such

conveyance was a consenting party or privy to the attempt or

commission of an act specified in subsection A or B of this section.

No property shall be forfeited pursuant to the provisions of this

section by reason of any act or omission established by the owner

thereof to have been committed or omitted without the knowledge or

consent of such owner, and by any person other than such owner while

such property was unlawfully in the possession of a person other

than the owner in violation of the criminal laws of the United

States or of any state.

S. Whenever any property is forfeited pursuant to this section,

the district court having jurisdiction of the proceeding may order

that the forfeited property may be retained for its official use by

the state, county, or municipal law enforcement agency which seized

the property.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 806
Okla. Stat. tit. 21, § 21-1272.1 — OK Code / Title 21 / Section 21-1272.1
Carrying firearms where liquor is consumed
Status: in_force

CARRYING FIREARMS WHERE LIQUOR IS CONSUMED

A. It shall be unlawful for a person to carry or possess any

weapon designated in Section 1272 of this title in any establishment

where the sale of alcoholic beverages, as defined by Section 1-103

of Title 37A of the Oklahoma Statutes, constitutes the primary

purpose of the business. This provision shall not apply to:

1. A peace officer, as defined in Section 99 of this title, or

private investigator or armed security guard with a firearms

authorization when acting in the scope and course of employment;

2. An owner or proprietor of the establishment; or

3. An employee of the establishment who has permission from the

owner or proprietor of the establishment to carry or possess a

weapon while in the scope and course of employment.

B. It shall be lawful for a person to carry or possess any

weapon designated in Section 1272 of this title into any restaurant

or other establishment licensed to dispense alcoholic beverages

where the sale of alcoholic beverages does not constitute the

primary purpose of the business.

C. Nothing in this section shall be interpreted to authorize

any peace officer in actual physical possession of a weapon to

consume alcoholic beverages, except in the authorized line of duty

as an undercover officer.

D. Nothing in this section shall be interpreted to authorize

any person, employee, private investigator or armed security guard

with or without a firearms authorization in actual physical

possession of a weapon to consume alcoholic beverages in any

establishment where alcoholic beverages are consumed.

E. Any person violating the provisions of this section shall

upon conviction, be guilty of a misdemeanor punishable by a fine not

to exceed Two Hundred Fifty Dollars ($250.00).

F. Any person who intentionally or knowingly carries or

possesses any weapon in violation of the provisions of this section

and refuses to leave the establishment or the property of the

establishment shall, upon conviction, be guilty of a misdemeanor

punishable by a fine not to exceed Two Hundred Fifty Dollars

($250.00).

G. As used in this section, "consume" means the act of drinking

or ingesting alcoholic beverages or eating a product containing

alcohol.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 570
Okla. Stat. tit. 21, § 21-573 — OK Code / Title 21 / Section 21-573
Fraudulent concealment of property
Status: in_force

Every person who, having been called upon, by the lawful order

of any court, to make a true exhibit of his real and personal

effects, either:

1. Willfully conceals any of his estate or effects, or any

books or writing relative thereto; or,

2. Willfully omits to disclose to the court any debts or

demands which he has collected, or any transfer of his property

which he had made after being ordered to make an exhibit thereof, is

guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1290.22 — OK Code / Title 21 / Section 21-1290.22
Business owner's rights
Status: in_force

BUSINESS OWNER'S RIGHTS

A. Except as provided in subsections B, C and D of this

section, nothing contained in any provision of the Oklahoma Self-

Defense Act shall be construed to limit, restrict or prohibit in any

manner the existing rights of any person, property owner, tenant,

employer, liquor store, place of worship or business entity to

control the possession of weapons on any property owned or

controlled by the person or business entity.

B. No person, property owner, tenant, employer, liquor store,

holder of an event permit, place of worship or business entity shall

be permitted to establish any policy or rule that has the effect of

prohibiting any person, except a convicted felon, from transporting

and storing firearms in a locked vehicle on any property set aside

for any vehicle.

C. A property owner, tenant, employer, liquor store, place of

worship or business entity may prohibit any person from carrying a

Oklahoma Statutes - Title 21. Crimes and Punishments Page 650

concealed or unconcealed firearm on the property. If the building

or property is open to the public, the property owner, tenant,

employer, liquor store, place of worship or business entity shall

post signs on or about the property stating such prohibition.

D. No person, property owner, tenant, employer, liquor store,

holder of an event permit, place of worship or business entity shall

be permitted to establish any policy or rule that has the effect of

prohibiting any person from carrying a concealed or unconcealed

firearm on property within the specific exclusion provided for in

paragraph 4 of subsection B of Section 1277 of this title; provided

that carrying a concealed or unconcealed firearm may be prohibited

in the following places:

1. The portion of a public property structure or building

during an event authorized by the city, town, county, state or

federal governmental authority owning or controlling such building

or structure;

2. Any public property sports field including any adjacent

seating or adjacent area set aside for viewing a sporting event,

where an elementary or secondary school, collegiate, or professional

sporting event or an International Olympic Committee or organization

or any committee subordinate to the International Olympic Committee

event is being held;

3. The fairgrounds during the Oklahoma State Fair or the Tulsa

State Fair; and

4. The portion of a public property structure or building that

is leased or under contract to a business or not-for-profit entity

or group for offices.

E. The otherwise lawful carrying of a concealed or unconcealed

firearm by a person on property that has signs prohibiting the

carrying of firearms shall subject the person to being denied

entrance onto the property or removed from the property. If the

person:

1. Has been informed by the property owner, business entity or

manager of the business that the person is in violation of a policy

that prohibits firearms on the property; and

2. Refuses to leave the property and a peace officer is

summoned, the person shall, upon conviction, be guilty of a

misdemeanor punishable by a fine not to exceed Two Hundred Fifty

Dollars ($250.00).

F. A person, property owner, tenant, employer, liquor store,

holder of an event permit, place of worship or business entity that

does or does not prohibit any individual, except a convicted felon,

from carrying a loaded or unloaded, concealed or unconcealed weapon

on property that the person, property owner, tenant, employer,

liquor store, holder of an event permit, place of worship or

business entity owns, or has legal control of, is immune from any

liability arising from that decision. Except for acts of gross

Oklahoma Statutes - Title 21. Crimes and Punishments Page 651

negligence or willful or wanton misconduct, an employer who does or

does not prohibit his or her employees from carrying a concealed or

unconcealed weapon is immune from any liability arising from that

decision. A person, property owner, tenant, employer, liquor store,

holder of an event permit, place of worship or business entity that

does not prohibit persons from carrying a concealed or unconcealed

weapon pursuant to subsection D of this section shall be immune from

any liability arising from the carrying of a concealed or

unconcealed weapon, while in the scope of employment, on the

property or in or about a business entity vehicle. The provisions

of this subsection shall not apply to claims pursuant to the

Administrative Workers' Compensation Act.

G. It shall not be considered part of an employee's job

description or within the employee's scope of employment if an

employee is allowed to carry or discharge a weapon pursuant to this

section.

H. Nothing in subsections F and G of this section shall prevent

an employer, employee or person who has suffered loss resulting from

the discharge of a weapon to seek redress or damages of the person

who discharged the weapon or used the weapon outside the provisions

of the Oklahoma Self-Defense Act.
Okla. Stat. tit. 21, § 21-576 — OK Code / Title 21 / Section 21-576
Attorney permitting other person to use his name
Status: in_force

If any attorney knowingly permits any person not being his

general law partner or a clerk in his office to sue out any process

or to prosecute or defend any action in his name, except as

authorized by the next section, such attorney, and every person who

shall so use his name is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1550.31 — OK Code / Title 21 / Section 21-1550.31
Possessing incomplete cards
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 731

A. A person other than the cardholder possessing one or more

incomplete credit cards or debit cards, with intent to complete them

without the consent of the issuer, or a person possessing, with

knowledge of its character, machinery, plates or any other

contrivance designed to reproduce instruments purporting to be the

credit cards or debit cards of an issuer who has not consented to

the preparation of such credit cards or debit cards is, upon

conviction, guilty of a Class D1 felony offense and is subject to

the penalties set forth in subsection B of Section 1550.33 of this

title.

B. A credit card or debit card is "incomplete" if part of the

matter, other than the signature of the cardholder, which an issuer

requires to appear on the credit card or debit card before it can be

used by a cardholder has not yet been stamped, embossed, imprinted

or written on it.
Okla. Stat. tit. 21, § 21-1290.27 — OK Code / Title 21 / Section 21-1290.27
Notice to Federal Bureau of Investigation and Oklahoma
Status: in_force

State Bureau of Investigation - Petition to remove disability -

Hearing - Scope of relief.

A. When a court adjudicates a person mentally incompetent or

orders the involuntary commitment of a person due to a mental

illness, condition or disorder under the laws of this state by which

a person becomes subject to the provisions of Section 922(d)(4) and

(g)(4) of Title 18 of the United States Code, the clerk of the court

shall forward a certified copy of the order or adjudication to the

Federal Bureau of Investigation or its successor agency for the sole

purpose of inclusion in the National Instant Criminal Background

Check System database and to the Oklahoma State Bureau of

Investigation. The clerk of the court shall also notify the person

of the prohibitions contained within the provisions of Section

922(d)(4) and (g)(4) of Title 18 of the United States Code,

paragraph 3 of Section 1290.10 or paragraph 3 of subsection A of

Section 1290.11 of Title 21 of the Oklahoma Statutes.

B. When a court adjudicates a person mentally incompetent or

orders the involuntary commitment of a person due to a mental

illness, condition or disorder under the laws of this state by which

a person becomes subject to the provisions of Section 922(d)(4) and

(g)(4) of Title 18 of the United States Code, paragraph 3 of Section

1290.10 or paragraph 3 of subsection A of Section 1290.11 of Title

21 of the Oklahoma Statutes, or when a person is otherwise

Oklahoma Statutes - Title 21. Crimes and Punishments Page 655

disqualified from eligibility for a handgun license under paragraph

6 or 7 of Section 1290.10 of Title 21 of the Oklahoma Statutes or

paragraph 4 of subsection A of Section 1290.11 of Title 21 of the

Oklahoma Statutes, the person may petition the court in which the

adjudication or commitment proceedings occurred or the district

court of the county in which the person currently resides to remove

the disability.

C. On filing of the petition, the court shall set a hearing.

Not less than thirty (30) days prior to a hearing on the matter, a

copy of the petition for relief shall be served upon the district

attorney for that county. The court shall receive and consider

evidence in a closed hearing.

D. The court shall receive evidence on and consider the

following before granting or denying the petition:

1. Psychological or psychiatric evidence from the petitioner

and in support of the petition;

2. The circumstances that resulted in the firearm disabilities;

3. The petitioner's criminal history records provided by the

state, if any;

4. The petitioner's mental health records;

5. The reputation of the petitioner based on character witness

statements, testimony or other character evidence;

6. Whether the petitioner is a danger to self or others;

7. Changes in the condition or circumstances of the petitioner

since the original adjudication of mental incompetency or

involuntary commitment for a mental illness, condition or disorder

relevant to the relief sought; and

8. Any other evidence deemed admissible by the court.

E. The court shall grant the relief requested if the petitioner

proves by clear and convincing evidence that:

1. The petitioner is not likely to act in a manner that is

dangerous to the public safety; and

2. Granting the relief requested is not contrary to the public

interest.

F. At the conclusion of the hearing, the court shall issue

findings of fact and conclusions of law. A record shall be kept of

the proceedings, but shall remain confidential and be disclosed only

to a court or the parties. No records of the proceedings pursuant

to this subsection shall be open to public inspection except by

order of the court or to a person's attorney of record. The

petitioner may appeal a denial of the requested relief, and review

on appeal shall be de novo.

G. If the court grants the petition for relief, the original

adjudication of mental incompetency or order of involuntary

commitment due to a mental illness, condition or disorder of the

petitioner is deemed not to have occurred for purposes of applying

Section 922(d)(4) and (g)(4) of Title 18 of the United States Code,

Oklahoma Statutes - Title 21. Crimes and Punishments Page 656

paragraph 3, 6 or 7 of Section 1290.10, or paragraph 3 or 4 of

subsection A of Section 1290.11 of Title 21 of the Oklahoma

Statutes.

H. The clerk of the court shall promptly forward to the Federal

Bureau of Investigation or its successor agency for the sole purpose

of inclusion in the National Instant Criminal Background Check

System database and the Department of Mental Health and Substance

Abuse Services and the Oklahoma State Bureau of Investigation, a

certified copy of the order granting relief under this section. The

Department of Mental Health and Substance Abuse Services and the

Oklahoma State Bureau of Investigation shall as soon thereafter as

is practicable, but in no case later than ten (10) business days,

update, correct, modify, or remove the record of the person in any

databases that these agencies use or refer to for the purposes of

handgun licensing, or make available to the National Instant

Criminal Background Check System and notify the United States

Attorney that the basis for such record being made available no

longer applies.

I. In lieu of sending a certified copy of a court order or

document, the court clerk may transmit the information required by

this section by using an electronic method or data exchange which is

authorized by the Federal Bureau of Investigation, the Department of

Mental Health and Substance Abuse Services and the Oklahoma State

Bureau of Investigation.
Okla. Stat. tit. 21, § 21-1680 — OK Code / Title 21 / Section 21-1680
Short title
Status: in_force

This act shall be known and may be cited as the "Animal

Facilities Protection Act".
Okla. Stat. tit. 21, § 21-487 — OK Code / Title 21 / Section 21-487
Officers affected
Status: in_force

Under the designation executive, legislative, ministerial or

judicial officer as mentioned herein are included the Governor,

Lieutenant Governor, Speaker of the House of Representatives,

Corporation Commissioners, all the heads of the departments of the

state government, judges of all the courts of this State, mayors,

clerks, councilmen, trustees, commissioners and other officers of

all incorporated cities and towns, public school trustees, officers

and boards of managers of the state university and its several

branches, state normals, the penitentiaries and eleemosynary

institutions, members of the commissioners court, and all other

officials of the State, district, county, cities or other municipal

subdivisions of the state.
Okla. Stat. tit. 21, § 21-794 — OK Code / Title 21 / Section 21-794
What fear is an element
Status: in_force

The fear which constitutes robbery may be either:

1. The fear of an unlawful injury, immediate or future, to the

person or property of the person robbed or of any relative of his,

or member of his family; or,

2. The fear of an immediate and unlawful injury to the person

or property of anyone in the company of the person robbed, at the

time of the robbery.
Okla. Stat. tit. 21, § 21-842.1 — OK Code / Title 21 / Section 21-842.1
Performing or offering to perform body piercing or
Status: in_force

tattooing on child under 18 years—Definitions.

A. It shall be unlawful for any person to perform or offer to

perform body piercing or tattooing on a child under eighteen (18)

years of age. No person under eighteen (18) years of age shall be

allowed to receive a tattoo. No person under eighteen (18) years of

age shall be allowed to receive a body piercing procedure unless the

Oklahoma Statutes - Title 21. Crimes and Punishments Page 336

parent or legal guardian of such child gives written consent for the

procedure, and the parent or legal guardian of the child is present

during the procedure. No person shall be allowed to purchase or

possess tattoo equipment or supplies without being licensed either

as an Oklahoma medical micropigmentologist or as an Oklahoma tattoo

artist.

B. Tattooing shall not be performed upon a person impaired by

drugs or alcohol. A person impaired by drugs or alcohol is

considered incapable of consenting to tattooing and incapable of

understanding tattooing procedures and aftercare suggestions.

C. It shall be unlawful for any person to perform or offer to

perform scleral tattooing upon a person.

D. As used in this section and Sections 842.2 and 842.3 of this

title:

1. "Body piercing" means a procedure in which an opening is

created in a human body solely for the purpose of inserting jewelry

or other decoration; provided, however, the term does not include

ear piercing;

2. “Tattooing” means the practice of producing an indelible

mark or figure on the human body by scarring or inserting a pigment

under the skin using needles, scalpels, or other related equipment;

provided, that medical micropigmentation, performed pursuant to the

provisions of the Oklahoma Medical Micropigmentation Regulation Act,

shall not be construed to be tattooing;

3. “Body piercing operator” means any person who owns,

controls, operates, conducts, or manages any permanent body piercing

establishment, whether actually performing the work of body piercing

or not. A mobile unit, including, but not limited to, a mobile

home, recreational vehicle, or any other nonpermanent facility,

shall not be used as a permanent body piercing establishment;

4. “Tattoo operator” means any person who owns, controls,

operates, conducts, or manages any permanent tattooing establishment

whether performing the work of tattooing or not, or a temporary

location that is a fixed location at which an individual tattoo

operator performs tattooing for a specified period of not more than

seven (7) days in conjunction with a single event or celebration,

where the primary function of the event or celebration is tattooing;

5. "Artist" means the person who actually performs the body

piercing or tattooing procedure;

6. “Apprentice” means any person who is training under the

supervision of a licensed tattoo artist. That person cannot

independently perform the work of tattooing. Apprentice also means

any person who is training under the supervision of a licensed body

artist. That person cannot independently perform the work of body

piercing; and

7. “Scleral tattooing” means the practice of producing an

indelible mark or figure on the human eye by scarring or inserting a

Oklahoma Statutes - Title 21. Crimes and Punishments Page 337

pigment on, in, or under the fornix conjunctiva, bulbar conjunctiva,

ocular conjunctive, or other ocular surface using needles, scalpels

or other related equipment.

E. Sections 842.1 through 842.3 of this title shall not apply

to any act of a licensed practitioner of the healing arts performed

in the course of practice of the practitioner.

F. Any person violating the provisions of this section shall be

punished as provided in Section 842.2 of this title.
Okla. Stat. tit. 21, § 21-389 — OK Code / Title 21 / Section 21-389
Drawing jurors fraudulently
Status: in_force

Every person authorized by law to assist at the drawing of any

jurors to attend any court, who willfully puts or consents to the

putting upon any list of jurors as having been drawn any name which

Oklahoma Statutes - Title 21. Crimes and Punishments Page 207

shall not have been drawn for that purpose in the manner prescribed

by law; or, who omits to place on such list any name that shall have

been drawn in the manner prescribed by law, or who signs or

certifies any list of jurors as having been drawn which was not

drawn according to law; or, who is guilty of any other unfair,

partial or improper conduct in the drawing of any such list of

jurors, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1290.13 — OK Code / Title 21 / Section 21-1290.13
Automatic listing of licenses
Status: in_force

AUTOMATIC LISTING OF LICENSES

The Oklahoma State Bureau of Investigation shall maintain an

automated listing of all persons issued a handgun license in this

state pursuant to the provisions of the Oklahoma Self-Defense Act

and all subsequent suspended or revoked licenses. Information from

the automated listing shall only be available to a law enforcement

officer or law enforcement agency upon request for law enforcement

purposes. The Bureau shall also maintain for each applicant the

original application or a copy of the original application form and

any subsequent renewal application forms together with the

photographs, fingerprints and other pertinent information on the

applicant which shall be confidential, except to law enforcement

officers or law enforcement agencies in the performance of their

duties. The Bureau may release a copy of fingerprints of a deceased

applicant maintained by the Bureau due to an application for a

handgun license pursuant to the Oklahoma Self-Defense Act.

Provided, however, the Bureau may release a copy of fingerprints of

a deceased applicant only to an immediate family member upon written

request. Such request shall be accompanied by a payment of Fifteen

Dollars ($15.00), which shall be deposited into the OSBI Revolving

Fund. For purposes of this section, "immediate family member" shall

mean the spouse, a child by birth or adoption, a stepchild, a parent

by birth or adoption, a stepparent, a grandparent, a grandchild, a

sibling, a stepsibling or the spouse of any immediate family member.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 638

To facilitate the Bureau's administration of the Oklahoma Self-

Defense Act, all licensees shall maintain a current mailing address

where the licensee may receive certified mail. The licensee shall

within thirty (30) days of a change of name or address inform the

Bureau of such change.
Okla. Stat. tit. 21, § 21-1168.4 — OK Code / Title 21 / Section 21-1168.4
Discovery of human remains or burial furniture -
Status: in_force

Reporting and notification procedure.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 514

A. All persons who encounter or discover human skeletal remains

or what they believe may be human skeletal remains or burial

furniture thought to be associated with human burials in or on the

ground shall immediately cease any activity which may cause further

disturbance and shall report the presence and location of such human

skeletal remains to an appropriate law enforcement officer.

B. Any person who willfully fails to report the presence or

discovery of human skeletal remains or what they believe may be

human skeletal remains within forty-eight (48) hours to an

appropriate law enforcement officer in the county in which the

remains are found shall be guilty of a misdemeanor.

C. Any person who knowingly disturbs human skeletal remains or

burial furniture other than a law enforcement officer, registered

mortician, a representative of the Office of the Chief Medical

Examiner, a professional archaeologist or physical anthropologist,

or other officials designated by law in performance of official

duties shall, upon conviction, be guilty of a Class D3 felony

offense and shall be punished by imprisonment as provided for in

subsections B through F of Section 20P of this title.

D. Anyone other than a law enforcement officer, registered

mortician, a representative of the Office of the Chief Medical

Examiner, a professional archaeologist or physical anthropologist,

or other officials designated by law in performance of official

duties, who disturbs or permits disturbance of a burial ground with

the intent to obtain human skeletal remains or burial furniture

shall, upon conviction, be guilty of a Class D3 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20P of this title.

E. The law enforcement officer, if there is a reason to believe

that the skeletal remains may be human, shall promptly notify the

landowner and the Chief Medical Examiner. If remains reported under

this act are not associated with or suspected of association with

any crime, the State Archaeologist and the State Historic

Preservation Officer shall be notified within fifteen (15) days. If

review by the State Archaeologist and the State Historic

Preservation Officer of the human skeletal remains and any burial

furniture demonstrates or suggests a direct historical relationship

to a tribal group, then the State Archaeologist shall:

1. Notify the State Historic Preservation Officer; and

2. Consult with the tribal leader, designated by the Oklahoma

Indian Affairs Commission, within fifteen (15) days regarding any

proposed treatment or scientific studies and final disposition of

the materials.
Okla. Stat. tit. 21, § 21-1836.1 — OK Code / Title 21 / Section 21-1836.1
Deed or conveyance removing cloud to be executed by
Status: in_force

violator.

Any person, firm, or officer, representative, or agent of any

firm or corporation, who has at any time violated the provisions of

the above section shall, upon the written request of any person who

has and holds any right, title, or interest in such real estate,

immediately execute and deliver such deed or conveyance as may be

requisite to remove from the record the cloud on the right, title,

and interest of such owner to the title and possession of said real

estate.
Okla. Stat. tit. 21, § 21-1711 — OK Code / Title 21 / Section 21-1711
Securities not yet issued or delivered, larceny of
Status: in_force

All the provisions of this article shall apply where the

property taken is an instrument for the payment of money, evidence

of debt, public security or passage ticket, completed and ready to

be issued or delivered, though the same has never been issued or

delivered by the makers thereof to any person as a purchaser or

owner.

R.L. 1910, § 2662.
Okla. Stat. tit. 21, § 21-1220.1 — OK Code / Title 21 / Section 21-1220.1
Prohibition of alcohol inhalation device
Status: in_force

It is unlawful for any person to buy, sell, furnish, manufacture

or possess any alcohol inhalation device, alcohol infuser or any

other device capable of causing a blood or breath alcohol

concentration in the human body by means of fumes, vapors, gases,

Oklahoma Statutes - Title 21. Crimes and Punishments Page 538

air particles or matter inhaled directly into the central nervous

system by mouth or nasal passages. Any person convicted of any

violation of this section shall be guilty of a misdemeanor

punishable by a fine in the amount of Five Thousand Dollars

($5,000.00). The Alcoholic Beverage Laws Enforcement Commission is

prohibited from licensing any establishment for consumption of

alcohol from such prohibited devices, and shall permanently revoke

any license issued to any person convicted of any violation of this

section. Provided, however, that any inhalation device which may

contain alcohol and is intended or used for medicinal purposes,

whether it is available for over-the-counter or by prescription

purchase, shall be exempt from these provisions.
Okla. Stat. tit. 21, § 21-1289.21 — OK Code / Title 21 / Section 21-1289.21
Possession or use of restricted bullets
Status: in_force

POSSESSION OR USE OF RESTRICTED BULLETS

A. It shall be unlawful for any person to possess, carry upon

his person, use or attempt to use against another person any

restricted bullet as defined in Section 1289.19 of this title.

B. Any person convicted of violating subsection A of this

section shall be guilty of a Class B4 felony offense and shall be

punished by imprisonment in the State Penitentiary for not less than

two (2) years nor more than ten (10) years. The sentence so imposed

shall not be suspended.
Okla. Stat. tit. 21, § 21-1955 — OK Code / Title 21 / Section 21-1955
Penalties - Civil actions
Status: in_force

A. Upon conviction of a felony under the provisions of the

Oklahoma Computer Crimes Act, the person shall be guilty of a Class

C2 felony offense and shall be punished by a fine of not less than

Five Thousand Dollars ($5,000.00) and not more than One Hundred

Thousand Dollars ($100,000.00), or by confinement as provided for in

subsections B through F of Section 20M of this title, or by both

such fine and imprisonment.

B. Upon conviction of a misdemeanor under the provisions of the

Oklahoma Computer Crimes Act, punishment shall be by a fine of not

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

the county jail not to exceed thirty (30) days, or by both such fine

and imprisonment.

C. In addition to any other civil remedy available, the owner

or lessee of the computer, computer system, computer network,

computer program or data may bring a civil action against any person

convicted of a violation of the Oklahoma Computer Crimes Act for

compensatory damages, including any victim expenditure reasonably

and necessarily incurred by the owner or lessee to verify that a

computer system, computer network, computer program or data was or

was not altered, damaged, deleted, disrupted or destroyed by the

access. In any action brought pursuant to this subsection the court

may award reasonable attorneys fees to the prevailing party.
Okla. Stat. tit. 21, § 21-61.3 — OK Code / Title 21 / Section 21-61.3
Parole - Revocation - Relinquishment of custody
Status: in_force

When a defendant is on parole from a sentence rendered by an

Oklahoma state court and is also under sentence from a federal court

or another state's court, the Governor may revoke the defendant's

parole and direct that custody of the defendant be relinquished to

the federal or another state's authorities and that such parole

revocation may run concurrently with the federal or another state's

sentence which has been imposed. The Governor may also order that a

parole revocation run concurrently with any other sentence rendered

by an Oklahoma state court.
Okla. Stat. tit. 21, § 21-281 — OK Code / Title 21 / Section 21-281
False statements made during an internal investigation
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 185

A. Any person who knowingly makes or utters a materially false

statement, either verbally or in writing, in the course of an

internal state agency investigation shall, upon conviction, be

guilty of a misdemeanor punishable by imprisonment in the county

jail for not more than one (1) year, or by a fine not exceeding Five

Hundred Dollars ($500.00), or by both such fine and imprisonment.

B. The person being interviewed pursuant to subsection A of

this section shall be informed, in writing and prior to commencement

of the interview, that providing a materially false statement shall

subject the person to criminal prosecution.
Okla. Stat. tit. 21, § 21-1040.13 — OK Code / Title 21 / Section 21-1040.13
Acts prohibited - Felony
Status: in_force

Every person who, with knowledge of its contents, sends, brings,

or causes to be sent or brought into this state for sale or

commercial distribution, or in this state prepares, sells, exhibits,

commercially distributes, gives away, offers to give away, or has in

his or her possession with intent to sell, to commercially

distribute, to exhibit, to give away, or to offer to give away any

Oklahoma Statutes - Title 21. Crimes and Punishments Page 437

obscene material or child sexual abuse material or gives information

stating when, where, how, or from whom, or by what means obscene

material or child sexual abuse material can be purchased or

obtained, upon conviction, is guilty of a Class B4 felony offense

and shall be punished by imprisonment for not more than ten (10)

years in prison or by a fine of not more than Ten Thousand Dollars

($10,000.00), or by both such imprisonment and fine.
Okla. Stat. tit. 21, § 21-1265.1 — OK Code / Title 21 / Section 21-1265.1
Definitions - Highway - Highway commissioners - Public
Status: in_force

utility.

"Highway" includes any private or public street, way or other

place used for travel to or from property.

"Highway commissioners" means any individual, board or other

body having authority under then existing law to discontinue the use

of the highway which it is desired to restrict or close to public

use and travel.

"Public utility" includes any pipeline, gas, electric, heat,

water, oil, sewer, telephone, telegraph, radio, railway, railroad,

airplane, transportation, communication or other system, by

whomsoever owned or operated for public use.
Okla. Stat. tit. 21, § 21-1731 — OK Code / Title 21 / Section 21-1731
See the following versions:
Status: in_force

OS 21-1731v1 (HB 2751, Laws 2016, c. 221, § 19)

OS 21-1731v2 (HB 2104, Laws 2025, c. 486, § 256)
Okla. Stat. tit. 21, § 21-1401 — OK Code / Title 21 / Section 21-1401
Arson in the first degree
Status: in_force

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

burns, or by the use of any explosive device, accelerant, ignition

Oklahoma Statutes - Title 21. Crimes and Punishments Page 682

device, heat-producing 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 or structure or

contents thereof, inhabited or occupied by one or more persons,

whether the property of that person or another, or who willfully and

maliciously sets fire to or burns, or by the use of any explosive

device, accelerant, ignition device, heat-producing device or

substance causes a person to be burned, or aids, counsels or

procures the burning of a person shall, upon conviction, be guilty

of arson in the first degree, which is a Class A3 felony offense,

and shall be punished by a fine not to exceed Twenty-five Thousand

Dollars ($25,000.00), or by imprisonment in the custody of the

Department of Corrections for not more than thirty-five (35) years,

or by both such fine and imprisonment.

B. Any person who, while manufacturing, attempting to

manufacture or endeavoring to manufacture a controlled dangerous

substance in violation of subsection G of Section 2-401 of Title 63

of the Oklahoma Statutes, 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 or contents thereof, inhabited or

occupied by one or more persons whether the property of that person

or another, or who while manufacturing or attempting to manufacture

a controlled dangerous substance in violation of subsection G of

Section 2-401 of Title 63 of the Oklahoma Statutes causes a person

to be burned, or aids, counsels or procures the burning of a person

shall, upon conviction, be guilty of arson in the first degree,

which is a Class A3 felony offense, and shall be punished by a fine

not to exceed Twenty-five Thousand Dollars ($25,000.00) and by

imprisonment in the custody of the Department of Corrections for not

more than thirty-five (35) years.
Okla. Stat. tit. 21, § 21-991 — OK Code / Title 21 / Section 21-991
Betting or letting premises for betting on races
Status: in_force

A. Except as provided for in the Oklahoma Horse Racing Act, it

shall be unlawful for any person, association, or corporation:

1. To bet or wager upon the result of any trial of speed or

power of endurance of animals or beasts; or

2. To occupy any room, shed, tenement or building, or any part

thereof, or to occupy any place upon any grounds with books,

apparatus, or paraphernalia for the purpose of recording or

registering bets or wagers or of selling pools, or making books or

mutuals upon the result of any trial of speed or power of endurance

of animals or beasts; or

3. Being the owner or lessee or occupant of any room, tent,

tenement, shed, booth, or building, or part thereof at any place

knowingly to permit the same to be used or occupied to keep,

exhibit, or employ any device or apparatus for the purpose of

recording or registering such bets or wagers or the selling or

making of such books, pools or mutuals, or to become the custodian

or depository for gain, hire or reward of any money, property or

thing of value, bet or wagered or to be wagered or bet upon the

result of any trial of speed or power of endurance of animals or

beasts; or

4. To receive, register, record, forward or purport or pretend

to forward to or for any racetrack within or without this state, any

money, thing or consideration of value offered for the purpose of

being bet or wagered upon the result of any trial of speed or power

of endurance of any animal or beast; or

5. To occupy any place, or building or part thereof with books,

papers, apparatus, or paraphernalia for the purpose of receiving or

pretending to receive or for recording or for registering or for

forwarding or pretending or attempting to forward in any manner

whatever, any money, thing or consideration of value, bet or wagered

or to be bet or wagered by any person, or to receive or offer to

receive any money, thing, or consideration of value bet or to be bet

upon the result of any trial of speed or power of endurance of any

animal or beast; or

6. To aid or assist or abet at any racetrack or other place in

any manner in any of the acts forbidden by this section.

B. Any person, association, or corporation convicted of

violating the provisions of paragraph 1 of subsection A of this

section shall be guilty of a Class D3 felony offense and shall be

fined not less than Two Hundred Dollars ($200.00) nor more than Five

Hundred Dollars ($500.00) and be imprisoned as provided for in

subsections B through F of Section 20P of this title. Any person,

association, or corporation convicted of violating any provision of

paragraphs 2, 3, 4, 5 or 6 of subsection A of this section shall be

guilty of a Class C2 felony offense and shall be fined not more than

Oklahoma Statutes - Title 21. Crimes and Punishments Page 413

Ten Thousand Dollars ($10,000.00), or be imprisoned as provided for

in subsections B through F of Section 20M of this title, or both

said fine and imprisonment.

C. Any personal property used for the purpose of violating any

of the provisions of this section shall be disposed of as provided

for in Section 1261 of Title 22 of the Oklahoma Statutes.
Okla. Stat. tit. 21, § 21-385 — OK Code / Title 21 / Section 21-385
Misconduct of jurors
Status: in_force

Every juror or person drawn or summoned as a juror, or chosen

arbitrator, or umpire, or appointed referee, who either:

Oklahoma Statutes - Title 21. Crimes and Punishments Page 206

1. Makes any promise or agreement to give a verdict for or

against any party; or,

2. Willfully permits any communication to be made to him, or

receives any book, paper, instrument, or information relative to any

cause pending before him, except according to the regular course of

proceeding upon the trial of such cause, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-443 — OK Code / Title 21 / Section 21-443
Escape from city or county jail or custody of Department
Status: in_force

of Corrections - Penalty - Juvenile or youthful offender.

A. Any person having been imprisoned in a county or city jail

awaiting charges on a felony offense or prisoner awaiting trial or

having been sentenced on a felony charge to the custody of the

Department of Corrections or any other prisoner having been lawfully

detained who escapes from a county or city jail, either while

actually confined therein, while permitted to be at large as a

trusty, or while awaiting transportation to a Department of

Corrections facility for execution of sentence, 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.

B. Any person who is an inmate in the custody of the Department

of Corrections who escapes from said custody, either while actually

confined in a correctional facility, while assigned to an

alternative to incarceration authorized by law, while assigned to

the Preparole Conditional Supervision Program as authorized by

Section 365 of Title 57 of the Oklahoma Statutes or while permitted

to be at large as a trusty, 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.

C. For the purposes of this section, an inmate assigned to an

alternative to incarceration authorized by law or to the Preparole

Conditional Supervision Program shall be considered to have escaped

Oklahoma Statutes - Title 21. Crimes and Punishments Page 217

if the inmate cannot be located within a twenty-four hour period or

if he or she fails to report to a correctional facility or

institution, as directed. This includes any person escaping by

absconding from an electronic monitoring device or absconding after

removing an electronic monitoring device from their body.

D. For the purposes of this section, if the individual who

escapes has felony convictions for offenses other than the offense

for which the person was serving imprisonment at the time of the

escape, those previous felony convictions may be used for

enhancement of punishment pursuant to the provisions of Section 434

of this title. The fact that any such convictions may have been

used to enhance punishment in the sentence for the offense for which

the person was imprisoned at the time of the escape shall not

prevent such convictions from being used to enhance punishment for

the escape.

E. Any juvenile or youthful offender lawfully placed in a

juvenile detention facility or secure juvenile facility, other than

a community intervention center, who escapes from the facility while

actually confined therein, who escapes while escorted by a

transportation officer, or who escapes while permitted to be on an

authorized pass or work program outside the facility 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. For

purposes of this subsection:

1. A juvenile or youthful offender permitted to be on an

authorized pass or work program shall be considered to have escaped

if the juvenile or youthful offender cannot be located within a

twenty-four-hour period or if the juvenile or youthful offender

fails to report to the facility at the specified time, and shall

include any juvenile or youthful offender escaping by absconding

from an electronic monitoring device or absconding after removing an

electronic monitoring device from the body of the juvenile or

youthful offender; and

2. “Escape” means a juvenile or youthful offender in lawful

custody who has absented himself or herself without official

permission from a facility or secure placement, during transport to

or from such facility, or failure to return from a pass issued by a

facility.Oklahoma Statutes - Title 21. Crimes and Punishments Page 6
Okla. Stat. tit. 21, § 21-29 — OK Code / Title 21 / Section 21-29
Sending letter - When complete - Place of prosecution
Status: in_force

In the various cases in which the sending of a letter is made

criminal by this chapter, the offense is deemed complete from the

time when such letter is deposited in any post office or any other

place, or delivered to any person with intent that it shall be

forwarded. And the party may be indicted and tried in any county

wherein such letter is so deposited or delivered, or in which it

shall be received by the person to whom it is addressed.
Okla. Stat. tit. 21, § 21-1289.4 — OK Code / Title 21 / Section 21-1289.4
Definitions for Firearms Act - Rifles
Status: in_force

DEFINITIONS FOR FIREARMS ACT

"Rifles" as used in the Oklahoma Firearms Act of 1971, Sections

1289.1 through 1289.17 of this title, shall mean any firearm capable

of discharging a projectile composed of any material which may

reasonably be expected to be able to cause lethal injury, with a

barrel or barrels more than sixteen (16) inches in length, and using

either gunpowder, gas or any means of rocket propulsion, but not to

include archery equipment, flare guns or underwater fishing guns.

In addition, any rifle capable of firing "shot" but primarily

designed to fire single projectiles will be regarded as a "rifle".
Okla. Stat. tit. 21, § 21-112 — OK Code / Title 21 / Section 21-112
Sexual assault
Status: in_force

The term "sexual assault" is any type of sexual contact or

behavior that occurs without explicit consent of the recipient

including, but not limited to, forced sexual intercourse, forcible

sodomy, child molestation, child sexual abuse, incest, fondling and

all attempts to complete any of the aforementioned acts.

In any criminal jury trial of a crime involving any type of

sexual contact or behavior where "consent" is an element of the

crime or a defense raised by the accused, the court shall instruct

the jury on the definition of consent as such term is defined in

Section 113 of this title.
Okla. Stat. tit. 21, § 21-1040.12av1 — OK Code / Title 21 / Section 21-1040.12av1
Aggravated possession of child sexual abuse
Status: in_force

material - Penalties - Definitions.

A. Any person who, with knowledge of its contents, possesses

one hundred (100) or more separate materials depicting child sexual

abuse material shall be, upon conviction, guilty of aggravated

possession of child sexual abuse material. The violator shall be

punished by imprisonment in the custody of the Department of

Corrections for a term not exceeding life imprisonment and by a fine

in an amount not more than Ten Thousand Dollars ($10,000.00). The

violator, upon conviction, shall be required to register as a sex

offender under the Sex Offenders Registration Act.

B. For purposes of this section:

1. Multiple copies of the same identical material shall each be

counted as a separate item;

2. The term "material" means the same definition provided by

Section 1040.75 of this title and, in addition, includes all digital

and computerized images and depictions; and

3. The term "child sexual abuse material" means the same

definition provided by Section 1040.80 of this title and, in

addition, includes sexual conduct, sexual excitement,

sadomasochistic abuse, and performance of material harmful to minors

where a minor is present or depicted as such terms are defined in

Section 1040.75 of this title.
Okla. Stat. tit. 21, § 21-104 — OK Code / Title 21 / Section 21-104
Property defined
Status: in_force

The term "property" includes both real and personal property.
Okla. Stat. tit. 21, § 21-650.10 — OK Code / Title 21 / Section 21-650.10
Touching assistive device with intent to harass –
Status: in_force

Penalties.

Every person who, without justifiable or excusable cause and

with intent to harass, touches any assistive device of another

person, shall upon conviction, be guilty of a misdemeanor punishable

Oklahoma Statutes - Title 21. Crimes and Punishments Page 292

by imprisonment in the county jail for a period of not more than one

(1) year, or by a fine not to exceed One Thousand Dollars

($1,000.00), or by both such fine and imprisonment.

As used in this section, “assistive device” means any device

that enables a person with a disability to communicate, see, hear,

or maneuver.
Okla. Stat. tit. 21, § 21-51.3 — OK Code / Title 21 / Section 21-51.3
Repealed by State Question No. 780, Initiative Petition
Status: in_force

No. 404, § 21, adopted at General Election held on November 8, 2016,

eff. July 1, 2017.
Okla. Stat. tit. 21, § 21-1027 — OK Code / Title 21 / Section 21-1027
Letting building for unlawful purposes
Status: in_force

Every person who lets any building or portion of any building

knowing that it is intended to be used for any purpose declared

punishable by this article, or who otherwise permits any building or

portion of a building to be so used, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-1022 — OK Code / Title 21 / Section 21-1022
Seizure of obscene material or child sexual abuse
Status: in_force

materials – Delivery to magistrate.

Every person who is authorized or enjoined to arrest any person

for a violation of paragraph 3 of subsection A of Section 1021 of

this title is equally authorized and enjoined to seize one copy of

the obscene material, or all copies of explicit child sexual abuse

material, found in possession of 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.

R.L. 1910, § 2464. Amended by Laws 1996, c. 37, § 4, eff. Nov. 1,

1996; Laws 2000, c. 208, § 5, eff. Nov. 1, 2000; Laws 2024, c. 59, §

12, eff. Nov. 1, 2024.
Okla. Stat. tit. 21, § 21-13.1 — OK Code / Title 21 / Section 21-13.1
See the following versions:
Status: in_force

OS 21-13.1v1 (HB 3936, Laws 2024, c. 59, 5)

OS 21-13.1v2 (HB 1001, Laws 2025, c. 18, § 2)

OS 21-13.1v3 (SB 541, Laws 2025, c. 162, § 1)

OS 21-13.1v4 (SB 631, Laws 2025, c. 352, § 1)
Okla. Stat. tit. 21, § 21-1731.1 — OK Code / Title 21 / Section 21-1731.1
Shoplifting - Civil liabilities - Public service in
Status: in_force

lieu of damages - Limitations - Jurisdiction.

A. As used in this section:

1. "Merchant" means an owner or operator of any mercantile

establishment, and includes the merchant's employees, servants,

security agents or other agents;

2. "Mercantile establishment" means any place where merchandise

is displayed, held or offered for sale, either at retail or

wholesale;

Oklahoma Statutes - Title 21. Crimes and Punishments Page 793

3. "Unemancipated minor" means any unmarried person under

eighteen (18) years of age under direct supervision and care of the

parent or legal guardian of the minor; and

4. "Emancipated minor" means any person under eighteen (18) who

is married and/or not under direct supervision and care of the

parent or legal guardian of the minor.

B. An adult or emancipated minor who takes possession of any

goods, wares, or merchandise displayed or offered for sale by any

wholesale or retail store or other mercantile establishment without

the consent of the owner, seller, or merchant and with the intention

of converting such goods, wares, or merchandise to his own use

without having paid the purchase price thereof, shall be liable in a

civil action for the retail price of the merchandise if it is

unsalable or the percentage of the diminished value of the

merchandise due to the conversion together with attorney fees and

court costs.

C. The parent or legal guardian having custody of an

unemancipated minor who takes possession of any goods, wares, or

merchandise displayed or offered for sale by any wholesale or retail

store or other mercantile establishment without the consent of the

owner, seller, or merchant, and with the intention of converting

such goods, wares, or merchandise to his own use without having paid

the purchase price thereof shall be liable in a civil action for the

retail price of the merchandise if it is unsalable or the percentage

of the diminished value of the merchandise due to the conversion

together with attorney fees and court costs.

D. An adult, emancipated minor or unemancipated minor against

whom judgment is rendered for taking possession of any goods, wares

or merchandise displayed or offered for sale by any wholesale or

retail store or other mercantile establishment without the consent

of the owner, seller or merchant and with the intention of

converting such goods, wares or merchandise to his or her own use

without having paid the purchase price thereof, may also be required

to pay exemplary damages.

E. In lieu of the exemplary damages prescribed by subsection D

of this section, any adult, emancipated minor or unemancipated minor

against whom a judgment for exemplary damages has been rendered

hereunder may be required to perform public services designated by

the court; provided, that in no event shall any such person be

required to perform less than the number of hours of such public

service necessary to satisfy the damages assessed by the court at

the federal minimum wage prevailing in the state at the time of

judgment, but in no case less than Fifty Dollars ($50.00) nor more

than Five Hundred Dollars ($500.00).

F. The provisions of this section are in addition to criminal

penalties and other civil remedies and shall not limit merchants or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 794

other persons from electing to pursue criminal penalties and other

civil remedies, so long as a double recovery does not result.

G. For the purpose of this section, liability shall not be

imposed upon any governmental entity, private agency, or foster

parent assigned responsibility for the minor child pursuant to court

order or action of the Department of Human Services.

H. Notwithstanding any other provision of law, a civil action

or proceeding pursuant to this section may be commenced at any time

within two (2) years after the conduct in violation of a provision

of this section terminates or the cause of action accrues. If a

criminal prosecution is brought by the state or by the United States

to punish, prevent, or restrain any criminal action contained or

described in this section, the running of the period of limitations

prescribed by this section shall be suspended during the pendency of

such prosecution, action, or proceeding and for one (1) year

following its termination or conclusion.

I. An action for recovery of damages, pursuant to this section,

may be brought in the small claims division of the district court

where the damages sought are within the jurisdictional limits of the

court, or in any other appropriate court.
Okla. Stat. tit. 21, § 21-968 — OK Code / Title 21 / Section 21-968
"Person" defined
Status: in_force

For the purposes of this act, "person" is defined to include any

person, partnership, association, company, stock company,

corporation, receiver, trustee, organization or club.
Okla. Stat. tit. 21, § 21-1206 — OK Code / Title 21 / Section 21-1206
Punishment for violations
Status: in_force

Any person or any officer of any city or town violating any of

the provisions of this act shall, upon conviction, be fined not less

than Two Hundred Dollars ($200.00) nor more than Five Hundred

Dollars ($500.00), or be imprisoned in the county jail for not more

than thirty (30) days, or by both such fine and imprisonment.
Okla. Stat. tit. 21, § 21-1713v2 — OK Code / Title 21 / Section 21-1713v2
Receiving stolen property - Presumption
Status: in_force

A. Every person who buys or receives, in any manner, upon any

consideration, personal property of a value of One Thousand Dollars

($1,000.00) or more that has been stolen, embezzled, obtained by

false pretense or robbery, knowing or having reasonable cause to

believe the same to have been stolen, embezzled, obtained by false

pretense, or robbery, or who conceals, withholds, or aids in

concealing or withholding such property from the owner shall, upon

conviction, be guilty of a felony punishable as follows:

1. If the value of the personal property is 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 and shall be punished by imprisonment as provided for in

subsections B through F of Section 20P of this title, or by a fine

not to exceed Five Hundred Dollars ($500.00), or by both such fine

and imprisonment;

2. If the value of the personal property is 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 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 by both such

fine and imprisonment; or

3. If the value of the personal property is Fifteen Thousand

Dollars ($15,000.00) or more, the person shall be guilty of a Class

C2 felony offense and shall be punished by imprisonment as provided

for in subsections B through F of Section 20M of this title, or by a

fine not to exceed Five Hundred Dollars ($500.00), or by both such

imprisonment and fine.

B. If the personal property that has been stolen, embezzled,

obtained by false pretense or robbery has a value of less than One

Thousand Dollars ($1,000.00), the person shall, upon conviction, be

Oklahoma Statutes - Title 21. Crimes and Punishments Page 785

guilty of a misdemeanor punishable by imprisonment in the county

jail for a term not to exceed six (6) months.

C. Every person who, without making reasonable inquiry, buys,

receives, conceals, withholds, or aids in concealing or withholding

any property which has been stolen, embezzled, obtained by false

pretense or robbery, or otherwise feloniously obtained, under such

circumstances as should cause such person to make reasonable inquiry

to ascertain that the person from whom such property was bought or

received had the legal right to sell or deliver it shall be presumed

to have bought or received such property knowing it to have been so

stolen or wrongfully obtained. This presumption may, however, be

rebutted by proof.

R.L. 1910, § 2664. Amended by Laws 1961, p. 234, § 1, emerg. eff.

July 18, 1961; Laws 1997, c. 133, § 393, eff. July 1, 1999; Laws

1999, 1st Ex. Sess., c. 5, § 285, eff. July 1, 1999; State Question

No. 780, Initiative Petition No. 404, § 6, adopted at election held

on November 8, 2016, eff. July 1, 2017; Laws 2018, c. 116, § 13,

eff. Nov. 1, 2018; Laws 2025, c. 486, § 249, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 393 from July 1, 1998, to July 1, 1999.
Okla. Stat. tit. 21, § 21-1266 — OK Code / Title 21 / Section 21-1266
Advocating overthrow of government by force - Penalty
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 556

Any person above the age of eighteen (18) years who advocates

revolution, teaches or justifies a program of sabotage, force and

violation, sedition or treason against the government of the United

States or of this state, or who directly or indirectly advocates or

teaches by any means the overthrow of the government of the United

States or of this state by force or any unlawful means shall be

guilty of a Class B1 felony offense, and upon conviction shall be

punished by imprisonment in the State Penitentiary from five (5)

years to life.
Okla. Stat. tit. 21, § 21-1515 — OK Code / Title 21 / Section 21-1515
Telecommunication services - Unlawful procurement -
Status: in_force

Penalty.

Any individual, corporation, or other person, who, with intent

to defraud or to aid and abet another to defraud any individual,

corporation, or other person, of the lawful charge, in whole or in

part, for any telecommunications service, shall avoid or attempt to

Oklahoma Statutes - Title 21. Crimes and Punishments Page 705

avoid or shall cause or assist another to avoid or attempt to avoid

any such charge for such service:

(a) by charging such service to an existing account, or using

such services from an existing account, telephone number or credit

card number without the authority of the subscriber thereto or the

legitimate holder thereof; or

(b) by charging such service to a nonexistent, false,

fictitious, or counterfeit account, telephone number or credit card

number or to a suspended, terminated, expired, cancelled or revoked

telephone number or credit card number; or

(c) by use of a code, prearranged scheme, or other similar

strategem or device whereby said person in effect sends or receives

information; or

(d) by rearranging, tampering with or making connection with any

facilities or equipment of a telephone or other communications

company, whether physically, inductively, acoustically, or

electrically, or by utilizing such service, having reason to believe

that such rearrangement, connection, or tampering existed or

occurred;

shall be 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, § 21-98 — OK Code / Title 21 / Section 21-98
Vessel
Status: in_force

The word "vessel," when used with reference to shipping,

includes ships of all kinds, steamboats, and steamships, canal

boats, and every structure adapted to be navigated from place to

place.
Okla. Stat. tit. 21, § 21-1753.9 — OK Code / Title 21 / Section 21-1753.9
Return of road signs or markers without penalty - Time
Status: in_force

period.

A. Within the first ninety (90) days after the effective date

of this act, every person possessing any city, state or county road

sign or marker may return it to the county sheriff of the residency

of the person without penalty of law, provided the provisions of

this subsection shall not apply to any person who removed the sign

Oklahoma Statutes - Title 21. Crimes and Punishments Page 818

or marker if the removal of the sign or marker resulted in death or

personal injury.

B. The sheriff shall hold any returned city, state or county

road sign or marker and shall notify the Department of

Transportation that such signs or markers have been returned. The

Department shall have the authority to promulgate any necessary

rules and regulations concerning the disposition of the returned

signs or markers, which shall include written permission to keep old

and nonuseable signs.
Okla. Stat. tit. 21, § 21-142A — OK Code / Title 21 / Section 21-142A
Short title
Status: in_force

Sections 142A, 142A-1 and 142B of this title and Sections 4

through 11 of this act shall be known and may be cited as the

"Oklahoma Victim's Rights Act".
Okla. Stat. tit. 21, § 21-348 — OK Code / Title 21 / Section 21-348
Willful neglect by state officers
Status: in_force

Oklahoma Statutes - Title 21. Crimes and Punishments Page 195

Any State Auditor and Inspector, State Treasurer, State

Superintendent of Public Instruction, or any other state officer who

willfully neglects or refuses to perform the duties of his office,

as prescribed by law, is guilty of a misdemeanor.
Okla. Stat. tit. 21, § 21-861 — OK Code / Title 21 / Section 21-861
Procuring an abortion
Status: in_force

Every person who administers to any woman, or who prescribes for

any woman, or advises or procures any woman to take any medicine,

drug or substance, or uses or employs any instrument, or other means

whatever, with intent thereby to procure the miscarriage of such

woman, unless the same is necessary to preserve her life, 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, § 2436. Amended by Laws 1961, p. 230, § 1; Laws 1997, c.

133, § 257, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 161,

eff. July 1, 1999; Laws 2025, c. 486, § 388, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 257 from July 1, 1998, to July 1, 1999.
Okla. Stat. tit. 21, § 21-1153 — OK Code / Title 21 / Section 21-1153
Burial in other states
Status: in_force

The last section does not affect the right to carry the dead

body of a human being through this state, or to remove from this

state the body of a person dying within it, for the purpose of

burying the same in another state or territory.
Okla. Stat. tit. 21, § 21-701.11a — OK Code / Title 21 / Section 21-701.11a
Clemency not affected
Status: in_force

Nothing in this act shall be construed to impair or abrogate the

use of clemency by way of commutation or pardon.