2012 Oklahoma Statutes
Title 21 - Crimes and Punishments


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<p><span class="cls0">&sect;211. Title of code.&nbsp;</span></p> <p><span class="cls0">This chapter shall be known as the penal code of the State of Oklahoma.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2082. &nbsp;</span></p> <p><span class="cls0">&sect;212. Criminal acts are only those prescribed "This code" defined.&nbsp;</span></p> <p><span class="cls0">No act or omission shall be deemed criminal or punishable except as prescribed or authorized by this code. The words "this code" as used in the "penal code" shall be construed to mean "Statutes of this State."&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2083.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;213. Crime and public offense defined.&nbsp;</span></p> <p><span class="cls0">A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon conviction, either of the following punishments:&nbsp;</span></p> <p><span class="cls0">1. Death;&nbsp;</span></p> <p><span class="cls0">2. Imprisonment;&nbsp;</span></p> <p><span class="cls0">3. Fine;&nbsp;</span></p> <p><span class="cls0">4. Removal from office; or&nbsp;</span></p> <p><span class="cls0">5. Disqualification to hold and enjoy any office of honor, trust, or profit, under this state.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2084. Amended by Laws 1997, c. 133, &sect; 10, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 1, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 10 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;214. Crimes classified.&nbsp;</span></p> <p><span class="cls0">Crimes are divided into:&nbsp;</span></p> <p><span class="cls0">1. Felonies;&nbsp;</span></p> <p><span class="cls0">2. Misdemeanors.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2085. &nbsp;</span></p> <p><span class="cls0">&sect;21-5. Felony defined.&nbsp;</span></p> <p><span class="cls0">A felony is a crime which is, or may be, punishable with death, or by imprisonment in the penitentiary.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2086. Amended by Laws 1997, c. 133, &sect; 11, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 2, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 11 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;216. Misdemeanor defined.&nbsp;</span></p> <p><span class="cls0">Every other crime is a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2087. R.L.1910, &sect; 2087. &nbsp;</span></p> <p><span class="cls0">&sect;217. Objects of penal code.&nbsp;</span></p> <p><span class="cls0">This title specifies the classes of persons who are deemed capable of crimes, and liable to punishment therefor. This title defines the nature of various crimes and prescribes the kind and measure of punishment to be inflicted for each. The manner of prosecuting and convicting criminals is regulated by the code of criminal procedure.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2088. Amended by Laws 1997, c. 133, &sect; 12, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 3, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 12 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;218. Conviction must precede punishment.&nbsp;</span></p> <p><span class="cls0">The punishments prescribed by this chapter can be inflicted only upon a legal conviction in a court having jurisdiction.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2090. &nbsp;</span></p> <p><span class="cls0">&sect;219. Punishment of felonies.&nbsp;</span></p> <p><span class="cls0">Except in cases where a different punishment is prescribed by this title, or by some existing provision of law, every offense declared to be a felony is punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary not exceeding two (2) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2090. Amended by Laws 1997, c. 133, &sect; 13, eff. July 1, 1999; Laws 1998, 1st Ex.Sess., c. 2, &sect; 1, emerg. eff. June 19, 1998; Laws 1999, 1st Ex.Sess., c. 5, &sect; 4, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 13 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;2110. Punishment of misdemeanor.&nbsp;</span></p> <p><span class="cls0">Except in cases where a different punishment is prescribed by this chapter or by some existing provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding one year or by a fine not exceeding five hundred dollars, or both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2091. &nbsp;</span></p> <p><span class="cls0">&sect;2111. Special provisions as governing Acts punishable in different ways Acts not otherwise punishable by imprisonment.&nbsp;</span></p> <p><span class="cls0">A. If there be in any other provision of the laws of this state a provision making any specific act or omission criminal and providing the punishment therefor, and there be in this title any provision or section making the same act or omission a criminal offense or prescribing the punishment therefor, that offense and the punishment thereof, shall be governed by the special provisions made in relation thereto, and not by the provisions of this title. But an act or omission which is made punishable in different ways by different provisions of this title may be punished under any of such provisions, except that in cases specified in Section 434 of this act or Section 54 of this title, the punishments therein prescribed are substituted for those prescribed for a first offense, but in no case can a criminal act or omission be punished under more than one section of law; and an acquittal or conviction and sentence under one section of law, bars the prosecution for the same act or omission under any other section of law.&nbsp;</span></p> <p><span class="cls0">B. Provided, however, notwithstanding any provision of law to the contrary, any offense, including traffic offenses, in violation of the laws of this state which is not otherwise punishable by a term of imprisonment or confinement shall be punishable by a term of imprisonment not to exceed one day in the discretion of the court, in addition to any fine prescribed by law.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2092. Amended by Laws 1970, c. 199, &sect; 1; Laws 1987, c. 226, &sect; 1, operative July 1, 1987; Laws 1997, c. 133, &sect; 14, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 5, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 14 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-12. Repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-12.1. Required service of minimum percentage of sentence &ndash; Effective date.&nbsp;</span></p> <p><span class="cls0">A person committing a felony offense listed in Section 30 of this act on or after March 1, 2000, and convicted of the offense shall serve not less than eighty-five percent (85%) of the sentence of imprisonment imposed within the Department of Corrections. Such person shall not be eligible for parole consideration prior to serving eighty-five percent (85%) of the sentence imposed and such person shall not be eligible for earned credits or any other type of credits which have the effect of reducing the length of the sentence to less than eighty-five percent (85%) of the sentence imposed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, 1st Ex.Sess., c. 4, &sect; 29, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-13. Repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-13.1. Required service of minimum percentage of sentence - Offenses specified.&nbsp;</span></p> <p><span class="cls0">Persons convicted of:&nbsp;</span></p> <p><span class="cls0">1. First degree murder as defined in Section 701.7 of this title;&nbsp;</span></p> <p><span class="cls0">2. Second degree murder as defined by Section 701.8 of this title;&nbsp;</span></p> <p><span class="cls0">3. Manslaughter in the first degree as defined by Section 711 of this title;&nbsp;</span></p> <p><span class="cls0">4. Poisoning with intent to kill as defined by Section 651 of this title;&nbsp;</span></p> <p><span class="cls0">5. Shooting with intent to kill, use of a vehicle to facilitate use of a firearm, crossbow or other weapon, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm, as provided for in Section 652 of this title;&nbsp;</span></p> <p><span class="cls0">6. Assault with intent to kill as provided for in Section 653 of this title;&nbsp;</span></p> <p><span class="cls0">7. Conjoint robbery as defined by Section 800 of this title;&nbsp;</span></p> <p><span class="cls0">8. Robbery with a dangerous weapon as defined in Section 801 of this title;&nbsp;</span></p> <p><span class="cls0">9. First degree robbery as defined in Section 797 of this title;&nbsp;</span></p> <p><span class="cls0">10. First degree rape as provided for in Section 1115 of this title;&nbsp;</span></p> <p><span class="cls0">11. First degree arson as defined in Section 1401 of this title;&nbsp;</span></p> <p><span class="cls0">12. First degree burglary as provided for in Section 1436 of this title;&nbsp;</span></p> <p><span class="cls0">13. Bombing as defined in Section 1767.1 of this title;&nbsp;</span></p> <p><span class="cls0">14. Any crime against a child provided for in Section 843.5 of this title;&nbsp;</span></p> <p><span class="cls0">15. Forcible sodomy as defined in Section 888 of this title;&nbsp;</span></p> <p><span class="cls0">16. Child pornography as defined in Section 1021.2, 1021.3 or 1024.1 of this title;&nbsp;</span></p> <p><span class="cls0">17. Child prostitution as defined in Section 1030 of this title;&nbsp;</span></p> <p><span class="cls0">18. Lewd molestation of a child as defined in Section 1123 of this title;&nbsp;</span></p> <p><span class="cls0">19. Abuse of a vulnerable adult as defined in Section 10-103 of Title 43A of the Oklahoma Statutes who is a resident of a nursing facility;&nbsp;</span></p> <p><span class="cls0">20. Aggravated trafficking as provided for in subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; or&nbsp;</span></p> <p><span class="cls0">21. Aggravated assault and battery upon any person defending another person from assault and battery,&nbsp;</span></p> <p><span class="cls0">shall be required to serve not less than eighty-five percent (85%) of any sentence of imprisonment imposed by the judicial system prior to becoming eligible for consideration for parole. Persons convicted of these offenses shall not be eligible for earned credits or any other type of credits which have the effect of reducing the length of the sentence to less than eighty-five percent (85%) of the sentence imposed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, 1st Ex.Sess., c. 4, &sect; 30, eff. July 1, 1999. Amended by Laws 2000, c. 291, &sect; 2, eff. Nov. 1, 2000; Laws 2001, c. 437, &sect; 2, eff. July 1, 2001; Laws 2002, c. 22, &sect; 7, emerg. eff. March 8, 2002; Laws 2007, c. 199, &sect; 1, eff. Nov. 1, 2007; Laws 2009, c. 234, &sect; 117, emerg. eff. May 21, 2009; Laws 2011, c. 385, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2001, c. 428, &sect; 2 repealed by Laws 2002, c. 22, &sect; 34, emerg. eff. March 8, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-14. Repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-15. Repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-16. Repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-17. Repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-18. Repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-19. Uniform reporting system to be used by criminal and juvenile justice information systems.&nbsp;</span></p> <p><span class="cls0">For purposes of any crime specified by the criminal code of this title or any provision of the law in this state, all criminal and juvenile justice information systems shall adopt and use the uniform reporting standard created and published by the Oklahoma State Bureau of Investigation as provided by Section 1517 of Title 22 of the Oklahoma Statutes. The uniform reporting standard shall insure the accurate reporting of all criminal and juvenile delinquency information relating to arrests, charges, custody records, dispositions, and any other information record purporting to identify a criminal or juvenile delinquency history record or information to be maintained by any criminal or juvenile justice information system within this state. Every district court, criminal justice agency, and juvenile delinquency agency of this state is hereby directed to comply with and use the uniform reporting standard for reporting and maintaining all criminal justice information systems of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 122, &sect; 2, eff. July 1, 2001. Amended by Laws 2009, c. 178, &sect; 5.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-20.1. Repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-20.2. Repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-20.3. Repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-20.4. Repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;2121. Prohibited act a misdemeanor, when.&nbsp;</span></p> <p><span class="cls0">Where the performance of an act is prohibited by any statute, and no penalty for the violation of such statute is imposed in any statute, the doing of such act is a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2792. &nbsp;</span></p> <p><span class="cls0">&sect;21-22. Gross injuries - Grossly disturbing peace - Openly outraging public decency - Injurious acts not expressly forbidden.&nbsp;</span></p> <p><span class="cls0">Every person who willfully and wrongfully commits any act which grossly injures the person or property of another, or which grossly disturbs the public peace or health, or which openly outrages public decency, including but not limited to urination in a public place, and is injurious to public morals, although no punishment is expressly prescribed therefor by this code, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2793. Amended by Laws 2007, c. 358, &sect; 1, eff. July 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-23. Repealed by Laws 1970, c. 199, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;2124. Acts punishable under foreign laws.&nbsp;</span></p> <p><span class="cls0">An act or omission declared punishable by this chapter, is not less so because it is also punishable under the laws of another State, government or country, unless the contrary is expressly declared in this chapter.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2795. &nbsp;</span></p> <p><span class="cls0">&sect;21-25. Repealed by Laws 1986, c. 178, &sect; 1, eff. Nov. 1, 1986.&nbsp;</span></p> <p><span class="cls0">&sect;2126. Contempts, criminal acts which are also punishable as.&nbsp;</span></p> <p><span class="cls0">A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2797. &nbsp;</span></p> <p><span class="cls0">&sect;2127. Mitigation of punishment.&nbsp;</span></p> <p><span class="cls0">Where it is made to appear at the time of passing sentence upon a person convicted, that such person has already paid a fine or suffered an imprisonment for the act which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2798. &nbsp;</span></p> <p><span class="cls0">&sect;2128. Aiding in a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in the commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act, is guilty of a misdemeanor, and punishable in the same manner as the principal offender.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2799. &nbsp;</span></p> <p><span class="cls0">&sect;2129. Sending letter When complete Place of prosecution.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2800. &nbsp;</span></p> <p><span class="cls0">&sect;2130. Failure to perform duty.&nbsp;</span></p> <p><span class="cls0">No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf, and competent by law to perform it.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2801. &nbsp;</span></p> <p><span class="cls0">&sect;2141. Conviction for attempt not permitted where crime is perpetrated.&nbsp;</span></p> <p><span class="cls0">No person can be convicted of an attempt to commit a crime when it appears that the crime intended or attempted was perpetrated by such person in pursuance of such attempt.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2802. &nbsp;</span></p> <p><span class="cls0">&sect;2142. Attempts to commit crimes Punishment.&nbsp;</span></p> <p><span class="cls0">Every person who attempts to commit any crime, and in such attempt does any act toward the commission of such crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempt, as follows:&nbsp;</span></p> <p><span class="cls0">1. If the offense so attempted be punishable by imprisonment in the penitentiary for four (4) years or more, or by imprisonment in a county jail, the person guilty of such attempt is punishable by imprisonment in the penitentiary, or in a county jail, as the case may be, for a term not exceeding one-half (1/2) the longest term of imprisonment prescribed upon a conviction for the offense so attempted.&nbsp;</span></p> <p><span class="cls0">2. If the offense so attempted be punishable by imprisonment in the penitentiary for any time less than four (4) years, the person guilty of such attempt is punishable by imprisonment in a county jail for not more than one (1) year.&nbsp;</span></p> <p><span class="cls0">3. If the offense so attempted be punishable by a fine, the offender convicted of such attempt is punishable by a fine not exceeding one-half (1/2) the largest fine which may be imposed upon a conviction of the offense so attempted.&nbsp;</span></p> <p><span class="cls0">4. If the offense so attempted be punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half (1/2) the longest term of imprisonment and the fine not exceeding one-half (1/2) the largest fine which may be imposed upon a conviction for the offense so attempted.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2803. Amended by Laws 1997, c. 133, &sect; 21, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 10, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 21 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;2143. Unsuccessful attempt Another crime committed.&nbsp;</span></p> <p><span class="cls0">The last two sections do not protect a person who in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2804. &nbsp;</span></p> <p><span class="cls0">&sect;21-44. Attempt defined.&nbsp;</span></p> <p><span class="cls0">A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:&nbsp;</span></p> <p><span class="cls0">(a) purposely engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or,&nbsp;</span></p> <p><span class="cls0">(b) when causing a particular result in an element of the crime, does anything with the purpose of causing or with the belief that it will cause such result, without further conduct on his part.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 220, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-51. Repealed by Laws 1997, c. 133, &sect; 602, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 602 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-51.1. Second and subsequent offenses after conviction of offense punishable by imprisonment in the State Penitentiary.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided in the Elderly and Incapacitated Victim's Protection Program and Section 3 of this act, every person who, having been convicted of any offense punishable by imprisonment in the State Penitentiary, commits any crime after such conviction, within ten (10) years of the date following the completion of the execution of the sentence, and against whom the District Attorney seeks to enhance punishment pursuant to this section of law, is punishable therefor as follows:&nbsp;</span></p> <p><span class="cls0">1. If the offense for which the person is subsequently convicted is an offense enumerated in Section 571 of Title 57 of the Oklahoma Statutes and the offense is punishable by imprisonment in the State Penitentiary for a term exceeding five (5) years, such person is punishable by imprisonment in the State Penitentiary for a term in the range of ten (10) years to life imprisonment.&nbsp;</span></p> <p><span class="cls0">2. If the offense of which such person is subsequently convicted is such that upon a first conviction an offender would be punishable by imprisonment in the State Penitentiary for any term exceeding five (5) years, such person is punishable by imprisonment in the State Penitentiary for a term in the range of twice the minimum term for a first time offender to life imprisonment. If the subsequent felony offense does not carry a minimum sentence as a first time offender, such person is punishable by imprisonment in the State Penitentiary for a term in the range of two (2) years to life imprisonment.&nbsp;</span></p> <p><span class="cls0">3. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the State Penitentiary for five (5) years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the State Penitentiary for a term not exceeding ten (10) years.&nbsp;</span></p> <p><span class="cls0">4. If such subsequent conviction is for petit larceny, the person convicted of such subsequent offense is punishable by imprisonment in the State Penitentiary for a term not exceeding five (5) years.&nbsp;</span></p> <p><span class="cls0">B. Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense which is an offense enumerated in Section 571 of Title 57 of the Oklahoma Statutes, within ten (10) years of the date following the completion of the execution of the sentence, and against whom the District Attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the State Penitentiary for a term in the range of twenty (20) years to life imprisonment. Felony offenses relied upon shall not have arisen out of the same transaction or occurrence or series of events closely related in time and location. Nothing in this section shall abrogate or affect the punishment by death in all crimes now or hereafter made punishable by death.&nbsp;</span></p> <p><span class="cls0">C. Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense within ten (10) years of the date following the completion of the execution of the sentence, and against whom the District Attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the State Penitentiary for a term in the range of three times the minimum term for a first time offender to life imprisonment. If the subsequent felony offense does not carry a minimum sentence as a first time offender, the person is punishable by imprisonment in the State Penitentiary for a term in the range of four (4) years to life imprisonment. Felony offenses relied upon shall not have arisen out of the same transaction or occurrence or series of events closely related in time and location. Nothing in this section shall abrogate or affect the punishment by death in all crimes now or hereafter made punishable by death.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, 1st Ex.Sess., c. 5, &sect; 434, eff. July 1, 1999. Amended by Laws 2001, c. 437, &sect; 3, eff. July 1, 2001; Laws 2002, c. 455, &sect; 1, emerg. eff. June 5, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-51.1a. Second offense of rape in the first degree, forcible sodomy, lewd molestation or sexual abuse of a child.&nbsp;</span></p> <p><span class="cls0">Any person convicted of rape in the first degree, forcible sodomy, lewd molestation or sexual abuse of a child after having been convicted of either rape in the first degree, forcible sodomy, lewd molestation or sexual abuse of a child shall be sentenced to life without parole.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 455, &sect; 3, emerg. eff. June 5, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-51.2. Second and subsequent offenses 10 years after completion of sentence.&nbsp;</span></p> <p><span class="cls0">Except as provided in Section 3 of this act, no person shall be sentenced as a second and subsequent offender under Section 51.1 of this title, or any other section of the Oklahoma Statutes, when a period of ten (10) years has elapsed since the completion of the sentence imposed on the former conviction; provided, said person has not, in the meantime, been convicted of a misdemeanor involving moral turpitude or a felony. Nothing in this section shall prohibit the use of a prior conviction for physical or sexually related child abuse as a prior conviction for second and subsequent offender purposes if the person is presently charged with a felony crime involving physical or sexually related child abuse.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, 1st Ex.Sess., c. 5, &sect; 435, eff. July 1, 1999. Amended by Laws 2000, c. 245, &sect; 2, eff. Nov. 1, 2000; Laws 2002, c. 455, &sect; 2, emerg. eff. June 5, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-51.3. Second and subsequent offenses after conviction of petit larceny, or attempt to commit offense punishable by imprisonment in the State Penitentiary.&nbsp;</span></p> <p><span class="cls0">Every person who, having been convicted of petit larceny, or of an attempt to commit an offense which if perpetrated, would be punishable by imprisonment in the State Penitentiary, commits any crime after such conviction, is punishable as follows:&nbsp;</span></p> <p><span class="cls0">1. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the State Penitentiary for life, such person is punishable by imprisonment in such prison for life.&nbsp;</span></p> <p><span class="cls0">2. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the State Penitentiary for any term less than for life, such person is punishable by imprisonment in such prison for the longest term prescribed upon a conviction for such first offense.&nbsp;</span></p> <p><span class="cls0">3. If such subsequent conviction is for petit larceny, or for any attempt to commit an offense, which, if perpetrated, would be punishable by imprisonment in the State Penitentiary, then such person is punishable by imprisonment in such prison for a term not exceeding five (5) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, 1st Ex.Sess., c. 5, &sect; 436, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-51A. Repealed by Laws 1997, c. 133, &sect; 602, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 602 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-52. Repealed by Laws 1998, c. 133, &sect; 602, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 602 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;2153. Attempt to conceal death of child Felony on subsequent conviction.&nbsp;</span></p> <p><span class="cls0">Every woman who, having been convicted of endeavoring to conceal the birth of an issue of her body, which, if born alive, would be a bastard, or the death of any such issue under the age of two (2) years, subsequently to such conviction endeavors to conceal any such birth or death of issue of her body, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years and not less than two (2) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2807. Amended by Laws 1997, c. 133, &sect; 153, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 73, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 153 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;2154. When first conviction was foreign.&nbsp;</span></p> <p><span class="cls0">Every person who has been convicted in any other state, government or country of an offense which, if committed within this state, would be punishable by the laws of this state by imprisonment in the penitentiary, is punishable for any subsequent crime committed within this state, in the manner prescribed in Section 434, 435 or 436 of this act, and to the same extent as if such first conviction had taken place in a court of this state.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2808. Amended by Laws 1997, c. 133, &sect; 15, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 6, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 15 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-61. Repealed by Laws 1979, c. 135, &sect; 7, emerg. eff. May 3, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;2161.1. Sentences to be served in order received by penal institution Concurrent sentences Credit for good conduct.&nbsp;</span></p> <p><span class="cls0">When any person is convicted of two (2) or more crimes in the same proceeding or court or in different proceedings or courts, and the judgment and sentence for each conviction arrives at a state penal institution on different dates, the sentence which is first received at the institution shall commence and be followed by those sentences which are subsequently received at the institution, in the order in which they are received by the institution, regardless of the order in which the judgments and sentences were rendered by the respective courts, unless a judgment and sentence provides that it is to run concurrently with another judgment and sentence. This section shall not affect the credits allowed under Section 138 of Title 57.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1979, c. 135, &sect; 1, emerg. eff. May 3, 1979; Laws 1980, c. 222, &sect; 1, emerg. eff. May 30, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;2161.2. Sentences to run concurrent with federal court or another state's court sentence.&nbsp;</span></p> <p><span class="cls0">When a defendant is sentenced in an Oklahoma state court and is also under sentence from a federal court or another state's court, the court may direct that custody of the defendant be relinquished to the federal or another state's authorities and that such Oklahoma state court sentences as are imposed may run concurrently with the federal or another state's sentence imposed.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1979, c. 135, &sect; 2, emerg. eff. May 3, 1979; Laws 1980, c. 222, &sect; 2, emerg. eff. May 30, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;2161.3. Parole Revocation Relinquishment of custody.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">Amended by Laws 1988, c. 141, &sect; 1, eff. Nov. 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;2161.4. Suspended sentence Revocation Relinquishment of custody.&nbsp;</span></p> <p><span class="cls0">When a defendant has received a suspended sentence from an Oklahoma state court and is also under sentence from a federal court or another state's court, the court may revoke the suspended sentence and direct that custody of the defendant be relinquished to the federal or another state's authorities and that the sentence may run concurrently with the federal or other state's sentence which has been imposed.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1979, c. 135, &sect; 4, emerg. eff. May 3, 1979; Laws 1980, c. 222, &sect; 4, emerg. eff. May 30, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;2161.5. Return to State to complete sentence.&nbsp;</span></p> <p><span class="cls0">Provided, that, after a defendant has been transferred to another jurisdiction pursuant to the provisions of this act, if any sentence remains to be served in the State of Oklahoma, such defendant shall be returned by the sentencing court to the State of Oklahoma to complete his sentence.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1979, c. 135, &sect; 5, emerg. eff. May 3, 1979; Laws 1980, c. 222, &sect; 5, emerg. eff. May 30, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;21-62. Repealed by Laws 1997, c. 133, &sect; 602, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 602 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21-62.1. Imprisonment where no maximum.&nbsp;</span></p> <p><span class="cls0">Whenever any person is declared punishable for a crime by imprisonment in the penitentiary for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorized to pronounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment during the natural life of the offender, or for any number of years not less than such as are prescribed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, 1st Ex.Sess., c. 5, &sect; 437, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-63. Repealed by Laws 1978, c. 74, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;2164. Imposition of fine in addition to imprisonment.&nbsp;</span></p> <p><span class="cls0">A. Upon a conviction for any misdemeanor punishable by imprisonment in any jail, in relation to which no fine is prescribed by law, the court or a jury may impose a fine on the offender not exceeding One Thousand Dollars ($1,000.00) in addition to the imprisonment prescribed.&nbsp;</span></p> <p><span class="cls0">B. Upon a conviction for any felony punishable by imprisonment in any jail or prison, in relation to which no fine is prescribed by law, the court or a jury may impose a fine on the offender not exceeding Ten Thousand Dollars ($10,000.00) in addition to the imprisonment prescribed.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2812. Amended by Laws 1983, c. 75, &sect; 1, emerg. eff. April 29, 1983; Laws 1993, c. 51, &sect; 1, eff. Sept. 1, 1993; Laws 1997, c. 133, &sect; 16, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 7, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 16 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-65. Civil rights suspended.&nbsp;</span></p> <p><span class="cls0">A sentence of imprisonment under the Department of Corrections suspends all the civil rights of the person so sentenced, except the 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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2813; Laws 1976, c. 163, &sect; 2, emerg. eff. June 1, 1976.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-66. Repealed by Laws 1976, c. 163, &sect; 7, emerg. eff. June 1, 1976.&nbsp;</span></p> <p><span class="cls0">&sect;2167. Person of convict protected.&nbsp;</span></p> <p><span class="cls0">The person of a convict sentenced to imprisonment in the State Prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2815. &nbsp;</span></p> <p><span class="cls0">&sect;2168. Conviction does not work forfeiture.&nbsp;</span></p> <p><span class="cls0">No conviction of any person for crime works any forfeiture of any property, except in the cases of any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2816. &nbsp;</span></p> <p><span class="cls0">&sect;2181. Testimony Privilege of witnesses and perjury.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2817. &nbsp;</span></p> <p><span class="cls0">&sect;21-91. Terms to have meanings specified unless different meaning appears.&nbsp;</span></p> <p><span class="cls0">Wherever the terms mentioned in the following sections are employed in this title, they are deemed to be employed in the senses hereafter affixed to them, except where a different sense plainly appears.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2818. Amended by Laws 1997, c. 43, &sect; 1, emerg. eff. April 7, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;2192. Willfully defined.&nbsp;</span></p> <p><span class="cls0">The term "willfully" when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2819. &nbsp;</span></p> <p><span class="cls0">&sect;2193. Negligent Negligence.&nbsp;</span></p> <p><span class="cls0">The terms "neglect," "negligence," "negligent" and "negligently," when so employed, import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2820. &nbsp;</span></p> <p><span class="cls0">&sect;2194. Corruptly.&nbsp;</span></p> <p><span class="cls0">The term "corruptly" when so employed, imports a wrongful design to acquire some pecuniary or other advantage to the person guilty of the act or omission referred to.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2821. &nbsp;</span></p> <p><span class="cls0">&sect;2195. Malice Maliciously.&nbsp;</span></p> <p><span class="cls0">The terms "malice" and "maliciously," when so employed, import a wish to vex, annoy or injure another person, established either by proof or presumption of law.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2822. &nbsp;</span></p> <p><span class="cls0">&sect;2196. Knowingly.&nbsp;</span></p> <p><span class="cls0">The term "knowingly," when so applied, imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2823. &nbsp;</span></p> <p><span class="cls0">&sect;2197. Bribe.&nbsp;</span></p> <p><span class="cls0">The term "bribe" signifies any money, goods, right in action, property, thing of value or advantage, present or prospective, or any promise or undertaking, asked, given or accepted, with a corrupt intent to influence unlawfully the person to whom it is given, in his action, vote or opinion, in any public or official capacity.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2824. &nbsp;</span></p> <p><span class="cls0">&sect;2198. Vessel.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2825. &nbsp;</span></p> <p><span class="cls0">&sect;21-99. Peace officers.&nbsp;</span></p> <p><span class="cls0">The term "peace officer" means any sheriff, police officer, federal law enforcement officer, or any other law enforcement officer whose duty it is to enforce and preserve the public peace.&nbsp;</span></p> <p><span class="cls0">Every United States Marshal, Marshals Service deputy or other federal law enforcement officer who is employed full-time as a law enforcement officer by the federal government, who is authorized by federal law to conduct any investigation of, and make any arrest for, any offense in violation of federal law shall have the same authority, and be empowered to act, as peace officers within the State of Oklahoma in rendering assistance to any law enforcement officer in an emergency, or at the request of any officer, and to arrest any person committing any offense in violation of the laws of this state.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2826. Amended by Laws 1995, c. 240, &sect; 3, emerg. eff. May 24, 1995; Laws 1997, c. 43, &sect; 2, emerg. eff. April 7, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-99a. Authority of peace officers.&nbsp;</span></p> <p><span class="cls0">A. Subject to subparagraph C of this section in addition to any other powers vested by law, a peace officer of the State of Oklahoma as used in this section may enforce the criminal laws of this state throughout the territorial bounds of this state, under the following circumstances:&nbsp;</span></p> <p><span class="cls0">1. In response to an emergency involving an immediate threat to human life or property;&nbsp;</span></p> <p><span class="cls0">2. Upon the prior consent of the head of a state law enforcement agency, the sheriff or the chief of police in whose investigatory or territorial jurisdiction the exercise of the powers occurs;&nbsp;</span></p> <p><span class="cls0">3. In response to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of investigatory or territorial jurisdiction;&nbsp;</span></p> <p><span class="cls0">4. In response to the request for assistance by a peace officer with investigatory or territorial jurisdiction; or&nbsp;</span></p> <p><span class="cls0">5. While the officer is transporting a prisoner.&nbsp;</span></p> <p><span class="cls0">B. While serving as peace officers of the State of Oklahoma and rendering assistance under the circumstances enumerated above, peace officers shall have the same powers and duties as though employed by and shall be deemed to be acting within the scope of authority of the law enforcement agency in whose or under whose investigatory or territorial jurisdiction they are serving. Salaries, insurance and other benefits shall not be the responsibility of a law enforcement agency that is not the employing agency for the officer.&nbsp;</span></p> <p><span class="cls0">C. A municipal peace officer may exercise authority provided by this section only if the officer acts pursuant to policies and procedures adopted by the municipal governing body.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 43, &sect; 3, emerg. eff. April 7, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21100. Signature.&nbsp;</span></p> <p><span class="cls0">The term "signature" includes any name, mark or sign, written with the intent to authenticate any instrument or writing.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2827. &nbsp;</span></p> <p><span class="cls0">&sect;21101. Writing includes printing.&nbsp;</span></p> <p><span class="cls0">The term "writing" includes printing.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2828. &nbsp;</span></p> <p><span class="cls0">&sect;21102. Real property.&nbsp;</span></p> <p><span class="cls0">The term "real property" includes every estate, interest and right in lands, tenements and hereditaments.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2829. &nbsp;</span></p> <p><span class="cls0">&sect;21103. Personal property.&nbsp;</span></p> <p><span class="cls0">The term "personal property" includes every description of money, goods, chattels, effects, evidences of right in action, and written instruments by which any pecuniary obligation, right or title to property, real or personal, is created or acknowledged, transferred, increased, defeated, discharged or diminished.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2830. &nbsp;</span></p> <p><span class="cls0">&sect;21104. Property defined.&nbsp;</span></p> <p><span class="cls0">The term "property" includes both real and personal property.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2831. &nbsp;</span></p> <p><span class="cls0">&sect;21105. Person defined.&nbsp;</span></p> <p><span class="cls0">The word "person" includes corporations, as well as natural persons.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2832. &nbsp;</span></p> <p><span class="cls0">&sect;21106. Person as designating party whose property may be subject of offense.&nbsp;</span></p> <p><span class="cls0">Where the term "person" is used in this chapter to designate the party whose property may be the subject of any offense, it includes this state, any other state, government or country which may lawfully own any property within this state, and all public and private corporations or joint associations, as well as individuals.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2833. &nbsp;</span></p> <p><span class="cls0">&sect;21107. Singular includes plural.&nbsp;</span></p> <p><span class="cls0">The singular number includes the plural, and the plural the singular.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2834. &nbsp;</span></p> <p><span class="cls0">&sect;21108. Gender.&nbsp;</span></p> <p><span class="cls0">Words used in the masculine gender comprehend as well the feminine and neuter.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2835. &nbsp;</span></p> <p><span class="cls0">&sect;21109. Present tense.&nbsp;</span></p> <p><span class="cls0">Words used in the present tense include the future, but exclude the past.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2836. &nbsp;</span></p> <p><span class="cls0">&sect;21110. Intent to defraud.&nbsp;</span></p> <p><span class="cls0">Whenever, by any of the provisions of this chapter, an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association or body politic or corporate whatever.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2837. &nbsp;</span></p> <p><span class="cls0">&sect;21131. Civil remedies not affected.&nbsp;</span></p> <p><span class="cls0">The omission to specify or affirm in this chapter, any liability to any damages, penalty, forfeiture or other remedy, imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2838. &nbsp;</span></p> <p><span class="cls0">&sect;21132. Proceeding to impeach or remove.&nbsp;</span></p> <p><span class="cls0">The omission to specify or affirm in this chapter, any ground of forfeiture of a public office or other trust or special authority conferred by law, to impeach, remove, depose or suspend any public officer or other person holding any trust, appointment or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition or suspension.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2839. &nbsp;</span></p> <p><span class="cls0">&sect;21133. Military punishment Contempt Apprentices, Bastards, etc.&nbsp;</span></p> <p><span class="cls0">This chapter, does not affect any power conferred by law upon any court martial or other military authority or officer to impose or inflict punishment upon offenders; nor any power conferred by law upon any public body, tribunal, or officer, to impose or inflict punishment for a contempt; nor any provisions of the laws relating to apprentices, bastards, disorderly persons, Indians and vagrants.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2840. &nbsp;</span></p> <p><span class="cls0">&sect;21141. Payment into school fund.&nbsp;</span></p> <p><span class="cls0">All fines, forfeitures and pecuniary penalties prescribed as a punishment by any of the provisions of this chapter, when collected, shall be paid into the treasury and credited to the school fund of the county where such fines are collected.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2841. &nbsp;</span></p> <p><span class="cls0">&sect;21142.1. Intent of Legislature.&nbsp;</span></p> <p><span class="cls0">It is the intent of the Legislature to provide a method of compensating and assisting those persons who become victims of criminal acts and who suffer physical or psychological injury or death who are either within this state or who are residents of this state who become victims, as defined in Section 142.3 of this title, in states that have no crime victims compensation program. It is the further intent of the Legislature that district attorney offices shall provide services to victims of crime, as provided by law, and to assist in completing victim compensation claims pursuant to this act. To this end, it is the further intent of the Legislature to provide compensation in the amount of expenses actually incurred as a direct result of the criminal acts of other persons.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 93, &sect; 1. Amended by Laws 1989, c. 348, &sect; 7, eff. Nov. 1, 1989; Laws 1999, c. 177, &sect; 1, eff. July 1, 1999; Laws 2001, c. 369, &sect; 1, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21142.2. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Oklahoma Crime Victims Compensation Act".&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1981, c. 93, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;21-142.3. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Crime Victims Compensation Act, Section 142.1 et seq. of this title:&nbsp;</span></p> <p><span class="cls0">1. "Allowable expense" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;charges incurred for needed products, services and accommodations, including, but not limited to, medical care, wage loss, rehabilitation, rehabilitative occupational training and other remedial treatment and care,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any reasonable expenses related to the funeral, cremation or burial,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;reasonable costs for counseling family members of a homicide victim, &nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;reasonable costs associated with homicide crime scene cleanup, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;reasonable cost of vehicle impound fees associated with the collection and security of crime scene evidence;&nbsp;</span></p> <p><span class="cls0">2. "Board" means the Crime Victims Compensation Board created by Section 142.4 of this title;&nbsp;</span></p> <p><span class="cls0">3. "Claimant" means any of the following persons applying for compensation under the Crime Victims Compensation Act:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a victim,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a dependent of a victim who has died because of criminally injurious conduct, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a person authorized to act on behalf of any of the persons enumerated in subparagraphs a and b of this paragraph;&nbsp;</span></p> <p><span class="cls0">4. "Collateral source" means a source of benefits or advantages for economic loss for which the claimant would otherwise be eligible to receive compensation under this act, and which the claimant has received, or which is readily available to the claimant, from any one or more of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the offender,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the government of the United States or any agency thereof, in the form of benefits, such as social security, Medicare and Medicaid, a state or any of its political subdivisions or an instrumentality or two or more states, unless the law providing for the benefits or advantages makes them excessive or secondary to benefits under this act,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;state-required temporary nonoccupational disability insurance,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;workers' compensation,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;wage continuation programs of any employer,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;a contract providing prepaid hospital and other health care services or benefits for disability,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;a contract providing prepaid burial expenses or benefits, or&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;proceeds of any contract of insurance payable to the claimant for loss which the victim sustained because of the criminally injurious conduct, except:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;life insurance proceeds or uninsured motorist proceeds in an amount of Fifty Thousand Dollars ($50,000.00) or less shall not be considered a collateral source when computing loss of support, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;life insurance proceeds and proceeds from personal uninsured motorist coverage of any amount shall not be considered a collateral source for computing burial expenses;&nbsp;</span></p> <p class="cls2"><span class="cls0">5.&nbsp;&nbsp;a.&nbsp;&nbsp;"Criminally injurious conduct" means a misdemeanor or felony which occurs or is attempted in this state, or against a resident of this state in a state that does not have an eligible crime victims compensation program as such term is defined in the federal Victims of Crime Act of 1984, Public Law 98-473, that results in bodily injury, threat of bodily injury or death to a victim which:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;may be punishable by fine, imprisonment or death, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;if the act is committed by a child, could result in such child being adjudicated a delinquent child.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Such term shall not include acts arising out of the negligent maintenance or use of a motor vehicle unless:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;the vehicle was operated or driven by the offender while under the influence of alcohol, with a blood alcohol level in excess of the legal limit, or while under the influence of any other intoxicating substance,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;the vehicle was operated or driven by the offender with the intent to injure or kill the victim or in a manner imminently dangerous to another person and evincing a depraved mind, although without any premeditated design to injure or effect the death of any particular person,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;the offense involved willful, malicious or felonious failure to stop after being involved in a personal injury accident to avoid detection or prosecution, provided the victim of the accident was a pedestrian or was operating a vehicle moved solely by human power or a mobility device at the time of contact, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;the offense involving one or more vehicles results in the death of the victim due to the reckless disregard for the safety of others by the offender. As used in this division, &ldquo;reckless disregard for the safety of others&rdquo; is defined as the omission to do something which a reasonably careful person would do, or the lack of the usual and ordinary care and caution in the performance of an act usually and ordinarily exercised by a person under similar circumstances and conditions.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;&ldquo;Criminally injurious conduct&rdquo; shall include an act of terrorism, as defined in Section 2331 of Title 18, United States Code, committed outside the United States;&nbsp;</span></p> <p><span class="cls0">6. "Dependent" means a natural person wholly or partially dependent upon the victim for care or support, and includes a child of the victim born after the death of the victim where the death occurred as a result of criminally injurious conduct;&nbsp;</span></p> <p><span class="cls0">7. "Economic loss of a dependent" means loss after death of the victim of contributions of things of economic value to the dependent, not including services which would have been received from the victim if he or she had not suffered the fatal injury;&nbsp;</span></p> <p><span class="cls0">8. "Replacement services loss of dependent" means the loss reasonably incurred by dependents after death of the victim in obtaining ordinary and necessary services in lieu of those the deceased victim would have performed for their benefit had the deceased victim not suffered the fatal injury, less expenses of the dependent avoided by reason of death of the victim and not subtracted in calculating the economic loss of the dependent;&nbsp;</span></p> <p><span class="cls0">9. "Economic loss" means monetary detriment consisting only of allowable expense, work loss, replacement services loss and, if injury causes death, economic loss and replacement services loss of a dependent, but shall not include noneconomic loss;&nbsp;</span></p> <p><span class="cls0">10. "Noneconomic detriment" means pain, suffering, inconvenience, physical impairment and nonpecuniary damage;&nbsp;</span></p> <p><span class="cls0">11. "Replacement services loss" means expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the victim would have performed, not for income, but for the benefit of self or family, if the victim had not been injured or died;&nbsp;</span></p> <p><span class="cls0">12. "Traffic offense" means violation of a law relating to the operation of vehicles, but shall not mean negligent homicide due to operation of a motor vehicle, reckless driving, tampering with or damaging a motor vehicle, failure of a driver of a motor vehicle involved in an accident resulting in death or personal injury to stop at the scene of the accident, leaving the scene of an accident resulting in death or personal injury, operating or being in actual physical control of a motor vehicle while intoxicated or impaired due to alcohol or other intoxicating substance, or combination thereof, or operating a motor vehicle with a blood alcohol content in excess of the legal limit;&nbsp;</span></p> <p><span class="cls0">13. "Work loss for victim" means loss of income from work the victim would have performed if such person had not been injured or died, reduced by any income from substitute work actually performed by the victim or by income the victim would have earned in available appropriate substitute work that the victim was capable of performing but unreasonably failed to undertake, or loss of income from work the victim&rsquo;s caregiver would have performed if the injuries of the victim sustained as a result of the criminally injurious conduct had not created the need for the caregiver to miss work to care for the injured victim; and&nbsp;</span></p> <p><span class="cls0">14. "Victim" means a person who suffers personal injury or death as a result of criminally injurious conduct and shall include a resident of this state who is injured or killed by an act of terrorism committed outside of the United States.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 93, &sect; 3. Amended by Laws 1987, c. 224, &sect; 6, eff. Nov. 1, 1987; Laws 1988, c. 109, &sect; 21, eff. Nov. 1, 1988; Laws 1989, c. 125, &sect; 2, eff. Nov. 1, 1989; Laws 1989, c. 348, &sect; 8, eff. Nov. 1, 1989; Laws 1990, c. 146, &sect; 1, eff. Sept. 1, 1990; Laws 1992, c. 136, &sect; 3, eff. July 1, 1992; Laws 1993, c. 325, &sect; 5, emerg. eff. June 7, 1993; Laws 1996, c. 292, &sect; 2, emerg. eff. June 10, 1996; Laws 1997, c. 357, &sect; 4, emerg. eff. June 9, 1997; Laws 1998, c. 410, &sect; 2, eff. July 1, 1998; Laws 1999, c. 177, &sect; 2, eff. July 1, 1999; Laws 2000, c. 324, &sect; 1, eff. July 1, 2000; Laws 2007, c. 171, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21142.4. Crime Victims Compensation Board Membership Qualifications Term Vacancies Officers Expenses.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created a Crime Victims Compensation Board, consisting of three (3) members appointed by the Governor with the advice and consent of the Senate to serve fouryear terms and until the successor is appointed and qualified. At least one member of the Board shall be a person admitted to practice law in this state. Of the first members appointed, one shall be appointed for a term of two (2) years, one shall be appointed for a term of three (3) years, and one shall be appointed for a term of four (4) years. Vacancies shall be filled in the same manner as regular appointments.&nbsp;</span></p> <p><span class="cls0">B. Each year the Board shall elect the chairman from its membership. Members of the Board shall receive such compensation, subsistence allowances, mileage and expenses as are provided by the State Travel Reimbursement Act.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1981, c. 93, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;21-142.5. Powers of Board relating to claims for compensation - Office and staff support.&nbsp;</span></p> <p><span class="cls0">A. The Crime Victims Compensation Board shall award compensation for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met. The Administrator of the Crime Victims Compensation Board may determine initial victims' claims and any victim's claim up to Ten Thousand Dollars ($10,000.00). The Board may delegate any other victim's claim to the Administrator of the Crime Victims Compensation Board at their discretion. The claimant shall have a right of appeal to the Board for any claim in dispute.&nbsp;</span></p> <p><span class="cls0">B. The Board shall hear and determine all matters relating to claims for compensation of Ten Thousand Dollars ($10,000.00) or more and may hear claims under Ten Thousand Dollars ($10,000.00). The Board shall be able to reinvestigate or reopen claims without regard to statutes of limitation. However, claims that have been inactive for a period of more than three (3) years from the date of the last action by the Board shall be deemed closed and any further action forever barred. Claim files may be destroyed after a claim is closed. Claims which have been declined may be destroyed after nine (9) months, following the last Board action, provided the claimant has not notified the Board of any intentions to request reconsideration of the claim.&nbsp;</span></p> <p><span class="cls0">C. The Board shall have the power to subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings and receive relevant evidence.&nbsp;</span></p> <p><span class="cls0">D. The Board shall be provided such office, support, staff and secretarial services as determined by the District Attorneys Council.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 93, &sect; 5. Amended by Laws 1989, c. 348, &sect; 9, eff. Nov. 1, 1989; Laws 1990, c. 93, &sect; 1, eff. Sept. 1, 1990; Laws 1993, c. 325, &sect; 6, emerg. eff. June 7, 1993; Laws 1999, c. 177, &sect; 3, eff. July 1, 1999; Laws 2007, c. 171, &sect; 2, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21142.6. Additional powers of Board.&nbsp;</span></p> <p><span class="cls0">In addition to any other powers and duties specified elsewhere in this act, the Board may:&nbsp;</span></p> <p><span class="cls0">1. Regulate its own procedures except as otherwise provided in this act;&nbsp;</span></p> <p><span class="cls0">2. Adopt rules and regulations to implement the provisions of this act;&nbsp;</span></p> <p><span class="cls0">3. Define any term not defined in this act;&nbsp;</span></p> <p><span class="cls0">4. Prescribe forms necessary to carry out the purposes of this act;&nbsp;</span></p> <p><span class="cls0">5. Have access to any reports of investigations from all law enforcement agencies, or other data necessary to assist the Board in making a determination of eligibility for compensation under the provisions of this act;&nbsp;</span></p> <p><span class="cls0">6. Take judicial notice of general, technical and scientific facts within their specialized knowledge; and&nbsp;</span></p> <p><span class="cls0">7. Publicize the availability of compensation and information regarding the filing of claims therefor.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1981, c. 93, &sect; 6. Amended by Laws 1999, c. 177, &sect; 4, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21142.7. Collateral source contributions.&nbsp;</span></p> <p><span class="cls0">The Board may require any claimant to seek or accept any collateral source contribution.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1981, c. 93, &sect; 7. Amended by Laws 1999, c. 177, &sect; 5, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21142.8. Parties Right to appear Hearing Notice Settlement of claim.&nbsp;</span></p> <p><span class="cls0">A. Every party to the claim shall be afforded an opportunity to appear and be heard and to offer evidence and argument on any issue relevant to the claim, and to examine witnesses and offer evidence in reply to any matter of an evidentiary nature in the record relevant to the claim.&nbsp;</span></p> <p><span class="cls0">B. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice pursuant to regulations promulgated by the Board. A record of the proceedings of the hearing in a contested case shall be made and shall be transcribed upon request of any party, who shall pay transcription costs unless otherwise ordered by the Board.&nbsp;</span></p> <p><span class="cls0">C. The Board may, without a hearing, settle a claim by stipulation, agreed settlement, consent order or default.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1981, c. 93, &sect; 8. &nbsp;</span></p> <p><span class="cls0">&sect;21-142.9. Waiver of physician-patient privilege - Mental or physical examination &ndash; Reports - Advisory panel - Limiting compensation for treatment - Debt collection.&nbsp;</span></p> <p><span class="cls0">A. Any person filing a claim under the provisions of Section 142.1 et seq. of this title shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental or emotional conditions of the claimant.&nbsp;</span></p> <p><span class="cls0">B. If the mental, physical or emotional condition of a claimant is material to a claim, the Crime Victims Compensation Board upon good cause shown may order the claimant to submit to a mental or physical examination. The examination report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses and other conclusions and reports of earlier examinations of the same conditions.&nbsp;</span></p> <p><span class="cls0">C. The Board shall furnish a copy of the report examined. If the victim is deceased, the Board, on request, shall furnish a copy of the report to the claimant.&nbsp;</span></p> <p><span class="cls0">D. The Board may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which compensation is claimed.&nbsp;</span></p> <p><span class="cls0">E. In certain cases wherein mental health expenses are being claimed, the Board and Administrator may request assistance from a panel of professionals in the mental health field. The panel of professionals may only act in an advisory capacity to the Board.&nbsp;</span></p> <p><span class="cls0">F. The Board shall have the authority to set limits of compensation on any medical or mental health treatment, and require that providers of medical or mental health treatments be licensed prior to compensating for said treatment. Awards for all medical services shall not exceed eighty percent (80%) of the total cost of the service less any other reduction for contributory conduct, as determined by the Board. Any medical provider that receives payment from the Crime Victims Compensation Revolving Fund for medical, dental or psychological services, or any provider that supplies equipment pursuant to an award under the Oklahoma Crime Victims Compensation Act shall, as a condition of the receipt of such payment, accept such payment as discharging in full any and all obligations of the claimant to pay, reimburse or compensate the provider for medical services, supplies or equipment that have been reimbursed pursuant to the Oklahoma Crime Victims Compensation Act. In the event the claimant has paid for a medical service, the claimant will be reimbursed for the out-of-pocket loss, less any reductions for contributory conduct, as determined by the Board.&nbsp;</span></p> <p><span class="cls0">G. All records and information given to the Board to process a claim on behalf of a crime victim shall be confidential. Such exhibits, medical records, psychological records, counseling records, work records, criminal investigation records, criminal court case records, witness statements, telephone records, and other records of any type or nature whatsoever gathered for the purpose of evaluating whether to compensate a victim shall not be obtainable by any party to any civil or criminal action through any discovery process except:&nbsp;</span></p> <p><span class="cls0">1. In the event of an appeal under the Administrative Procedures Act from a decision of the Board and then only to the extent narrowly and necessarily to obtain court review; or&nbsp;</span></p> <p><span class="cls0">2. Upon a strict showing to the court in a separate civil or criminal action that particular information or documents are not obtainable after diligent effort from any independent source, and are known to exist otherwise only in Board records, the court may inspect in camera such records to determine whether the specific requested information exists. If the court determines the specific information sought exists in the Board&rsquo;s records, the documents may then be released only by court order if the court finds as part of its order that the documents will not pose any threat to the safety of the victim or any other person whose identity may appear in the Board&rsquo;s records.&nbsp;</span></p> <p><span class="cls0">H. When a person files a claim, all health care providers that have been given notice of a pending claim shall refrain from all debt collection activities relating to medical treatment received by the person in connection with such claim until an award is made on the claim or until a claim is determined to be noncompensable pursuant to the provisions of this act. The statute of limitations for collection of such debt shall be tolled during the period in which the applicable health care provider is required to refrain from debt collection activities under this subsection. For the purposes of this subsection, &ldquo;debt collection activities&rdquo; means repeatedly calling or writing to the claimant and threatening either to turn the matter over to a debt collection agency or to an attorney for collection, enforcement, or filing of other process. The term shall not include routine billing about the status of the claim.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 93, &sect; 9. Amended by Laws 1993, c. 325, &sect; 7, emerg. eff. June 7, 1993; Laws 1998, c. 410, &sect; 3, eff. July 1, 1998; Laws 2004, c. 174, &sect; 1, eff. July 1, 2004; Laws 2007, c. 171, &sect; 3, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-142.10. Award of compensation - Criteria - Amount - Denial, withdrawal or reduction - Reconsideration.&nbsp;</span></p> <p><span class="cls0">A. Compensation shall not be awarded:&nbsp;</span></p> <p><span class="cls0">1. Unless the claim has been filed with the Board within one (1) year after the injury or death upon which the claim is based. The Board may, at its discretion, extend the filing period up to two (2) years from the date of the incident, provided the Board finds there was good cause for failure to file the claim within one (1) year. The Board may, at its discretion, extend the filing deadline beyond two (2) years only in child sexual assault cases. If the victim is mentally handicapped or is a child under eighteen (18) years of age, the Board may use the date the criminal incident was disclosed to a responsible adult, when establishing whether or not the claim was timely filed;&nbsp;</span></p> <p><span class="cls0">2. To a claimant who was the offender, or an accomplice of the offender;&nbsp;</span></p> <p><span class="cls0">3. To another person if the award would unjustly benefit the offender or accomplice; or&nbsp;</span></p> <p><span class="cls0">4. Unless the criminally injurious conduct resulting in injury or death was reported to a law enforcement officer within seventy-two (72) hours after its occurrence or the Board finds there was good cause for the failure to report within that time.&nbsp;</span></p> <p><span class="cls0">B. Compensation otherwise payable to a claimant shall be diminished to the extent:&nbsp;</span></p> <p><span class="cls0">1. That the economic loss is recouped from collateral sources; or&nbsp;</span></p> <p><span class="cls0">2. Of the degree of responsibility for the cause of the injury or death attributable to the victim as determined by the Board.&nbsp;</span></p> <p><span class="cls0">C. The Board, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, may deny, withdraw or reduce an award of compensation.&nbsp;</span></p> <p><span class="cls0">D. The Board, on its own motion or on request of the claimant, may reconsider a decision granting or denying an award or determining its amount. The motion or request to reconsider a decision shall be made within six (6) months from the date of the last action by the Board on the claim at issue. An order on reconsideration of an award shall not require a refund of amounts previously paid, unless the award was obtained by fraud. The right of reconsideration does not affect the finality of a Board decision for the purpose of judicial review. On claims which are denied by the Board, reconsideration may only be granted within six (6) months of the last Board action.&nbsp;</span></p> <p><span class="cls0">E. The provisions of subsections A and B of this section shall not apply to claimants eligible for compensation pursuant to the Murrah Crime Victims Compensation Act who make claims under the Oklahoma Crime Victims Compensation Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 93, &sect; 10. Amended by Laws 1989, c. 348, &sect; 10, eff. Nov. 1, 1989; Laws 1990, c. 93, &sect; 2, eff. Sept. 1, 1990; Laws 1993, c. 325, &sect; 8, emerg. eff. June 7, 1993; Laws 1995, c. 148, &sect; 7, emerg. eff. May 2, 1995; Laws 2007, c. 171, &sect; 4, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21142.11. Prosecution, conviction or adjudication not required Proof of conviction or copy of adjudication order Suspension of proceedings.&nbsp;</span></p> <p><span class="cls0">An award may be made whether or not any person is prosecuted or, convicted as an adult offender or adjudicated a delinquent child. Proof of conviction of a person whose acts give rise to a claim or a copy of the adjudication order for a delinquent child whose acts give rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction, certiorari or adjudication is pending, or a rehearing or new trial has been ordered. The Board may suspend the proceedings pending disposition of a criminal prosecution or delinquent child adjudication that has been commenced or is imminent, but may make a tentative award under Section 143.13 of this title.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1981, c. 93, &sect; 11. &nbsp;</span></p> <p><span class="cls0">&sect;21142.12. Recovery from collateral source Subrogation of state Retention of funds in trust Notice to Board.&nbsp;</span></p> <p><span class="cls0">A. If compensation is awarded, the state shall be subrogated to all the rights of a claimant to receive or recover from a collateral source to the extent that compensation was awarded.&nbsp;</span></p> <p><span class="cls0">B. In the event the claimant recovers compensation, other than under the provisions of this act, for injuries or death resulting from criminally injurious conduct, the claimant shall retain, as trustee, so much of the recovered funds as necessary to reimburse the Victims Compensation Revolving Fund to the extent that compensation was awarded to the claimant from that Fund. The funds retained in trust shall be promptly deposited in the Victims Compensation Revolving Fund.&nbsp;</span></p> <p><span class="cls0">C. If a claimant brings an action to recover damages related to the criminally injurious conduct upon which compensation is claimed or awarded, the claimant shall give the Board written notice of the action. After receiving the notice, the Board may join in the action as a party plaintiff to recover the compensation awarded.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1981, c. 93, &sect; 12. &nbsp;</span></p> <p><span class="cls0">&sect;21-142.13. Payment of award - Exemption from process - Assignment - Counseling expenses.&nbsp;</span></p> <p><span class="cls0">A. The Crime Victims Compensation Board may compensate for work loss, replacement services loss, dependent's economic loss and dependent's replacement service loss. Compensation for a caregiver who has out-of-pocket wage loss as a result of caring for the victim who was injured as a result of criminally injurious conduct may not exceed Three Thousand Dollars ($3,000.00).&nbsp;</span></p> <p><span class="cls0">B. Compensation payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed Twenty Thousand Dollars ($20,000.00) in the aggregate. The Board may, after approval of an initial award of Twenty Thousand Dollars ($20,000.00), grant an additional sum not to exceed Twenty Thousand Dollars ($20,000.00), specifically for loss of wages for the victim or loss of support for dependents of a deceased victim provided, there is verifiable economic loss after deducting payments from other sources. In no event shall compensation payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim exceed Forty Thousand Dollars ($40,000.00) in the aggregate.&nbsp;</span></p> <p><span class="cls0">C. The Board may provide for the payment to a claimant in a lump sum or in installments. At the request of the claimant, the Board may convert future economic loss, other than allowable expense, to a lump sum.&nbsp;</span></p> <p><span class="cls0">D. An award payable in a lump sum or installments for loss of support for a dependent of the deceased victim may be computed through a formula which calculates the net loss of support for dependents based upon an estimated date of retirement or an estimated date of adulthood for dependent children, beginning with the date of death of the victim and ending with the least of one of the following time periods for each dependent filing loss of support:&nbsp;</span></p> <p><span class="cls0">1. The amount of time from the date of death of the victim to the date the victim would have been expected to reach sixty-two (62) years of age;&nbsp;</span></p> <p><span class="cls0">2. The amount of time from the date of death of the victim to the date the spouse of the victim is expected to reach sixty-two (62) years of age; or&nbsp;</span></p> <p><span class="cls0">3. The amount of time from the date of death of the victim to the date a dependent child is expected to reach eighteen (18) years of age or twenty-three (23) years of age if the dependent child is enrolled as a full-time student. An award payable in installments for future loss of support may be modified by the Board in the event a dependent child receiving loss of support is between the ages of eighteen (18) and twenty-three (23) years of age and is no longer enrolled as a full-time student, the dependent dies before all installments are paid or the dependent receiving installments moves and leaves no forwarding address with the Board office.&nbsp;</span></p> <p><span class="cls0">E. An award shall not be subject to execution, attachment, garnishment or other process, except for child support and except that an award for allowable expense shall not be exempt from a claim of a creditor to the extent that such creditor has provided products, services or accommodations, the costs of which are included in the award.&nbsp;</span></p> <p><span class="cls0">F. An assignment by the claimant to any future award under the provisions of this act is unenforceable, except:&nbsp;</span></p> <p><span class="cls0">1. An assignment of any award for work loss to assure payment of court ordered alimony, maintenance or child support; or&nbsp;</span></p> <p><span class="cls0">2. An assignment of any award for allowable expense to the extent that the benefits are for the cost of products, services or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee.&nbsp;</span></p> <p><span class="cls0">G. The Board may, in its discretion, approve payment of crisis counseling, occurring within three (3) years of the crime, in an amount not to exceed Three Thousand Dollars ($3,000.00) for each family member of a homicide victim; provided, the counselor is a qualified mental health care provider. Medical and pharmaceutical treatment is not compensable for any family member of a deceased victim.&nbsp;</span></p> <p><span class="cls0">H. Outpatient counseling expenses for a victim of criminally injurious conduct may be considered by the Board provided the counseling is focused on the crime and the counselor is a qualified mental health care provider. A total not to exceed Three Thousand Dollars ($3,000.00) may be awarded for individual counseling sessions for victims of criminally injurious conduct. Sessions between the mental health care provider and nonoffending parents of a victimized child under eighteen (18) years of age may also be included in the award provided the combined total for the counseling and parental sessions do not exceed Three Thousand Dollars ($3,000.00) and the parental sessions relate to the victimization. In extreme cases, the Board may, in its discretion, waive the three-thousand-dollar limit. Inpatient mental health treatment will be reviewed on a case-by-case basis and may be compensated, at the discretion of the Board, in an amount not to exceed Twenty Thousand Dollars ($20,000.00).&nbsp;</span></p> <p><span class="cls0">I. Reasonable funeral, cremation or burial expenses shall not exceed Seven Thousand Five Hundred Dollars ($7,500.00).&nbsp;</span></p> <p><span class="cls0">J. Reasonable costs associated with crime scene cleanup shall not exceed Two Thousand Dollars ($2,000.00).&nbsp;</span></p> <p><span class="cls0">K. Loss of income of a caregiver shall not exceed Three Thousand Dollars ($3,000.00).&nbsp;</span></p> <p><span class="cls0">L. Reasonable costs for vehicle impound fees are limited to violent crimes occurring in a vehicle owned by the victim of the violent crime or an eligible claimant, provided such fee is associated with the collection and security of crime scene evidence. Reimbursement for vehicle impound fees shall not exceed Seven Hundred Fifty Dollars ($750.00).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 93, &sect; 13. Amended by Laws 1993, c. 325, &sect; 9, emerg. eff. June 7, 1993; Laws 1996, c. 292, &sect; 3, emerg. eff. June 10, 1996; Laws 1999, c. 177, &sect; 6, eff. July 1, 1999; Laws 2000, c. 324, &sect; 2, eff. July 1, 2000; Laws 2005, c. 154, &sect; 1, eff. July 1, 2005; Laws 2007, c. 171, &sect; 5, eff. Nov. 1, 2007; Laws 2008, c. 283, &sect; 1, eff. Nov. 1, 2008; Laws 2009, c. 163, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21142.14. Advancement on award.&nbsp;</span></p> <p><span class="cls0">If the Board determines that the claimant will suffer financial hardship unless an advance award is made, an amount may be paid to the claimant and shall be deducted from the final award, or shall be repaid by and recoverable from the claimant to the extent that it exceeds the final award.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1981, c. 93, &sect; 14. &nbsp;</span></p> <p><span class="cls0">&sect;21142.15. Reports to be made by Board.&nbsp;</span></p> <p><span class="cls0">The Board shall prepare and transmit annually to the Governor and the Speaker of the House of Representatives and the President Pro Tempore of the Senate, a report of its activities, including the amount of compensation awarded and a statistical summary of claims and awards made and denied.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1981, c. 93, &sect; 15. &nbsp;</span></p> <p><span class="cls0">&sect;21142.16. False claims.&nbsp;</span></p> <p><span class="cls0">The filing of a false claim for compensation pursuant to this act shall constitute a misdemeanor, and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1981, c. 93, &sect; 16. &nbsp;</span></p> <p><span class="cls0">&sect;21-142.17. Crime Victims Compensation Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Crime Victims Compensation Board to be designated the "Crime Victims Compensation Revolving Fund". The Fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Crime Victims Compensation Board from any source excluding appropriated funds. All monies accruing to the credit of said Fund are hereby appropriated and, except for those monies specifically authorized by the Legislature to be expended by the District Attorneys Council for administration of the Crime Victims Compensation Board or operating expenses for administering federal grant programs, may be budgeted and expended by the Board for the purpose of implementing the provisions of the Oklahoma Crime Victims Compensation Act including the provisions set forth in Section 142.20 of this title. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. The fund shall be invested in whatever instruments are authorized by law for investments by the State Treasurer. The interest earned by any investment of monies from the fund shall be credited to the fund for expenditure as provided by law for the fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 93, &sect; 17. Amended by Laws 1984, c. 183, &sect; 17, emerg. eff. May 10, 1984; Laws 1989, c. 348, &sect; 11, eff. Nov. 1, 1989; Laws 2004, c. 174, &sect; 2, eff. July 1, 2004; Laws 2012, c. 304, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142.18. Victim compensation assessments - Probation or parole fees - Restitution funds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 any offense included in this subsection, the bond shall also include a sufficient amount to cover the minimum amount for victim compensation assessment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. All monies collected pursuant to this section shall be forwarded monthly by the court clerk to the Victims Compensation Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 county treasury account shall also be forwarded to the Victims Compensation Fund using the same three-year statute of limitations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 93, &sect; 18. Amended by Laws 1984, c. 21, &sect; 1, emerg. eff. March 20, 1984; Laws 1989, c. 125, &sect; 4, eff. Nov. 1, 1989; Laws 1990, c. 142, &sect; 1, operative July 1, 1990; Laws 1990, c. 337, &sect; 6; Laws 1993, c. 325, &sect; 10, emerg. eff. June 7, 1993; Laws 1996, c. 292, &sect; 4, emerg. eff. June 10, 1996; Laws 2001, c. 369, &sect; 2, eff. July 1, 2001; Laws 2009, c. 234, &sect; 118, emerg. eff. May 21, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1990, c. 93, &sect; 3 repealed by Laws 1990, c. 337, &sect; 26.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21142.19. Administration of Sexual Assault Examination Fund Transfer.&nbsp;</span></p> <p><span class="cls0">The duties of administering the Sexual Assault Examination Fund are hereby transferred from the Oklahoma State Bureau of Investigation to the Crime Victims Compensation Board. All unexpended funds, property, records and any outstanding financial obligations or encumbrances of the Oklahoma State Bureau of Investigation which relate to the Sexual Assault Examination Fund are hereby transferred to the Crime Victims Compensation Board.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1982, c. 177, &sect; 1, emerg. eff. April 16, 1982. &nbsp;</span></p> <p><span class="cls0">&sect;21-142.20. Sexual Assault Examination Fund - Establishment.&nbsp;</span></p> <p><span class="cls0">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 said health care professional.&nbsp;</span></p> <p><span class="cls0">B. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. "Sexual assault" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;rape, or rape by instrumentation, as defined in Sections 1111, 1111.1 and 1114 of this title, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;forcible sodomy, as defined in Section 888 of this title; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Four Hundred Fifty Dollars ($450.00) for a sexual assault examination; and&nbsp;</span></p> <p><span class="cls0">2. Fifty Dollars ($50.00) for medications which are related to the sexual assault and directed and deemed necessary by said health care professional.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 177, &sect; 2, emerg. eff. April 16, 1982. Amended by Laws 1984, c. 280, &sect; 9, operative July 1, 1984; Laws 1991, c. 137, &sect; 1, emerg. eff. April 29, 1991; Laws 1992, c. 348, &sect; 1, emerg. eff. June 4, 1992; Laws 1993, c. 325, &sect; 11, emerg. eff. June 7, 1993; Laws 2001, c. 279, &sect; 1, eff. Nov. 1, 2001; Laws 2007, c. 171, &sect; 6, eff. Nov. 1, 2007; Laws 2008, c. 283, &sect; 2, eff. Nov. 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-142.31. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 6 of this act shall be known as the "Murrah Crime Victims Compensation Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 148, &sect; 1, emerg. eff. May 2, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-142.32. Murrah Crime Victims Compensation Fund - Eligibility - Contributions - Restrictions on expenditure of monies.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund to be administered by the Oklahoma Crime Victims Compensation Board to be designated the "Murrah Crime Victims Compensation Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Crime Victims Compensation Board from any source for the purpose of implementing the provisions of the Murrah Crime Victims Compensation Act. All monies accruing to the credit of the fund shall be budgeted and expended exclusively to compensate victims and the families of victims of the bombing on April 19, 1995, that took place in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. 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. For the purposes of the Murrah Crime Victims Compensation Fund, "families" shall include dependents, as defined by the Oklahoma Crime Victims Compensation Act, parents and spouses.&nbsp;</span></p> <p><span class="cls0">B. The Administrator of the Oklahoma Crime Victims Compensation Board is authorized to accept and expend contributions from any lawful source to be used for the purposes of the fund. The Administrator is further authorized to accept and expend any contributions from the crime victims compensation systems of any other state or other governmental entity for the use of the fund. The Administrator of the Oklahoma Crime Victims Compensation Board is authorized to accept the services of the victims compensation system of any other state or governmental entity in the processing of any claims received against the Murrah Crime Victims Compensation Fund; provided, that the employees of such entities shall not be considered as employees of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">C. The monies deposited in the Murrah Crime Victims Compensation Fund shall at no time become monies of the state and shall not become part of the general budget of the Oklahoma Crime Victims Compensation Board or any other state agency. No monies from the fund shall be transferred for any purpose to any state agency or any account of the Oklahoma Crime Victims Compensation Board or be used for the purpose of contracting with any other state agency or reimbursing any other state agency for any expense. No monies from the fund shall be used to pay or reimburse the Oklahoma Crime Victims Compensation Board for, in whole or in part, the salary of any employee involved in the administration of the Murrah Crime Victims Compensation Act. Payment of claims from the fund shall not become or be construed to be an obligation of this state. No claims submitted for reimbursement from the fund shall be paid with state monies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 148, &sect; 2, emerg. eff. May 2, 1995. Amended by Laws 2012, c. 304, &sect; 89.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142.33. Processding of claims - Power of Administrator of Crime Victims Compensation Board.&nbsp;</span></p> <p><span class="cls0">The Administrator of the Oklahoma Crime Victims Compensation Board is authorized to process any claim against the Murrah Crime Victims Compensation Fund submitted by victims or the families of any victims upon proof that the claimant is a victim or the family of any victim of the bombing that took place in front of the Alfred P. Murrah Federal Building on April 19, 1995. The Administrator is specifically authorized to collect the necessary information to establish said fact in the most expeditious and efficient manner possible, is authorized to establish claim forms and to modify such forms as necessary, and is authorized to process and pay claims based upon information submitted in the claims process.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 148, &sect; 3, emerg. eff. May 2, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-142.34. Compensation for loss - Limits.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 148, &sect; 4, emerg. eff. May 2, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-142.35. Denial of claim under act not to be construed as denying rights under Oklahoma Crime Victims Compensation Act - Presumption.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 148, &sect; 5, emerg. eff. May 2, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-142.36. Rules.&nbsp;</span></p> <p><span class="cls0">The Administrator of the Oklahoma Crime Victims Compensation Board is authorized to promulgate any rules necessary to implement the provisions of the Murrah Crime Victims Compensation Act. Due to the gravity of the need for total implementation of the Murrah Crime Victims Compensation Act, the Oklahoma Crime Victims Compensation Board is directed to promulgate emergency rules as soon as practicable.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 148, &sect; 6, emerg. eff. May 2, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-142A. Short title.&nbsp;</span></p> <p><span class="cls0">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".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 325, &sect; 3, emerg. eff. June 7, 1993. Amended by Laws 1997, c. 357, &sect; 1, emerg. eff. June 9, 1997; Laws 2010, c. 135, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-142A-1. Definitions.&nbsp;</span></p> <p><span class="cls0">For purposes of the Oklahoma Victim's Rights Act:&nbsp;</span></p> <p><span class="cls0">1. "Crime victim" or "victim" means any person against whom a crime was committed, except homicide, in which case the victim may be a surviving family member including a stepbrother, stepsister or stepparent, or the estate when there are no surviving family members other than the defendant, and who, as a direct result of the crime, suffers injury, loss of earnings, out-of-pocket expenses, or loss or damage to property, and who is entitled to restitution from an offender pursuant to an order of restitution imposed by a sentencing court under the laws of this state;&nbsp;</span></p> <p><span class="cls0">2. "Injury" means any physical, mental, or emotional harm caused by the conduct of an offender and includes the expenses incurred for medical, psychiatric, psychological, or generally accepted remedial treatment of the actual bodily or mental harm, including pregnancy and death, directly resulting from a crime and aggravation of existing physical injuries, if additional losses can be attributed to the direct result of the crime;&nbsp;</span></p> <p><span class="cls0">3. "Loss of earnings" means the deprivation of earned income or of the ability to earn previous levels of income as a direct result of a crime and the loss of the cash equivalent of social security, railroad retirement, pension plan, retirement plan, disability, veteran's retirement, court-ordered child support or court-ordered spousal support, where the payment is the primary source of the victim's income, and where the victim is deprived of the money as a direct result of the crime;&nbsp;</span></p> <p><span class="cls0">4. "Members of the immediate family" means the spouse, a child by birth or adoption, a stepchild, a parent, a grandparent, or a sibling of each victim;&nbsp;</span></p> <p><span class="cls0">5. "Out-of-pocket loss" means the unreimbursed and nonreimbursable expenses or indebtedness incurred for medical care, nonmedical care, or other services necessary for the treatment of the actual bodily or mental harm, including pregnancy and funeral expenses, directly resulting from the crime and aggravation of existing physical injuries, if additional losses can be attributed directly to the crime; the unreimbursed and nonreimbursable expenses for damage to real and personal property as a direct result of the crime, and unreimbursed and nonreimbursable economic losses incurred as a consequence of participation in prosecution and proceedings related to the crime;&nbsp;</span></p> <p><span class="cls0">6. "Property" means any real or personal property;&nbsp;</span></p> <p><span class="cls0">7. "Restitution" means the return of property to the crime victim or payments in cash or the equivalent thereof, and payment in cash or the equivalent thereof as reparation for injury, loss of earnings, and out-of-pocket loss ordered by the court in the disposition of a criminal proceeding;&nbsp;</span></p> <p><span class="cls0">8. "Victim impact statements" means information about the financial, emotional, psychological, and physical effects of a violent crime on each victim and members of their immediate family, or person designated by the victim or by family members of the victim and includes information about the victim, circumstances surrounding the crime, the manner in which the crime was perpetrated, and the opinion of the victim of a recommended sentence; and&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Violent crime&rdquo; means any crime listed in paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes or any attempt, conspiracy or solicitation to commit any such crime or the crime of negligent homicide pursuant to Section 11-903 of Title 47 of the Oklahoma Statutes or the crime of causing great bodily injury while driving under the influence of intoxicating substance pursuant to Section 11-904 of Title 47 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 357, &sect; 2, emerg. eff. June 9, 1997. Amended by Laws 2010, c. 135, &sect; 3, eff. Nov. 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-142A-2. Victims and witnesses rights.&nbsp;</span></p> <p><span class="cls0">A. The district attorney's office shall inform the victims and witnesses of crimes of the following rights:&nbsp;</span></p> <p><span class="cls0">1. To be notified that a court proceeding to which a victim or witness has been subpoenaed will or will not go on as scheduled, in order to save the person an unnecessary trip to court;&nbsp;</span></p> <p><span class="cls0">2. To receive protection from harm and threats of harm arising out of the cooperation of the person with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available and how to access protection;&nbsp;</span></p> <p><span class="cls0">3. To be informed of financial assistance and other social services available as a result of being a witness or a victim, including information on how to apply for the assistance and services;&nbsp;</span></p> <p><span class="cls0">4. To be informed of the procedure to be followed in order to apply for and receive any witness fee to which the victim or witness is entitled;&nbsp;</span></p> <p><span class="cls0">5. To be informed of the procedure to be followed in order to apply for and receive any restitution to which the victim is entitled;&nbsp;</span></p> <p><span class="cls0">6. To be provided, whenever possible, a secure waiting area during court proceedings that does not require close proximity to defendants and families and friends of defendants;&nbsp;</span></p> <p><span class="cls0">7. To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis and property the ownership of which is disputed, shall be returned to the person;&nbsp;</span></p> <p><span class="cls0">8. To be provided with appropriate employer intercession services to ensure that employers of victims and witnesses will cooperate with the criminal justice process in order to minimize the loss of pay and other benefits of the employee resulting from court appearances;&nbsp;</span></p> <p><span class="cls0">9. To have the family members of all homicide victims afforded all of the services under this section, whether or not the person is to be a witness in any criminal proceeding;&nbsp;</span></p> <p><span class="cls0">10. To be informed of any plea bargain negotiations;&nbsp;</span></p> <p><span class="cls0">11. To have victim impact statements filed with the judgment and sentence;&nbsp;</span></p> <p><span class="cls0">12. To be informed if a sentence is overturned, remanded for a new trial or otherwise modified by the Oklahoma Court of Criminal Appeals;&nbsp;</span></p> <p><span class="cls0">13. To be informed in writing of all statutory rights;&nbsp;</span></p> <p><span class="cls0">14. To be informed that when any family member is required to be a witness by a subpoena from the defense, there must be a showing that the witness can provide relevant testimony as to the guilt or innocence of the defendant before the witness may be excluded from the proceeding by invoking the rule to remove potential witnesses; &nbsp;</span></p> <p><span class="cls0">15. To be informed that the Oklahoma Constitution allows, upon the recommendation of the Pardon and Parole Board and the approval of the Governor, the commutation of any sentence, including a sentence of life without parole;&nbsp;</span></p> <p><span class="cls0">16. To receive written notification of how to access victim rights information from the interviewing officer or investigating detective; and&nbsp;</span></p> <p><span class="cls0">17. To a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant or minor. In determining a date for any criminal trial or other important criminal or juvenile justice hearing, the court shall consider the interests of the victim of a crime to a speedy resolution of the charges under the same standards that govern the right to a speedy trial for a defendant or a minor. In ruling on any motion presented on behalf of a defendant or minor to continue a previously established trial or other important criminal or juvenile justice hearing, the court shall inquire into the circumstances requiring the delay and consider the interests of the victim of a crime to a speedy resolution of the case. If a continuance is granted, the court shall enter into the record the specific reason for the continuance and the procedures that have been taken to avoid further delays.&nbsp;</span></p> <p><span class="cls0">B. The district attorney's office may inform the crime victim of an offense committed by a juvenile of the name and address of the juvenile found to have committed the crime, and shall notify the crime victim of any offense listed in Section 2-5-101 of Title 10A of the Oklahoma Statutes of all court hearings involving that particular juvenile act. If the victim is not available, the district attorney's office shall notify an adult relative of the victim of said hearings.&nbsp;</span></p> <p><span class="cls0">C. The district attorney's office shall inform victims of violent crimes and members of the immediate family of such victims of their rights under Sections 14 and 15 of this act and Section 332.2 of Title 57 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">D. In any felony case involving a violent crime or a sex offense, the district attorney's office shall inform the victim, as soon as practicable, or an adult member of the immediate family of the victim if the victim is deceased, incapacitated, or incompetent, of the progress of pretrial proceedings which could substantially delay the prosecution of the case.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 135, &sect; 4, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142A-3. Informing victim of rights.&nbsp;</span></p> <p><span class="cls0">A. Upon the preliminary investigation of a violent crime, it shall be the duty of the officer who interviews the victim of such crime to inform the victim, or a responsible adult if the victim is a minor child or an incompetent person, or the family member who receives death notification in the case of a homicide, in writing, of their rights as a crime victim. Written notification shall consist of handing the victim, responsible adult, if the victim is a minor child or an incompetent person, or family member receiving death notification, a preprinted card or brochure that, at a minimum, includes the following information:&nbsp;</span></p> <p><span class="cls0">1. A statement that reads, &ldquo;As a victim of crime, you have certain rights&rdquo;;&nbsp;</span></p> <p><span class="cls0">2. Telephone and address information for the local District Attorney Victim-Witness Coordinator; and&nbsp;</span></p> <p><span class="cls0">3. The website address where victims can access a full list of their rights, additional information, and how to apply for crime victim compensation assistance.&nbsp;</span></p> <p><span class="cls0">B. A victim of domestic abuse has the right to be informed by the first peace officer who interviews the victim of domestic abuse of the twentyfourhour statewide telephone communication service established by Section 18p-5 of Title 74 of the Oklahoma Statutes and to give notice to the victim of certain rights. The notice shall consist of handing such victim the following statement:&nbsp;</span></p> <p><span class="cls0">"As a victim of domestic abuse, you have certain rights. These rights are as follows:&nbsp;</span></p> <p><span class="cls0">1. The right to request that charges be pressed against your assailant;&nbsp;</span></p> <p><span class="cls0">2. The right to request protection from any harm or threat of harm arising out of your cooperation with law enforcement and prosecution efforts as far as facilities are available and to be provided with information on the level of protection available;&nbsp;</span></p> <p><span class="cls0">3. The right to be informed of financial assistance and other social services available as a result of being a victim, including information on how to apply for the assistance and services; and&nbsp;</span></p> <p><span class="cls0">4. The right to file a petition for a protective order or, when the domestic abuse occurs when the court is not open for business, to request an emergency temporary protective order."&nbsp;</span></p> <p><span class="cls0">C. The victim of rape or forcible sodomy has the right to be informed by the officer who interviews the victim of the rape or forcible sodomy, or a responsible adult if the victim is a minor child or an incompetent person, of the twenty-four-hour statewide telephone communication service established by the Office of the Attorney General for victims of sexual assault pursuant to Section 18p-5 of Title 74 of the Oklahoma Statutes and to give notice to the victim or such responsible adult of certain rights of the victim. The notice shall consist of handing such victim or responsible adult a written statement in substantially the following form:&nbsp;</span></p> <p><span class="cls0">&ldquo;As a victim of the crime of rape or forcible sodomy, you have certain rights. These rights are as follows:&nbsp;</span></p> <p><span class="cls0">1. The right to request that charges be pressed against your assailant;&nbsp;</span></p> <p><span class="cls0">2. The right to request protection from any harm or threat of harm arising out of your cooperation with law enforcement and prosecution efforts as far as facilities are available and to be provided with information on the level of protection available;&nbsp;</span></p> <p><span class="cls0">3. The right to be informed of financial assistance and other social services available to victims, including information on how to apply for the assistance and services;&nbsp;</span></p> <p><span class="cls0">4. The right to a free forensic medical examination; and&nbsp;</span></p> <p><span class="cls0">5. The right to be informed by the district attorney of other victim's rights available pursuant to Section 142A-2 of Title 21 of the Oklahoma Statutes.&rdquo;&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 135, &sect; 5, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142A-4. Petition for relief.&nbsp;</span></p> <p><span class="cls0">A victim of domestic abuse, a victim of stalking, a victim of harassment, a victim of rape, any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, or any minor age sixteen (16) or seventeen (17) years may seek relief under the provisions of the Protection from Domestic Abuse Act. The person seeking relief shall prepare the petition for a protective order or, at the request of the plaintiff, the court clerk or the victim-witness coordinator, victim support person, or court case manager shall prepare or assist the plaintiff in preparing the petition.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 135, &sect; 6, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142A-5. Restitution form.&nbsp;</span></p> <p><span class="cls0">The district attorney's office shall provide all victims, regardless of whether the crime victim makes a specific request, with an official request for restitution form to be completed and signed by the crime victim, and to include all invoices, bills, receipts, and other evidence of injury, loss of earnings and out-of-pocket loss. The crime victim shall provide all documentation and evidence of compensation or reimbursement from insurance companies or agencies of this state, any other state, or the federal government received as a direct result of the crime for injury, loss of earnings or out-of-pocket loss. The unexcused failure or refusal of the crime victim to provide all or part of the requisite information prior to the sentencing, unless disclosure is deferred by the court, shall constitute a waiver of any grounds to appeal or seek future amendment or alteration of the restitution order predicated on the undisclosed available information. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 135, &sect; 7, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142A-6. Priority interest in proceeds.&nbsp;</span></p> <p><span class="cls0">The victims and the legal representative of a victim of a crime shall have a priority interest in any proceeds or profits received by a district court from an offender or any other person with the cooperation of the offender, who is required to forfeit any proceeds or profits from any source, as a direct or indirect result of the crime or sentence, or the notoriety which the crime or sentence has conferred upon the offender pursuant to the provisions of Section 17 of Title 22 of the Oklahoma Statutes. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 135, &sect; 8, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142A-7. Address designation.&nbsp;</span></p> <p><span class="cls0">An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, as defined by Section 1-111 of Title 30 of the Oklahoma Statutes, may apply to the Attorney General to have an address designated by the Attorney General serve as the address of the person or the address of the minor or incapacitated person pursuant to the Address Confidentiality Program established in Section 60.14 of Title 22 of the Oklahoma Statutes. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 135, &sect; 9, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142A-8. Presentation and use of victim impact statement at sentencing and parole proceedings.&nbsp;</span></p> <p><span class="cls0">A. Each victim, or members of the immediate family of each victim or person designated by the victim or by family members of the victim, may present a written victim impact statement, which may include religious invocations or references, or may appear personally at the sentence proceeding and present the statements orally. Provided, however, if a victim or any member of the immediate family or person designated by the victim or by family members of a victim wishes to appear personally, the person shall have the absolute right to do so. Any victim or any member of the immediate family or person designated by the victim or by family members of a victim who appears personally at the formal sentence proceeding shall not be cross-examined by opposing counsel; provided, however, such cross-examination shall not be prohibited in a proceeding before a jury or a judge acting as a finder of fact. A written victim impact statement introduced at a formal sentence proceeding shall not be amended by any person other than the author, nor shall the statement be excluded in whole or in part from the court record. The court shall allow the victim impact statement to be read into the record.&nbsp;</span></p> <p><span class="cls0">B. If a presentence investigation report is prepared, the person preparing the report shall consult with each victim or members of the immediate family or a designee of members of the immediate family if the victim is deceased, incapacitated or incompetent, and include any victim impact statements in the presentence investigation report. If the individual to be consulted cannot be located or declines to cooperate, a notation to that effect shall be included.&nbsp;</span></p> <p><span class="cls0">C. The judge shall make available to the parties copies of any victim impact statements.&nbsp;</span></p> <p><span class="cls0">D. In any case which is plea bargained, victim impact statements shall be presented at the time of sentencing or attached to the district attorney narrative report. In determining the appropriate sentence, the court shall consider among other factors any victim impact statements if submitted to the jury, or the judge in the event a jury was waived.&nbsp;</span></p> <p><span class="cls0">E. The Department of Corrections and the Pardon and Parole Board, in deciding whether to release an individual on parole, shall consider any victim impact statements submitted to the jury, or the judge in the event a jury was waived.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 136, &sect; 8, eff. July 1, 1992. Amended by Laws 1993, c. 325, &sect; 18, emerg. eff. June 7, 1993; Laws 1999, c. 417, &sect; 2, emerg. eff. June 10, 1999; Laws 2006, c. 280, &sect; 1, eff. Nov. 1, 2006; Laws 2007, c. 319, &sect; 1, eff. Nov. 1, 2007; Laws 2008, c. 100, &sect; 1, eff. Nov. 1, 2008; Laws 2010, c. 135, &sect; 14, eff. Nov. 1, 2010. Renumbered from &sect; 984.1 of Title 22 by Laws 2010, c. 135, &sect; 19, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142A-9. Disclosure of personal information of victim or witness may be prohibited.&nbsp;</span></p> <p><span class="cls0">The court, upon the request of a victim, witness, or the district attorney, may order that the residential address, telephone number, place of employment, or other personal information of the victim or witness shall not be disclosed in any law enforcement record or any court document, other than the transcript of a court proceeding, if it is determined by the court to be necessary to protect the victim, witness, or immediate family of the victim or witness from harassment or physical harm and if the court determines that the information is immaterial to the defense.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 136, &sect; 9, eff. July 1, 1992. Amended by Laws 1999, c. 417, &sect; 3, emerg. eff. June 10, 1999; Laws 2006, c. 197, &sect; 1, eff. Nov. 1, 2006; Laws 2010, c. 135, &sect; 15, eff. Nov. 1, 2010. Renumbered from &sect; 984.2 of Title 22 by Laws 2010, c. 135, &sect; 20, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142A-10. Wearing of buttons containing victim's picture by immediate family.&nbsp;</span></p> <p><span class="cls0">A. A court shall permit members of the immediate family of a murder victim to wear buttons containing a picture of the victim as a symbol of grief in a trial. The button shall not exceed four (4) inches in diameter.&nbsp;</span></p> <p><span class="cls0">B. As used in subsection A of this section, &ldquo;members of the immediate family&rdquo; means the spouse, children by birth or adoption, stepchildren, parents or stepparents, grandparents, grandchildren, siblings, aunts, uncles or cousins of the murder victim.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 119, &sect; 2, emerg. eff. May 9, 2007. Renumbered from &sect; 984.3 of Title 22 by Laws 2010, c. 135, &sect; 21, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142A-11. Return of exhibit.&nbsp;</span></p> <p><span class="cls0">If the owner of an exhibit that has been introduced, filed, or held in custody of the state in any criminal action or proceeding is the victim of the offense for which such exhibit is held, the victim may make application to the court at any time prior to the final disposition of the action or proceeding for the return of the exhibit. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 135, &sect; 10, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142A-12. Contesting parole &ndash; Notification of victims.&nbsp;</span></p> <p><span class="cls0">A. Any victim or representative of a victim of a violent crime as provided in paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes may contest the granting of parole as provided in Section 332.7 of Title 57 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The Pardon and Parole Board shall notify all victims or representatives of a victim, if requested, in writing at least twenty (20) days before an inmate is considered for parole by the Board. The notice shall include the date, time and place of the scheduled meeting and the rules for attendance and providing information. The victim or representative of the victim shall be allowed at least five (5) minutes to address the Board. The Board shall notify all victims or representatives of a victim of the decision of the Board within twenty (20) days after the inmate is considered for parole by the Board.&nbsp;</span></p> <p><span class="cls0">C. It is the responsibility of the victim or representative of the victim to provide the Pardon and Parole Board a current mailing address. The district attorney's office shall assist the victim or representative of the victim with supplying the address of the victim to the Board if the victim wishes to be notified. Upon failure of the Pardon and Parole Board to notify a victim who has requested notification and has provided a current mailing address, the final decision of the Board may be voidable, provided the victim who failed to receive notification requests a reconsideration hearing within thirty (30) days of the recommendation by the Board for parole.&nbsp;</span></p> <p><span class="cls0">D. If requested by the victim of a crime, the Pardon and Parole Board shall provide written notification of the placement of the inmate on specialized parole within the county or incorporated city or town to any victim of the crime for which the inmate was convicted by mailing the notification to the last-known address of the victim. The Board shall not give the address of the inmate to any victim of the crime for which the inmate was convicted.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 135, &sect; 11, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142A-13. Granting of parole or pardon &ndash; Notification of victims.&nbsp;</span></p> <p><span class="cls0">A. Upon the granting of a parole by the Governor, and release of the inmate to the community, the Pardon and Parole Board shall provide written notification to any victim of the crime for which the parolee was convicted by mailing the notification to the last-known address of the victim, if such information is requested by the victim. The Pardon and Parole Board shall not give the address of the parolee to any victim of the crime for which the parolee was convicted.&nbsp;</span></p> <p><span class="cls0">B. Upon the granting of a pardon by the Governor, the Pardon and Parole Board shall provide written notification to any victim of the crime for which the person receiving the pardon was convicted by mailing the notification to the last-known address of the victim, if such information is requested by the victim. The Pardon and Parole Board shall not give the address of the person receiving the pardon to any victim of the crime for which the person receiving the pardon was convicted.&nbsp;</span></p> <p><span class="cls0">C. The notification shall be made on a monthly basis by the tenth day of the month following the granting of the pardon or parole.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 135, &sect; 12, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142A-14. Witnessing execution - Rules.&nbsp;</span></p> <p><span class="cls0">A. A judgment of death must be executed at the Oklahoma State Penitentiary at McAlester, Oklahoma, said prison to be designated by the court by which judgment is to be rendered. A place shall be provided at the Oklahoma State Penitentiary at McAlester so that individuals who are eighteen (18) years of age or older and who are members of the immediate family of any deceased victim of the defendant may witness the execution. The immediate family members shall be allowed to witness the execution from an area that is separate from the area to which other nonfamily member witnesses are admitted, provided, however, if there are multiple deceased victims, the Department of Corrections shall not be required to provide separate areas for each family of each deceased victim. If facilities are not capable or sufficient to provide all immediate family members with a direct view of the execution, the Department may broadcast the execution by means of a closed circuit television system to an area in which other immediate family members may be located.&nbsp;</span></p> <p><span class="cls0">B. Immediate family members may request individuals not directly related to the deceased victim but who serve a close supporting role or professional role to the deceased victim or an immediate family member, including, but not limited to, a minister or licensed counselor. The warden in consultation with the Director of the Department of Corrections shall approve or disapprove such requests. Provided further, the Department may set a limit on the number of witnesses or viewers within occupancy limits. &nbsp;</span></p> <p><span class="cls0">C. Any surviving victim of the defendant who is eighteen (18) years of age or older may view the execution by closed circuit television with the approval of both the Director of the Department of Corrections and the warden. The Director and warden shall prioritize persons to view the execution, including immediate family members, surviving victims, and supporting persons, and may set a limit on the number of viewers within occupancy limits. Any surviving victim approved to view the execution of their perpetrator may have an accompanying support person as provided for members of the immediate family of a deceased victim.&nbsp;</span></p> <p><span class="cls0">D. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. "Members of the immediate family" means the spouse, a child by birth or adoption, a stepchild, a parent, a grandparent, a grandchild, a sibling of a deceased victim, or the spouse of any immediate family member; and&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Surviving victim" means any person who suffered serious harm or injury due to the criminal acts of the defendant of which the defendant has been convicted in a court of competent jurisdiction.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 135, &sect; 13, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-142B. Civil action by victim of felony crime against offender - Attorney's fees and costs - Reduction of hardship exemption from garnishment.&nbsp;</span></p> <p><span class="cls0">In any civil action against an offender for property damages resulting from a felony crime committed by the offender, the court may award a victim who prevails in the civil action reasonable attorney's fees and other costs of litigation; provided, there has been a felony conviction of the defendant for the crime which caused the damage. The court granting judgment in a civil action pursuant to the provisions of this section may reduce or limit the hardship exemption from garnishment provided in Section 1.1 of Title 31 of the Oklahoma Statutes, when limitation or reduction would be in the interests of justice.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 325, &sect; 4, emerg. eff. June 7, 1993. Amended by Laws 1997, c. 357, &sect; 3, emerg. eff. June 9, 1997; Laws 2000, c. 382, &sect; 12, eff. July 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21151. Persons liable to punishment in state.&nbsp;</span></p> <p><span class="cls0">The following persons are liable to punishment under the laws of this State:&nbsp;</span></p> <p><span class="cls0">1. All persons who commit, in whole or in part, any crime within the State.&nbsp;</span></p> <p><span class="cls0">2. All who commit theft out of this state, and bring, or are found with the property stolen, in this state.&nbsp;</span></p> <p><span class="cls0">3. All who, being out of this state, abduct or kidnap, by force or fraud, any person contrary to the laws of the place where such act is committed, and bring, send, or convey such person within the limits of this state, and are afterward found therein.&nbsp;</span></p> <p><span class="cls0">4. And all who, being out of this state, cause or aid, advise or encourage, another person, causing an injury to any person or property within this state by means of any act or neglect which is declared criminal by this code, and who are afterward found within this state.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2093. &nbsp;</span></p> <p><span class="cls0">&sect;21-152. Persons capable of committing crimes - Exceptions - Children - Idiots - Lunatics - Ignorance - Commission without consciousness - Involuntary subjection.&nbsp;</span></p> <p><span class="cls0">All persons are capable of committing crimes, except those belonging to the following classes:&nbsp;</span></p> <p><span class="cls0">1. Children under the age of seven (7) years;&nbsp;</span></p> <p><span class="cls0">2. Children over the age of seven (7) years, but under the age of fourteen (14) years, in the absence of proof that at the time of committing the act or neglect charged against them, they knew its wrongfulness;&nbsp;</span></p> <p><span class="cls0">3. Persons who are impaired by reason of mental retardation upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness;&nbsp;</span></p> <p><span class="cls0">4. Mentally ill persons, and all persons of unsound mind, including persons temporarily or partially deprived of reason, upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness;&nbsp;</span></p> <p><span class="cls0">5. Persons who committed the act, or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent. But ignorance of the law does not excuse from punishment for its violation;&nbsp;</span></p> <p><span class="cls0">6. Persons who committed the act charged without being conscious thereof; and&nbsp;</span></p> <p><span class="cls0">7. Persons who committed the act, or make the omission charged, while under involuntary subjection to the power of superiors.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2094. Amended by Laws 1998, c. 246, &sect; 11, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21153. Intoxication no defense.&nbsp;</span></p> <p><span class="cls0">No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his having been in such condition.&nbsp;</span></p> <p><span class="cls0">R.L. 1910 Sec. 2095.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21154. Morbid propensity no defense.&nbsp;</span></p> <p><span class="cls0">A morbid propensity to commit prohibited acts existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of such acts, forms no defense to a prosecution therefor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2096. &nbsp;</span></p> <p><span class="cls0">&sect;21155. Subjection to superior exonerates.&nbsp;</span></p> <p><span class="cls0">The involuntary subjection to the power of a superior which exonerates a person charged with a criminal act or omission from punishment therefor, arises from duress.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2097; Laws 1976, c. 35, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;21156. Duress defense.&nbsp;</span></p> <p><span class="cls0">A person is entitled to assert duress as a defense if that person committed a prohibited act or omission because of a reasonable belief that there was imminent danger of death or great bodily harm from another upon oneself, ones spouse, or ones child.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2098; Laws 1992, c. 159, &sect; 1, emerg. eff. May 5, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-157. Repealed by Laws 1976, c. 35, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;21-158. Repealed by Laws 1976, c. 35, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;21-159. Repealed by Laws 1976, c. 35, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;21160. Public foreign ministers exempted.&nbsp;</span></p> <p><span class="cls0">Ambassadors and other public ministers from foreign governments accredited to the President or the government of the United States, and recognized by it according to the laws of the United States, with their secretaries, messengers, families and servants are not liable to punishment in this State, but are to be returned to their own country for trial and punishment.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2102. &nbsp;</span></p> <p><span class="cls0">&sect;21171. Classification of parties.&nbsp;</span></p> <p><span class="cls0">The parties to crimes are classified as:&nbsp;</span></p> <p><span class="cls0">1. Principals, and,&nbsp;</span></p> <p><span class="cls0">2. Accessories.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2103. d&nbsp;</span></p> <p><span class="cls0">&sect;21172. Principals defined.&nbsp;</span></p> <p><span class="cls0">All persons concerned in the commission of crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, are principals.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2104. &nbsp;</span></p> <p><span class="cls0">&sect;21173. Accessories defined.&nbsp;</span></p> <p><span class="cls0">All persons who, after the commission of any felony, conceal or aid the offender, with knowledge that he has committed a felony, and with intent that he may avoid or escape from arrest, trial, conviction, or punishment, are accessories.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2105. &nbsp;</span></p> <p><span class="cls0">&sect;21174. No accessories to misdemeanor.&nbsp;</span></p> <p><span class="cls0">In misdemeanor, there are no accessories.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2106. &nbsp;</span></p> <p><span class="cls0">&sect;21-175. Punishment of accessories.&nbsp;</span></p> <p><span class="cls0">Except in cases where a different punishment is prescribed by law, an accessory to a felony is punishable as follows:&nbsp;</span></p> <p><span class="cls0">1. If the underlying offense is a felony punishable by imprisonment in the penitentiary for four (4) years or more, the person guilty of being an accessory shall be subject to imprisonment in the penitentiary for a term not exceeding one-half (1/2) of the longest term prescribed upon a conviction for the underlying offense;&nbsp;</span></p> <p><span class="cls0">2. If the underlying offense is a felony punishable by imprisonment in the penitentiary for any time less than four (4) years, the person guilty of being an accessory shall be subject to imprisonment in a county jail for not more than one (1) year;&nbsp;</span></p> <p><span class="cls0">3. If the underlying offense be punishable by a fine only, the person guilty of being an accessory shall be subject to a fine not exceeding one-half (1/2) of the largest amount of money which may be imposed as a fine upon a conviction of the underlying offense;&nbsp;</span></p> <p><span class="cls0">4. If the underlying offense be punishable by both imprisonment and a fine, the offender convicted of being an accessory shall be subject to both imprisonment and fine, not exceeding one-half (1/2) of the longest term of imprisonment and one-half (1/2) of the largest fine which may be imposed upon a conviction of the underlying offense; and&nbsp;</span></p> <p><span class="cls0">5. If the underlying offense be murder in the first degree, the accessory thereto shall be punished by imprisonment for not less than five (5) years nor more than forty-five (45) years. If the underlying offense be murder in the second degree, the accessory thereto shall be punished by imprisonment for not less than five (5) years nor more than twenty-five (25) years.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2107. Amended by Laws 1988, c. 109, &sect; 22, eff. Nov. 1, 1988; Laws 1997, c. 133, &sect; 154, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 74, eff. July 1, 1999; Laws 2004, c. 275, &sect; 2, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 154 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21181. Betting upon an election a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Every person who makes, offers or accepts any bet or wager upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast either in the aggregate, or for any particular candidate, or upon the vote to be cast by any person, or upon the decision to be made by any inspector or canvasser, of any question arising in the course of an election, or upon any event whatever depending upon the conduct or result of an election, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2108. &nbsp;</span></p> <p><span class="cls0">&sect;21182. Offers of office by candidate a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Every person who, being a candidate at any election, offers or agrees to appoint or procure the appointment of any particular person to office, as an inducement or consideration to any person to vote for, to procure or aid in procuring the election of such candidate, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2109. &nbsp;</span></p> <p><span class="cls0">&sect;21183. Communicating an offer of office.&nbsp;</span></p> <p><span class="cls0">Every person who, not being a candidate, communicates any offer made in violation of the next preceding section, to any person, with intent to induce him to vote for or procure or aid in procuring the election of the candidate making the offer is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2110. &nbsp;</span></p> <p><span class="cls0">&sect;21-187. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in Sections 1 through 3 of this act:&nbsp;</span></p> <p><span class="cls0">1. "Accept", with reference to a contribution, means failure by a candidate, treasurer, deputy treasurer or agent of a committee to expressly and unconditionally reject and return a tendered contribution to the contributor within six (6) business days from receipt of the tender;&nbsp;</span></p> <p><span class="cls0">2. "Ballot measure" means an initiative, referendum, legislative referendum, legislative initiative, state question, or any proposition or measure submitted to voters for their approval or rejection at a statewide election;&nbsp;</span></p> <p><span class="cls0">3. "Campaign" means and includes all activities for or against the election of a candidate to a specific state or local office for a specific term or the passage or defeat of a ballot measure from the date of acceptance of the first contribution, the making of the first expenditure, or the filing of a declaration of candidacy, whichever is first, until a final campaign contributions and expenditures report is filed;&nbsp;</span></p> <p><span class="cls0">4. "Candidate" means a person who seeks nomination or election to state or local office. An individual is a candidate when the individual:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;has filed a declaration of candidacy for any state office with the Secretary of the State Election Board,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;has filed a declaration of candidacy for any local office with the secretary of any county election board,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;has filed a declaration of candidacy with the Secretary of State and has drawn active opposition,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;is nominated as a "substitute candidate" pursuant to Section 1-105 of Title 26 of the Oklahoma Statutes, or&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;solicits or accepts contributions, makes expenditures or gives consent to an individual, organization, party committee, or other committee to solicit or accept contributions or make expenditures to secure election to any state or local office at any time, whether or not the office for which the individual will seek nomination or election is known when the:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;solicitation is made,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;contribution is accepted, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;expenditure is made.&nbsp;</span></p> <p><span class="cls0">The term "candidate" shall include a person whose candidacy is unopposed;&nbsp;</span></p> <p><span class="cls0">5. "Candidate committee" means the committee, consisting of one or more persons who may be the candidate only, designated by a candidate to promote the candidate's candidacy and serve as the recipient of all contributions and the disburser of all expenditures for the candidate;&nbsp;</span></p> <p><span class="cls0">6. "Committee" means a candidate committee, political action committee, or party committee;&nbsp;</span></p> <p class="cls2"><span class="cls0">7.&nbsp;&nbsp;a.&nbsp;&nbsp;"Contribution" means and includes:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;a gift, subscription, loan, guarantee or forgiveness of a loan, conveyance, advance, payment, distribution, or deposit of money or anything of value made to and with the knowledge and for the benefit of a committee for use in a campaign, or for reducing the debt of a committee,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;an expenditure made by a person or committee, other than a candidate committee, with the cooperation of, or in consultation with, a committee, a candidate, candidate committee, or candidate's agent or that is made in concert with, or at the request or suggestion of, a candidate, candidate committee, or candidate's agent,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;the difference between the payment to a person, other than a candidate or committee, of compensation for personal services or products to the candidate or committee, and the reasonable and customary rate charged by the person for like services or products in like quantities when the candidate or committee has knowledge of the discounted services or products,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;anything of value received by a committee that is transferred from another committee or other source,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;sums paid for tickets for a political event such as a reception, rally, or a similar fundraising event; however, the amount of any such contribution may be reduced for the purpose of complying with the reporting and contribution limitations requirements of Section 2 of this act, by the actual cost of consumables furnished by the committee in connection with the purchase of the tickets, and only the excess over the actual cost of the consumables shall be deemed a contribution,&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;the candidate's own money used on behalf of that candidate's candidacy, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(7)&nbsp;&nbsp;the difference between the open market value and a discount or rebate:&nbsp;</span></p> <p class="cls4"><span class="cls0">(a)&nbsp;&nbsp;not extended to the public generally, or&nbsp;</span></p> <p class="cls4"><span class="cls0">(b)&nbsp;&nbsp;by a television or radio station not extended equally to all candidates for the same office.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;The term "contribution" shall not include:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;the value of services provided without compensation by any individual who volunteers on behalf of a candidate or committee,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;for purposes of the contribution limits set forth in Section 2 of this act, the transfer of any funds by a political action committee to another political action committee, provided the committees have been established as provided by law and the transferring committee and the receiving committee have been established, directly or indirectly, and are administered or financially supported, directly or indirectly, by a common entity,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;any payment or obligation incurred by a corporation, labor organization, membership organization, cooperative or corporation without capital stock for the establishment, administration, and solicitation of contributions to a separate segregated fund or political action committee to be utilized for political purposes,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;a nonreimbursed payment made by an individual for the individual's own travel expenses on behalf of a committee,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;a payment made by an occupant of a residence or office for costs related to a meeting or fundraising event held in the occupant's residence or office if the costs for the meeting or fundraising event do not exceed Five Hundred Dollars ($500.00). However, if the occupant hosts more than one event in an election cycle for the same beneficiary, all subsequent payments that exceed Five Hundred Dollars ($500.00) in the aggregate are contributions,&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;a loan of money made in the ordinary course of business by a financial institution authorized to transact business in this state at terms and interest rates generally available to a member of the public without regard to that person's status as a state or local officer or state or local employee or a candidate for state or local office by the institution,&nbsp;</span></p> <p class="cls3"><span class="cls0">(7)&nbsp;&nbsp;a communication by a corporation, labor organization, or association aimed at its members, owners, stockholders, directors, executive administrative personnel, or their families, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(8)&nbsp;&nbsp;a tender of a contribution if the tender is not accepted, including use as collateral, or is transferred to the state as provided in Rule 10-1-2 of the Rules of the Ethics Commission, 74 O.S. Supp. 1994, Chapter 62, App.;&nbsp;</span></p> <p><span class="cls0">8. "Expenditure" means a purchase, payment, distribution, loan, advance, compensation, reimbursement, fee deposit, transfer of funds between committees, or a gift made by a committee. An expenditure does not include the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a loan of money, made in the ordinary course of business, by a financial institution authorized to transact business in this state,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a communication by a corporation, labor organization, or association aimed at its members, owners, stockholders, executive administrative personnel, or their families, except a communication by the corporation's political action committee promoting or opposing a candidate or candidates,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;uncompensated services provided by an individual volunteering the individual's time, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a transfer of funds to another committee if such transfer is not accepted;&nbsp;</span></p> <p><span class="cls0">9. "Family" means an individual, his or her spouse, if any, and all children under the age of eighteen (18) years residing in the same household;&nbsp;</span></p> <p><span class="cls0"> 10. "Local office" means all elective offices for which a declaration of candidacy is filed with the secretary of any county election board;&nbsp;</span></p> <p><span class="cls0"> 11. "Party committee" means a political party or any affiliated or connected entity;&nbsp;</span></p> <p><span class="cls0"> 12. "Person" means an individual, corporation, association, proprietorship, firm, partnership, limited partnership, joint venture, joint stock company, syndicate, business trust, estate, trust, company, organization, committee, or club, or a group of persons who are voluntarily acting in concert;&nbsp;</span></p> <p><span class="cls0"> 13. "Political action committee":&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;means a combination of at least two individuals, or a person other than an individual:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;with the primary purpose of:&nbsp;</span></p> <p class="cls4"><span class="cls0">(a)&nbsp;&nbsp;supporting or opposing a candidate or candidates, or a party committee, except those required to file with the Federal Election Commission, or&nbsp;</span></p> <p class="cls4"><span class="cls0">(b)&nbsp;&nbsp;supporting or opposing a ballot measure, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;which accepts or gives contributions or makes expenditures from a joint account aggregating at least Five Hundred Dollars ($500.00) during a calendar year, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;does not include:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;a party committee or a candidate committee,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;a person other than an individual, when that person makes an expenditure or expenditures from an account to which contributions have not been solicited or accepted from any other persons or individuals; and the expenditure or expenditures are required by law or by Chapter 10 of the Rules of the Ethics Commission to be reported by the recipient committee or committees as a contribution or contributions, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;a combination of individuals, or a person other than an individual, if the combination of individuals, or a person other than an individual, solicits contributions on behalf of a committee, and any contributions received as a result of the solicitation are forwarded to the committee without being deposited in any account; and the contributions are required by law or by Chapter 10 of the Rules of the Ethics Commission to be reported by the committee that receives the contributions;&nbsp;</span></p> <p><span class="cls0"> 14. "Political party" means any political party so recognized for the purpose of having candidates appear on the ballot; and&nbsp;</span></p> <p><span class="cls0"> 15. "State office" means all elective offices for which declarations of candidacy are filed with the Secretary of the State Election Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 343, &sect; 1, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-187.1. Individual or family contributions &ndash; Contributions using intermediary or conduit &ndash; Lobbyist or lobbyist principal contributions.&nbsp;</span></p> <p><span class="cls0">A. No person or family may contribute more than:&nbsp;</span></p> <p><span class="cls0">1. Five Thousand Dollars ($5,000.00) in any calendar year to a committee other than a candidate committee;&nbsp;</span></p> <p><span class="cls0">2. Five Thousand Dollars ($5,000.00) to a candidate for state office, to a candidate for municipal office in a municipality with a population of over two hundred fifty thousand (250,000) persons, according to the most recent Federal Decennial Census, to a candidate for county office in a county with a population of over two hundred fifty thousand (250,000) persons, according to the most recent Federal Decennial Census, or to a candidate committee authorized by such a candidate to receive contributions or make expenditures on his or her behalf, for any campaign; or&nbsp;</span></p> <p><span class="cls0">3. One Thousand Dollars ($1,000.00) to a candidate for other local office, or to a candidate committee authorized by such a candidate to receive contributions or make expenditures on his or her behalf, for any campaign.&nbsp;</span></p> <p><span class="cls0">B. No candidate, candidate committee, or other committee shall knowingly accept contributions in excess of the amounts provided herein.&nbsp;</span></p> <p><span class="cls0">C. These restrictions shall not apply to a committee supporting or opposing a ballot measure or local question or to a candidate making a contribution of his or her own funds to his or her own campaign.&nbsp;</span></p> <p><span class="cls0">D. It shall be prohibited for a campaign contribution to be made to a particular candidate or committee through an intermediary or conduit for the purpose of:&nbsp;</span></p> <p><span class="cls0">1. Evading requirements of effective Rules of the Ethics Commission promulgated pursuant to Article XXIX of the Oklahoma Constitution or laws relating to the reporting of contributions and expenditures; or&nbsp;</span></p> <p><span class="cls0">2. Exceeding the contribution limitations imposed by subsection A of this section.&nbsp;</span></p> <p><span class="cls0">Any person making a contribution in violation of this subsection or serving as an intermediary or conduit for such a contribution, upon conviction, shall be subject to the penalties prescribed in subsections E and F of this section.&nbsp;</span></p> <p><span class="cls0">E. Any person who knowingly and willfully violates any provision of this section where the aggregate amount contributed exceeds the contribution limitation specified in subsection A of this section by Five Thousand Dollars ($5,000.00) or more, upon conviction, shall be guilty of a felony punishable by a fine of up to four times the amount exceeding the contribution limitation or by imprisonment in the State Penitentiary for up to one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">F. Any person who knowingly and willfully violates any provision of this section where the aggregate amount contributed is less than Five Thousand Dollars ($5,000.00) in excess of the contribution limitation specified in subsection A of this section, upon conviction, shall be guilty of a misdemeanor punishable by a fine of not more than three times the amount exceeding the contribution limitation or One Thousand Dollars ($1,000.00), whichever is greater, or by imprisonment in the county jail for up to one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">G. No lobbyist or lobbyist principal as defined in Section 4249 of Title 74 of the Oklahoma Statutes shall make or promise to make a contribution to, or solicit or promise to solicit a contribution for a member of the Oklahoma Legislature or a candidate for a state legislative office during any regular legislative session, beginning the first Monday in February, through its adjournment, and for five (5) calendar days following sine die adjournment. A member of the Oklahoma Legislature or a candidate for a state legislative office shall not intentionally solicit or accept a contribution from a lobbyist or lobbyist principal as defined in Section 4249 of Title 74 of the Oklahoma Statutes during any regular legislative session and for five (5) calendar days after sine die adjournment. For the purposes of this subsection, a candidate shall mean any person who has filed a statement of organization for a state legislative office pursuant to Oklahoma Statutes, Title 74, Chapter 62 Appendix, Rule 257:10-1-8.&nbsp;</span></p> <p><span class="cls0">H. Any person who knowingly and willfully violates any provision of subsection G of this section, upon conviction, shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for up to one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 343, &sect; 2, eff. July 1, 1995. Amended by Laws 1997, c. 133, &sect; 155, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 75, eff. July 1, 1999; Laws 2008, c. 282, &sect; 2, eff. Nov. 1, 2008.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 155 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-187.2. Corporate contributions.&nbsp;</span></p> <p><span class="cls0">A. No corporation shall contribute to any campaign fund of any party committee of this state or to any other person for the benefit of such party committee or its candidates, nor shall it, through any agent, officer, representative, employee, attorney, or any other person or persons, so contribute. Nor shall any such corporation, directly or through such other person, make any loan of money or anything of value, or give or furnish any privilege, favor or other thing of value to any party committee, or to any representative of a party committee, or to any other person for it, or to any candidate upon the ticket of any political party.&nbsp;</span></p> <p><span class="cls0">B. A corporation shall not make a contribution or expenditure to, or for the benefit of, a candidate or committee in connection with an election, except that this provision shall not apply to:&nbsp;</span></p> <p><span class="cls0">1. A campaign or committee solely for or against a ballot measure or local question; or&nbsp;</span></p> <p><span class="cls0">2. The establishment, administration, and solicitation of contributions to a political action committee to be utilized for political purposes by a corporation.&nbsp;</span></p> <p><span class="cls0">C. No candidate, candidate committee, or other committee shall knowingly accept contributions given in violation of the provisions of subsection A or B of this section.&nbsp;</span></p> <p><span class="cls0">D. The provisions of this section shall not apply to a bank, savings and loan association or credit union loaning money to a candidate in connection with his or her own campaign which is to be repaid with interest at a rate comparable to that of loans for equivalent amounts for other purposes.&nbsp;</span></p> <p><span class="cls0">E. Any person who knowingly and willfully violates any provision of this section where the aggregate amount contributed exceeds Five Thousand Dollars ($5,000.00), upon conviction, shall be guilty of a felony punishable by a fine of up to four times the amount of the prohibited contribution or by imprisonment in the State Penitentiary for up to one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">F. Any person who knowingly and willfully violates any provision of this section where the aggregate amount contributed is Five Thousand Dollars ($5,000.00) or less, upon conviction, shall be guilty of a misdemeanor punishable by a fine of not more than three times the amount of the prohibited contribution or One Thousand Dollars ($1,000.00), whichever is greater, or by imprisonment in the county jail for up to one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 343, &sect; 3, eff. July 1, 1995. Amended by Laws 1997, c. 133, &sect; 156, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 76, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 156 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21262. Act of officer de facto.&nbsp;</span></p> <p><span class="cls0">The last section shall not be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts.&nbsp;</span></p> <p><span class="cls0">R.L.1910, Sec. 2145.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21263. Falsely assuming to be officer.&nbsp;</span></p> <p><span class="cls0">Every person who shall falsely assume or pretend to be any state, county or township, city or town officer, or who shall knowingly take upon himself to act as such or to require any person to act as such, or assist him in any matter pertaining to such office, shall be punished by imprisonment in the county jail not more than one (1) year nor less than three (3) months, and by fine not exceeding Five Hundred nor less than Fifty Dollars ($50.00).&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2146. &nbsp;</span></p> <p><span class="cls0">&sect;21-264. False impersonation of peace officers - False insignia on motor vehicle.&nbsp;</span></p> <p><span class="cls0">A. Any person who shall without due authority exercise or attempt to exercise the functions of or hold himself or herself out to any one as a deputy sheriff, marshal, police officer, constable or peace officer 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 One Hundred Dollars ($100.00), or by both such fine and imprisonment; provided, however, this section shall not be so construed as to prevent private persons from making arrests for felonies or misdemeanors committed in their presence.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful for any person to affix on his or her motor vehicle, either temporarily or permanently, any insignia typically used by a law enforcement agency for the purpose of causing any other motor vehicle operator to yield the right-of-way and stop, or which actually causes any other motor vehicle operator to yield the right-of-way and stop, whether intended or not. Any person who violates the provisions of this subsection 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 One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. The provisions of this subsection shall not apply to vehicles of any fire department, fire patrol, law enforcement vehicles, ambulances, or other authorized emergency vehicles.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2147. Amended by Laws 2007, c. 120, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21265. Bribing or offering bribe to executive officer.&nbsp;</span></p> <p><span class="cls0">Any person who gives or offers any bribe to any executive officer, with intent to influence him in respect to any act, decision, vote, opinion, or other proceedings of such officer, shall be guilty of a felony punishable by imprisonment in the State Penitentiary, not exceeding ten (10) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00); or both.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2148. Amended by Laws 1997, c. 133, &sect; 157, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 77, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 157 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21266. Asking or receiving bribes.&nbsp;</span></p> <p><span class="cls0">Any executive officer or person elected or appointed to executive office who asks, receives or agrees to receive any bribe upon any agreement or understanding that his vote, opinion or action upon any matter then pending, or which may by law be brought before him in his official capacity, shall be influenced thereby, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or both; and in addition thereto, any such person forfeits office and is forever disqualified from holding any public office under the laws of the state.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2149. Amended by Laws 1997, c. 133, &sect; 158, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 78, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 158 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21267. Preventing officer's performance of duty.&nbsp;</span></p> <p><span class="cls0">Every person who attempts, by means of any threat or violence, to deter or prevent any executive officer from performing any duty imposed upon such officer by law, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2150. &nbsp;</span></p> <p><span class="cls0">&sect;21268. Resisting executive officer.&nbsp;</span></p> <p><span class="cls0">Every person who knowingly resists, by the use of force or violence, any executive officer in the performance of his duty, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2151. &nbsp;</span></p> <p><span class="cls0">&sect;21-269. Asking or receiving unauthorized reward for official act.&nbsp;</span></p> <p><span class="cls0">A. Every executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolument, gratuity or reward, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful for any state employee, with responsibility or oversight for processing a benefit or allowance, to solicit any portion of the benefit or allowance as a gratuity, kickback, or loan from a recipient who is otherwise entitled to the benefit or allowance.&nbsp;</span></p> <p><span class="cls0">C. Any state employee convicted of violating the provisions of subsection B of this section shall be guilty of a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2152. Amended by Laws 2007, c. 82, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21270. Reward for omission to act, asking or receiving.&nbsp;</span></p> <p><span class="cls0">Every executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolument, gratuity or reward, for omitting or deferring the performance of any official duty, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2153. &nbsp;</span></p> <p><span class="cls0">&sect;21271. Asking or receiving unauthorized advance fees.&nbsp;</span></p> <p><span class="cls0">Every executive officer who asks or receives any fee or compensation for any official service which has not been actually rendered, except in cases of charges for prospective costs, or of fees demandable in advance in the cases allowed by law, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2154. &nbsp;</span></p> <p><span class="cls0">&sect;21272. Taking unlawful reward for requisition for fugitive.&nbsp;</span></p> <p><span class="cls0">Every officer who asks or receives any compensation, fee or reward of any kind for any service rendered or expense incurred in procuring from the Governor a demand upon the executive authority of a State or Territory of the United States, or of a foreign government, for the surrender of a fugitive from justice, or of any service rendered or expense incurred in procuring the surrender of such fugitive, or of conveying him to this state or for detaining him therein, except upon an employment by the Governor, and upon an account duly audited and paid out of the State Treasury, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2155. &nbsp;</span></p> <p><span class="cls0">&sect;21273. Buying appointments to office.&nbsp;</span></p> <p><span class="cls0">Every person who gives or agrees, or offers to give any gratuity or reward in consideration that himself or any other person shall be appointed to any public office, or shall be permitted to, or to exercise, perform or discharge the prerogatives or duties of any 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 of not less than Two Hundred Dollars ($200.00) or more than One Thousand Dollars ($1,000.00), or both.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2156. &nbsp;</span></p> <p><span class="cls0">&sect;21-274. Selling appointments to office.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2157.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21275. Reward for making appointment or deputation.&nbsp;</span></p> <p><span class="cls0">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 felony punishable by imprisonment in the county jail not less than six (6) months nor more than two (2) years, 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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2158. Amended by Laws 1997, c. 133, &sect; 159, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 79, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 159 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21276. Unlawful deputation is void.&nbsp;</span></p> <p><span class="cls0">Every grant or deputation made contrary to the provisions of the two preceding sections is void; but official acts done before a conviction for any offense prohibited by those sections shall not be deemed invalid in consequence of the invalidity of such grant or deputation.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2159. &nbsp;</span></p> <p><span class="cls0">&sect;21277. Exercising functions of office after term expires.&nbsp;</span></p> <p><span class="cls0">Every person who having been an executive officer willfully exercises any of the functions of his office after his term of office has expired and a successor has been duly elected or appointed, and has qualified in his place, and he has notice thereof, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2160. &nbsp;</span></p> <p><span class="cls0">&sect;21278. Refusal to surrender books to successor.&nbsp;</span></p> <p><span class="cls0">Every person who having been an executive officer of this state, wrongfully refuses to surrender the official seal or any of the books and papers appertaining to his office, to his successor, who has been duly elected or appointed, and has duly qualified, and has demanded the surrender of the books and papers of such office is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2161. &nbsp;</span></p> <p><span class="cls0">&sect;21279. Administrative officers included.&nbsp;</span></p> <p><span class="cls0">The various provisions of this article which relate to executive officers apply in relation to administrative officers in the same manner as if administrative and executive officer were both mentioned together.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2162. &nbsp;</span></p> <p><span class="cls0">&sect;21-280. Disturbance, interference or disruption of state business - Penalties.&nbsp;</span></p> <p><span class="cls0">A. It is unlawful for any person, alone or in concert with others and without authorization, to willfully disturb, interfere or disrupt state business, agency operations or any employee, agent, official or representative of the state.&nbsp;</span></p> <p><span class="cls0">B. It is unlawful for any person who is without authority or who is causing any disturbance, interference or disruption to willfully refuse to disperse or leave any property, building or structure owned, leased or occupied by state officials, employees, agents or representatives or used in any manner to conduct state business or operations after proper notice by a peace officer, sergeant-at-arms, or other security personnel.&nbsp;</span></p> <p><span class="cls0">C. Any violation of the provisions of this section shall be a misdemeanor punishable by imprisonment in the county jail for a term of not more than one (1) year, by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">D. For purposes of this section, &ldquo;disturb, interfere or disrupt&rdquo; means any conduct that is violent, threatening, abusive, obscene, or that jeopardizes the safety of self or others.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 75, &sect; 2 and codified by Laws 2002, c. 460, &sect; 43, eff. Nov. 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Section 43 of Laws 2002, c. 460 provides: &ldquo;Section 2 of Enrolled Senate Bill No. 1292 (O.S.L. 2002, c. 75, &sect; 2) of the 2nd Session of the 48th Oklahoma Legislature, shall be codified as Section 280 of Title 21 of the Oklahoma Statutes, unless there is created a duplication in numbering.&rdquo;&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-281. False statements made during an internal investigation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 211, &sect; 1, emerg. eff. May 19, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-282. Unlawful acts - Violations.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any person or group of persons to:&nbsp;</span></p> <p><span class="cls0">1. Willfully and knowingly enter or remain in any posted, cordoned off, or otherwise restricted area of a building or grounds where the Governor, any member of the immediate family of the Governor, the Lieutenant Governor, or other state official being provided protection by the Department of Public Safety is or will be temporarily visiting;&nbsp;</span></p> <p><span class="cls0">2. Willfully and knowingly enter or remain in any posted, cordoned off, or otherwise restricted area of a building or grounds the use of which is restricted in conjunction with an event designated as a special event of national or state significance;&nbsp;</span></p> <p><span class="cls0">3. Willfully and knowingly, enter with the intent to impede or to disrupt the orderly conduct of government business or official functions in or within close proximity to any building or grounds, as described in paragraph 1 or 2 of this subsection, or to engage in disorderly or disruptive conduct in or within close proximity to any building or grounds, as described in paragraph 1 or 2 of this subsection, which results in the impeding or disruption of the orderly conduct of government business or official functions;&nbsp;</span></p> <p><span class="cls0">4. Willfully and knowingly obstruct or to impede ingress or egress to or from any building or grounds, as described in paragraph 1 or 2 of this subsection; or&nbsp;</span></p> <p><span class="cls0">5. Willfully and knowingly engage in any act or acts of physical violence against any person or property in any building or grounds, as described in paragraph 1 or 2 of this subsection.&nbsp;</span></p> <p><span class="cls0">B. Violation of this section and attempts or conspiracies to commit such violations shall, upon conviction, be punishable by:&nbsp;</span></p> <p><span class="cls0">1. A fine of One Thousand Dollars ($1,000.00) or imprisonment for not more than ten (10) years with the Department of Corrections, or by both fine and imprisonment, if:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the offense results in great bodily injury, as defined by Section 646 of Title 21 of the Oklahoma Statutes, to any other person; or&nbsp;</span></p> <p><span class="cls0">2. A fine of Five Hundred Dollars ($500.00) or imprisonment in the county jail for not more than one (1) year, or by both fine and imprisonment, in any other case.&nbsp;</span></p> <p><span class="cls0">C. Violation of this section, and attempts or conspiracies to commit such violations, shall be prosecuted by the district attorney in the district court having jurisdiction of the place where the offense occurred.&nbsp;</span></p> <p><span class="cls0">D. As used in this section, the term "other person for whom the Oklahoma Highway Patrol Division of the Department of Public Safety is charged with providing protection" means any person the Oklahoma Highway Patrol - Executive Security Division is authorized to protect pursuant to Section 2-101 or Section 2-105.3a of Title 47 of the Oklahoma Statutes when the person has not declined protection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 251, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21301. Preventing meetings of Legislature.&nbsp;</span></p> <p><span class="cls0">Any person who willfully and by force or fraud prevents the State Legislature or either of the houses composing it, or any of the members thereof, from meeting or organizing shall be guilty of a felony punishable by imprisonment in the State Penitentiary not less than five (5) years nor more than ten (10) years, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00), or both.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2163. Amended by Laws 1997, c. 133, &sect; 160, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 80, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 160 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21302. Disturbing legislative proceedings Penalty.&nbsp;</span></p> <p><span class="cls0">Any person who alone or in concert with others wilfully disturbs, disrupts or interferes with any session, meeting or proceeding of either house of the State Legislature or any committee of either house of the State Legislature, whether within or outside the presence of either house of the State Legislature or any committee, by:&nbsp;</span></p> <p><span class="cls0">1. Engaging in violent, tumultuous or threatening behavior;&nbsp;</span></p> <p><span class="cls0">2. Using abusive or obscene language or making an obscene gesture;&nbsp;</span></p> <p><span class="cls0">3. Making unreasonable noise; or&nbsp;</span></p> <p><span class="cls0">4. Congregating with other persons and refusing to comply with a lawful order of the police or security officer to disperse;&nbsp;</span></p> <p><span class="cls0">shall be guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2164; Laws 1981, c. 148, &sect; 1, emerg. eff. May 8, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;21302.1. Refusal to leave legislative chambers, galleries and offices Penalty.&nbsp;</span></p> <p><span class="cls0">Any person who alone or in concert with others, and without proper authorization, refuses to leave any part of the chambers, galleries or offices of either house of the State Legislature or building in which such chambers, galleries or any such office is located, or within any room or building or upon the property of a building in which a legislative hearing or meeting is being conducted upon a lawful order of the police or a security officer to disperse, leave, or move to a designated area, shall be guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1981, c. 148, &sect; 2, emerg. eff. May 8, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;21303. Compelling adjournment of Legislature.&nbsp;</span></p> <p><span class="cls0">Every person who willfully and by force or fraud compels or attempts to compel the State Legislature, or either of the houses composing it, to adjourn or disperse shall be guilty of a felony punishable by imprisonment in the State Penitentiary not less than five (5) years nor more than ten (10) years, or by a fine of not less than Five Hundred Dollars ($500.00), nor more than Two Thousand Dollars ($2,000.00), or both.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2165. Amended by Laws 1997, c. 133, &sect; 161, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 81, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 161 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21304. Preventing legislative member or personnel from performing official duties Penalty.&nbsp;</span></p> <p><span class="cls0">Any person who alone or in concert with others wilfully either by force, physical interference, fraud, intimidation, or by means of any independently unlawful act, prevents or attempts to prevent any member, officer or employee of either house of the State Legislature or any committee of either house of the State Legislature from performing any official act, function, power or duty shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">&sect;21305. Compelling Legislature to perform or omit act.&nbsp;</span></p> <p><span class="cls0">Any person who willfully compels or attempts to compel either of the houses composing the Legislature to pass, amend or reject any bill or resolution, or to grant or refuse any petition, or to perform or omit to perform any other official act, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not less than five (5) years nor more than ten (10) years, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00), or both.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2167. Amended by Laws 1997, c. 133, &sect; 162, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 82, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 162 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21306. Altering draft bill.&nbsp;</span></p> <p><span class="cls0">Any person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the Legislature, to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2168. Amended by Laws 1997, c. 133, &sect; 163, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 163 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21307. Altering engrossed copy of bill.&nbsp;</span></p> <p><span class="cls0">Any person who fraudulently alters the engrossed copy or enrollment of any bill which has been passed by the Legislature, with intent to procure it to be approved by the Governor or certified by the Secretary of State, or printed or published by the printer of the statutes in language different from that in which it was passed by the Legislature, shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2169. Amended by Laws 1997, c. 133, &sect; 164, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 164 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21308. Bribery of or influencing members.&nbsp;</span></p> <p><span class="cls0">Any person who gives or offers to give a bribe to any member of the Legislature, or attempts directly or indirectly, by menace, deceit, suppression of truth or any other corrupt means, to influence a member in giving or withholding his vote, or in not attending the house of which he is a member, or any committee thereof, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or both.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2170. Amended by Laws 1997, c. 133, &sect; 165, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 83, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 165 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21309. Soliciting bribes Trading votes.&nbsp;</span></p> <p><span class="cls0">Any member of either of the houses composing the Legislature, who asks, receives or agrees to receive any bribe upon any understanding that his official vote, opinion, judgment or action shall be influenced thereby, or shall be given in any manner or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or who gives, or offers or promises to give any official vote in consideration that another member of the Legislature shall give any such vote, either upon the same or another question, is guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or both.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2171. Amended by Laws 1997, c. 133, &sect; 166, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 84, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 166 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21310. Witness refusing to attend legislature or committee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2172. &nbsp;</span></p> <p><span class="cls0">&sect;21311. Witness refusing to testify before legislature or committee.&nbsp;</span></p> <p><span class="cls0">Every person who, being present before either house of the Legislature or any committee thereof authorized to summon witnesses, willfully refuses to be sworn or affirmed, or to answer any material and proper question, or to produce upon reasonable notice any material and proper books, papers, or documents in his possession or under his control, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2173.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21312. Forfeiture of office Disqualification to hold office.&nbsp;</span></p> <p><span class="cls0">The conviction of a member of the Legislature of any of the crimes defined in this article, involves as a consequence, in addition to the punishment prescribed by this code, a forfeiture of his office, and disqualifies him from ever afterwards holding any office under this state.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2174. &nbsp;</span></p> <p><span class="cls0">&sect;21318. Bribery.&nbsp;</span></p> <p><span class="cls0">No person, firm, or member of a firm, corporation, or association shall give or offer any money, position or thing of value to any member of the State Legislature to influence him to work or to vote for any proposition, nor shall any member of the State Legislature accept any money, position, promise, or reward or thing of value for his work or vote upon any bill, resolution or measure before either house of the Legislature.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2180. &nbsp;</span></p> <p><span class="cls0">&sect;21320. Penalty for violating Section 318.&nbsp;</span></p> <p><span class="cls0">Any person or member of any firm, corporation or association violating the provisions of Section 318 of this title shall be guilty of a felony punishable by imprisonment in the State Penitentiary for not less than two (2) years nor more than five (5) years, 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).&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2182. Amended by Laws 1997, c. 133, &sect; 167, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 85, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 167 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21321. Member of legislature Soliciting or securing employment with state department or institution.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any member of the Legislature of Oklahoma to solicit, receive or accept any money or thing of value either directly or through another person for soliciting or securing employment of or for another person from any department or institution of the state, where the said department or institution is supported in whole or in part from revenues levied pursuant to law or appropriations made by the Legislature.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1937, p. 12, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;21322. Penalty for violating Section 321.&nbsp;</span></p> <p><span class="cls0">Any member of the Legislature who shall violate the provisions of Section 321 of this title shall be guilty of a felony, and upon conviction shall be fined in any sum not less than One Hundred Dollars ($100.00) nor to exceed One Thousand Dollars ($1,000.00), and be sentenced to the State Penitentiary for a term not less than one (1) year nor to exceed five (5) years and, in addition thereto, the member shall forfeit office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1937, p. 12, &sect; 2. Amended by Laws 1997, c. 133, &sect; 168, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 86, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 168 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21331. Receipt to be given Copy sent to Tax Commission.&nbsp;</span></p> <p><span class="cls0">Any person, firm or corporation soliciting or collecting funds, directly or indirectly for the primary purpose of promoting legislation for any person or group receiving grants or allotments from the state government must give a personal receipt for each amount collected. Each receipt must be on a form approved by the Oklahoma Tax Commission, must be made out in triplicate, one (1) copy to be retained by the donee and one (1) copy to be given to the donor and the third (3rd) copy must be sent to the Oklahoma Tax Commission on the first of each month. Each receipt must bear the date on which the money is received, must set forth the full name of the contributor and must be signed by the person collecting the money. Any person, firm, or corporation soliciting or collecting monies for the above cited purpose must give the receipt immediately after the money is received. Any person, firm or corporation soliciting or collecting money through the mail for the above cited reason must remit the receipt within five (5) days after receiving the donation. No receipt form shall be used unless it has had the prior approval of the Oklahoma Tax Commission.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1949, p. 202, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;21332. Records and information confidential.&nbsp;</span></p> <p><span class="cls0">Any records or information submitted to the Oklahoma Tax Commission under the provisions of this act shall be treated as confidential and shall not be released to any other department of state government except they shall be available to the Attorney General's office, to any court of competent jurisdiction, or any legislative committee desiring any information pertaining thereto.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1949, p. 202, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;21333. Violations Punishment.&nbsp;</span></p> <p><span class="cls0">Any person, firm or corporation failing to comply with the provisions of this act or using receipts not approved by the Oklahoma Tax Commission or who fails to give a receipt to a donor or who fails to send the third (3rd) copy of each receipt to the Oklahoma Tax Commission as required above shall be deemed guilty of a misdemeanor and shall be subject to a fine of Five Hundred Dollars ($500.00) or six (6) months in jail, or both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1949, p. 202, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;21-334. Compensation contingent upon influencing official action or legislation.&nbsp;</span></p> <p><span class="cls0">No person may retain or employ a lobbyist, as defined in Section 4249 of Title 74 of the Oklahoma Statutes, for compensation contingent in whole or in part on the passage or defeat of any official action or the approval or veto of any legislation, issuance of an executive order or approval or denial of a pardon or parole by the Governor. No lobbyist may accept any employment or render any service for compensation contingent on the passage or defeat of any legislation or the approval or veto of any legislation by the Governor. Any person convicted of violating the provisions of this section shall be guilty of a felony punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the State Penitentiary not exceeding two (2) years or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 343, &sect; 4, eff. July 1, 1995. Amended by Laws 1997, c. 133, &sect; 169, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 87, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 169 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-341. Embezzlement and false accounts by officers.&nbsp;</span></p> <p><span class="cls0">Every public officer of the state or any county, city, town, or member or officer of the Legislature, and every deputy or clerk of any such officer and every other person receiving any money or other thing of value on behalf of or for account of this state or any department of the government of this state or any bureau or fund created by law and in which this state or the people thereof, are directly or indirectly interested, who either:&nbsp;</span></p> <p><span class="cls0">First: Receives, directly or indirectly, any interest, profit or perquisites, arising from the use or loan of public funds in the officer&rsquo;s or person&rsquo;s hands or money to be raised through an agency for state, city, town, district, or county purposes; or&nbsp;</span></p> <p><span class="cls0">Second: Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to any moneys so received by him, on behalf of the state, city, town, district or county, or the people thereof, or in which they are interested; or&nbsp;</span></p> <p><span class="cls0">Third: Fraudulently alters, falsifies, cancels, destroys or obliterates any such account, shall, upon conviction, thereof, be deemed guilty of a felony and shall be punished by a fine of not to exceed Five Hundred Dollars ($500.00), and by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than twenty (20) years and, in addition thereto, the person shall be disqualified to hold office in this state, and the court shall issue an order of such forfeiture, and should appeal be taken from the judgment of the court, the defendant may, in the discretion of the court, stand suspended from such office until such cause is finally determined.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2581. Amended by Laws 1997, c. 133, &sect; 170, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 88, eff. July 1, 1999; Laws 2002, c. 460, &sect; 4, eff. Nov. 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 170 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21341.1. Postage meter Unlawful use.&nbsp;</span></p> <p><span class="cls0">Every person who uses a postage meter that is owned, operated or has been installed by any state department, board, commission or state educational institution, for his own personal use, or to the use of any person not entitled thereto, without authority of law, is guilty of a misdemeanor. Each state department, board, commission or state educational institution which has installed a postage meter machine shall place an imprint plate on such machine showing: first, that the mail carried by such postage is official State of Oklahoma mail; and second, that there is a penalty for the unlawful use of such postage meters for private purposes. The installation and cost of such imprint plates shall be paid from appropriations for postage and contingent expenses made to the various state departments, boards, commissions or state educational institutions.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1976, c. 57, &sect; 1, emerg. eff. April 15, 1976. &nbsp;</span></p> <p><span class="cls0">&sect;21342. Suspension Vacancy filled.&nbsp;</span></p> <p><span class="cls0">When any person is suspended from office by any court under the provisions of this section, said court shall certify the fact of such suspension to the proper officer or authority provided by law to fill a vacancy in such office. Such office shall be filled during the suspension in like manner as provided by law for filling vacancies in such offices.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2582. &nbsp;</span></p> <p><span class="cls0">&sect;21343. Other violation of official conduct.&nbsp;</span></p> <p><span class="cls0">Every officer or other person mentioned in the last section, who willfully disobeys any provisions of law regulating his official conduct, in cases other than those specified in that section, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2583. &nbsp;</span></p> <p><span class="cls0">&sect;21-344. Fraud by officer authorized to sell, lease or make contract.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided in this section, every public officer, being authorized to sell or lease any property, or make any contract in his or her official capacity, who voluntarily becomes interested individually in such sale, lease or contract, directly or indirectly, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this section shall not apply to:&nbsp;</span></p> <p><span class="cls0">1. Municipal officers who are subject to the provisions of Section 8-113 of Title 11 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">2. Conservation district board members participating in programs authorized by Section 3-2-106 of Title 27A of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2584; Laws 1989, c. 131, &sect; 1, eff. Nov. 1, 1989; Laws 1999, c. 43, &sect; 1, eff. Nov. 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-345. Refusal of officer to perform duty.&nbsp;</span></p> <p><span class="cls0">Every county clerk, court clerk, judge of the district court, district attorney, county commissioner, or sheriff, who willfully fails or refuses to perform the duties of his or her office according to law, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2585. Amended by Laws 1993, c. 239, &sect; 16, eff. July 1, 1993; Laws 1998, c. 310, &sect; 5, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21346. Obstructing the collection of taxes.&nbsp;</span></p> <p><span class="cls0">Every person who willfully obstructs or hinders any public officer from collecting any revenue, taxes, or other sums of money in which, or any part of which the people of this state are directly or indirectly interested, and which such officer is by law empowered to collect, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2586. &nbsp;</span></p> <p><span class="cls0">&sect;21347. Applies to all officers.&nbsp;</span></p> <p><span class="cls0">The provisions of the second preceding section shall also apply to county treasurers, justices of the peace, and all other county and precinct officers.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2587. &nbsp;</span></p> <p><span class="cls0">&sect;21348. Willful neglect by state officers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2588; Laws 1979, c. 30, &sect; 8, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21349. Injuring or burning public buildings.&nbsp;</span></p> <p><span class="cls0">Any person who willfully burns, destroys, or injures any public buildings or improvements in this state shall be guilty of a felony, punishable by imprisonment in the State Penitentiary not exceeding twentyfive (25) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2589. Amended by Laws 1997, c. 133, &sect; 171, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 89, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 171 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21350. Seizing military stores.&nbsp;</span></p> <p><span class="cls0">Any person who enters any fort, magazine, arsenal, armory, arsenal yard or encampment and seizes or takes away any arms, ammunition, military stores or supplies belonging to the people of this state, and every person who enters any such place with intent so to do, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2590. Amended by Laws 1997, c. 133, &sect; 172, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 90, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 172 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21351. False statement regarding taxes.&nbsp;</span></p> <p><span class="cls0">Every person who, in making any statement, oral or written, which is required or authorized by law to be made as the basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, willfully states any material matter which he knows to be false, is guilty, upon conviction, of a misdemeanor and shall be punished by imprisonment in the county jail for not more than one (1) year or by the imposition of a fine not to exceed Five Thousand Dollars ($5,000.00), or by both said fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Amended by Laws 1984, c. 220, &sect; 1, operative July 1, 1984. &nbsp;</span></p> <p><span class="cls0">&sect;21352. Unlawfully issuing or paying warrants.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any state officer or deputy or employee of said officer to issue, cause to be issued or consent to the issuing, or to pay, cause to be paid or consent to the paying of any state warrant, order, or other evidence of public debt in excess of the appropriation duly made or when no appropriation has been made by the Legislature, for the fund upon which the same may be drawn.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2592. &nbsp;</span></p> <p><span class="cls0">&sect;21353. Officer dealing in warrants Misdemeanor.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any public officer or deputy or employee of such officer to either directly or indirectly, buy, barter for, or otherwise engage in any manner in the purchase of any bonds, warrants or any other evidence of indebtedness against this state, any subdivision thereof, or municipality therein, of which he is an officer.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this section shall not apply to those municipal officers and employees who are subject to Section 8113 of Title 11 of the Oklahoma Statutes.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2593. &nbsp;</span></p> <p><span class="cls0">&sect;21354. Penalty.&nbsp;</span></p> <p><span class="cls0">Any person who shall violate any of the provisions of the two preceding sections shall be deemed guilty of the unlawful issuing of warrants or the unlawful purchase of warrants as the case may be, and shall be punished by a fine of not exceeding One Thousand Dollars ($1,000.00).&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2594. &nbsp;</span></p> <p><span class="cls0">&sect;21-355. Member of governing body not to furnish public supplies for consideration - Exceptions.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any member of any board of county commissioners, city council or other governing body of any city, board of trustees of any town, board of directors of any township, board of education of any city or school district, to furnish, for a consideration any material or supplies for the use of the county, city, town, township, or school district.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this section shall not apply to those municipal officers who are subject to Section 8-113 of Title 11 of the Oklahoma Statutes or to a member of any board of education of a school district in this state which does not include any part of a municipality with a population greater than two thousand five hundred (2,500) according to the latest Federal Decennial Census when the board member is the only person who furnishes the material or supplies within ten (10) miles of the corporate limits of the municipality. However, any activities permitted by this subsection shall not exceed Five Hundred Dollars ($500.00) for any single activity and shall not exceed Two Thousand Five Hundred Dollars ($2,500.00) for all activities in any calendar year.&nbsp;</span></p> <p><span class="cls0">C. It shall not be unlawful for any member of any board of county commissioners, city council or other governing body of any city, board of trustees of any town, board of directors of any township, or board of education of any school district to vote to purchase materials or supplies from a business that employs a member of the governing body or employs the spouse of a member if the member or the spouse of a member has an interest in the business of five percent (5%) or less.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2595. Amended by Laws 1996, c. 341, &sect; 2, eff. Nov. 1, 1996; Laws 1997, c. 317, &sect; 2, emerg. eff. May 29, 1997; Laws 1998, c. 365, &sect; 1, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21356. Contract or purchase void Members of body liable.&nbsp;</span></p> <p><span class="cls0">Any contract or purchase made in violation of the first preceding section shall be void, and no appropriation of public funds shall be made to pay the amount of same; but the members of the body voting for such contract or purchase shall be held personally liable for the amount thereof.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2596. &nbsp;</span></p> <p><span class="cls0">&sect;21357. Penalty for such contract or purchase.&nbsp;</span></p> <p><span class="cls0">Any member of any public body, such as is specified in Section 355 of this title, who shall be a party to any such contract or purchase therein declared unlawful, or who shall receive any money, warrant, certificate, or other consideration thereunder, or who shall vote for or assent to any such contract or purchase, shall be guilty of a felony punishable by a fine of not less than Fifty Dollars ($50.00), and imprisonment in the county jail not less than thirty (30) days, or by a fine of not more than Five Hundred Dollars ($500.00), with imprisonment in the State Penitentiary not exceeding five (5) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2597. Amended by Laws 1997, c. 133, &sect; 173, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 91, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 173 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-358. False, fictitious, or fraudulent claim for payment of public funds or on employment application.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any person, firm, corporation, association or agency to make, present, or cause to be presented to any employee or officer of the State of Oklahoma, or to any department or agency thereof, any false, fictitious or fraudulent claim for payment of public funds upon or against the State of Oklahoma, or any department or agency thereof, knowing such claim to be false, fictitious or fraudulent. A violation of this subsection shall be punished as provided in subsection A of Section 359 of this title.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful for any person applying for employment with the State of Oklahoma to make a materially false, fictitious or fraudulent statement or representation on an employment application, knowing such statement or representation to be materially false, fictitious or fraudulent. A violation of this subsection shall be punished as provided in subsection B of Section 359 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 151, &sect; 1, emerg. eff. April 7, 1970. Amended by Laws 2004, c. 526, &sect; 1, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-359. Penalties.&nbsp;</span></p> <p><span class="cls0">A. Any person, firm, corporation, association or agency found guilty of violating subsection A of Section 358 of this title shall be guilty of a felony punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by imprisonment in the custody of the Department of Corrections for a term not exceeding two (2) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. Any person found guilty of violating subsection B of Section 358 of this title shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term not exceeding one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 151, &sect; 2, emerg. eff. April 7, 1970. Amended by Laws 1997, c. 133, &sect; 174, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 92, eff. July 1, 1999; Laws 2004, c. 526, &sect; 2, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 174 from July 1, 1998 to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-360. Coercing political participation of state employees.&nbsp;</span></p> <p><span class="cls0">No public employee or public official, as defined in Section 304 of Title 51 of the Oklahoma Statutes, shall directly or indirectly coerce, attempt to coerce, command, advise or direct any state employee to pay, lend or contribute any part of his or her salary or compensation, time, effort or anything else of value to any party, committee, organization, agency or person for political purposes. No public employee or official shall retaliate against any employee for exercising his or her rights or for not participating in permitted political activities as provided in Ethics Commission Rule 10-1-4. Any person convicted of willfully violating the provisions of this section shall be guilty of a felony and shall be punished by the imposition of a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not longer than two (2) years, or by both said fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 343, &sect; 5, eff. July 1, 1995. Amended by Laws 1997, c. 133, &sect; 175, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 93, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 175 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21361. Acceptance, use or redemption for personal gain.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person or persons, firm, company or corporation to accept, use, or redeem for personal gain any trading stamps, coupons, tickets, certificates, cards or similar devices, which are redeemable either for money or any products, goods, wares, articles, merchandise or any other items of value whatsoever in all cases wherein the basis for the credit, issuance, transfer, assignment or distribution of said trading stamps, coupons, tickets, certificates, cards, or similar devices results from purchases by the state, payment for which, either in whole or in part, has been or will be made from the State Treasury or from any other state funds whatsoever.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1953, p. 94, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;21362. Vendors crediting, furnishing, etc. for personal use.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any vendor selling to the State of Oklahoma to credit, furnish, distribute, transmit or supply to any person or persons, firm, company, or corporation, for personal use, any trading stamps, coupons, tickets, certificates, cards or similar devices, which are redeemable either for money or any products, goods, wares, articles, merchandise or any other items of value, in all cases wherein the basis for said credit, issuance, transfer, assignment or distribution results from the sale of any products, goods, wares, articles, merchandise or any other items of value whatsoever to the State of Oklahoma.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1953, p. 94, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;21363. Violations Punishment.&nbsp;</span></p> <p><span class="cls0">Any person or persons, companies, partnerships, firms or corporations violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than Twentyfive Dollars ($25.00), nor more than One Hundred Dollars ($100.00) and each violation of this act shall be deemed a separate offense.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1953, p. 94, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;21-364. Repealed by Laws 1989, c. 154, &sect; 2, operative July 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;21371. Use in advertising prohibited.&nbsp;</span></p> <p><span class="cls0">Any person or persons, corporation or company, who shall use the flag or the coat of arms of the United States, or any pattern, imitation or representation thereof, either by printing thereon, or attaching thereto, any advertisement or device for the purpose of gain or profit, or as a trademark or label, shall be guilty of misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1919, c. 72, p. 113, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;21372. Mutilation, treating with indignity or destroying flag Definitions.&nbsp;</span></p> <p><span class="cls0">A. Any person who shall contemptuously or maliciously tear down, burn, trample upon, mutilate, deface, defile, defy, treat with indignity, wantonly destroy, or cast contempt, either by word or act, upon any flag, standard, colors or ensign of the United States of America, shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">B. The word "defile" as used in this section shall include public conduct which brings shame or disgrace upon any flag of the United States by its use for unpatriotic or profane purpose.&nbsp;</span></p> <p><span class="cls0">C. The terms "flag", "standard", "colors", or "ensign" of the United States as used in this section shall include any picture, representation or part thereof which an average person would believe, upon seeing and without deliberation, to represent the flag, standard, colors or ensign of the United States of America.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 72, p. 113, &sect; 2. Amended by Laws 1967, c. 298, &sect; 1; Laws 1971, c. 1, &sect; 1, emerg. eff. Feb. 17, 1971; Laws 1997, c. 133, &sect; 176, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 176 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21373. Penalty for violation of Section 372.&nbsp;</span></p> <p><span class="cls0">Any person, corporation or company violating any provision of Section 372 of this title, upon conviction thereof, shall be punished by a fine not exceeding Three Thousand Dollars ($3,000.00), or by imprisonment for not more than three (3) years, or both, in the discretion of the court.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 72, p. 113, &sect; 3. Amended by Laws 1967, c. 298, &sect; 2, emerg. eff. May 9, 1967; Laws 1997, c. 133, &sect; 177, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 94, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 177 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21374. Display of red flag or emblem of disloyalty or anarchy.&nbsp;</span></p> <p><span class="cls0">Any person in this state, who shall carry or cause to be carried, or publicly display any red flag or other emblem or banner, indicating disloyalty to the Government of the United States or a belief in anarchy or other political doctrines or beliefs, whose objects are either the disruption or destruction of organized government, or the defiance of the laws of the United States or of the State of Oklahoma, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the Penitentiary of the State of Oklahoma for a term not exceeding ten (10) years, or by a fine not exceeding One Thousand Dollars ($1,000.00) or by both such imprisonment and fine.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 83, p. 133, &sect; 1, emerg. eff. April 2, 1919. Amended by Laws 1997, c. 133, &sect; 178, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 95, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 178 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-375. Raising certain flags over tax-supported property prohibited - Penalty.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful and constitute a misdemeanor for any person to place, hoist, raise or display any flag, standard, colors or ensign upon or over any publicly owned tax-supported property or premises except roads, streets, highways, stadiums or arenas in the State of Oklahoma, except:&nbsp;</span></p> <p><span class="cls0">1. The flag, standard, colors or ensign of the United States of America;&nbsp;</span></p> <p><span class="cls0">2. The flag of any nation formerly having dominion over the land now comprising the State of Oklahoma or any portion of said land;&nbsp;</span></p> <p><span class="cls0">3. The official flag of any of the fifty states of the United States;&nbsp;</span></p> <p><span class="cls0">4. An Alfred P. Murrah Federal Building commemorative flag;&nbsp;</span></p> <p><span class="cls0">5. The official flag of any municipality in this state;&nbsp;</span></p> <p><span class="cls0">6. The Boy Scouts of America flag;&nbsp;</span></p> <p><span class="cls0">7. The Girl Scouts United States of America flag;&nbsp;</span></p> <p><span class="cls0">8. The American Red Cross flag;&nbsp;</span></p> <p><span class="cls0">9. The American Ex-Prisoner of War flag;&nbsp;</span></p> <p><span class="cls0">10. The POW/MIA flag; and&nbsp;</span></p> <p><span class="cls0">11. Such other flags as may be approved by the governing board or agency having control over said public property.&nbsp;</span></p> <p><span class="cls0">B. Any person convicted of a violation of this section shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 79, &sect; 1, emerg. eff. April 16, 1971. Amended by Laws 1987, c. 54, &sect; 1, eff. Nov. 1, 1987; Laws 1996, c. 4, &sect; 2, emerg. eff. March 12, 1996; Laws 2003, c. 107, &sect; 1, eff. Nov. 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21380. Bribery of fiduciary.&nbsp;</span></p> <p><span class="cls0">A. Any fiduciary who, with a corrupt intent and without the consent of his beneficiary, intentionally or knowingly solicits, accepts, or agrees to accept any bribe from another person with the agreement or understanding that the bribe as defined by law will influence the conduct of the fiduciary in relation to the affairs of his beneficiary, upon conviction, is guilty of a felony punishable by imprisonment in a state correctional institution for a term not more than ten (10) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00) or an amount fixed by the court not to exceed twice the value of the benefit gained from the bribe, or by both said imprisonment and fine.&nbsp;</span></p> <p><span class="cls0">B. Any person who offers, confers, or agrees to confer any bribe the acceptance of which is an offense pursuant to the provisions of subsection A of this section, upon conviction, is guilty of a felony punishable by imprisonment in a state correctional institution for a term not more than ten (10) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or both.&nbsp;</span></p> <p><span class="cls0">C. As used in subsection A of this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Beneficiary&rdquo; means any person for whom a fiduciary is acting;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Fiduciary&rdquo; means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;an agent or employee, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a trustee, guardian, custodian, administrator, executor, conservator, receiver, or similar fiduciary, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a lawyer, physician, accountant, appraiser, or other professional advisor, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;an officer, director, partner, manager, or other participant in the direction of the affairs of a corporation or association.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 155, &sect; 1, eff. Nov. 1, 1984. Amended by Laws 1997, c. 133, &sect; 179, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 96, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 179 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-380.1. Commercial bribery involving an insured depository institution.&nbsp;</span></p> <p><span class="cls0">A person commits the offense of commercial bribery involving an insured depository institution or credit union when the person gives, offers, promises, confers or agrees to confer any benefit to any employee, agent or fiduciary without the consent of the employer or principal and with intent to influence such person&rsquo;s conduct in relation to the affairs of the employer or principal.&nbsp;</span></p> <p><span class="cls0">Any person convicted of commercial bribery involving an insured depository institution shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a term not more than one (1) year; or, if there was intent to defraud, the violator, upon conviction, shall be guilty of a felony punishable by imprisonment in the Department of Corrections for a term not more than ten (10) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 298, &sect; 1, emerg. eff. May 12, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-381. Bribing officers.&nbsp;</span></p> <p><span class="cls0">Whoever corruptly gives, offers, or promises to any executive, legislative, county, municipal, judicial, or other public officer, or any employee of the State of Oklahoma or any political subdivision thereof, including peace officers and any other law enforcement officer, or any person assuming to act as such officer, after his election or appointment, either before or after he has qualified or has taken his seat, any gift or gratuity whatever, with intent to influence his act, vote, opinion, decision, or judgment on any matter, question, cause, or proceeding which then may be pending, or may by law come or be brought before him in his official capacity, or as a consideration for any speech, work, or service in connection therewith, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years, or by a fine not exceeding Three Thousand Dollars ($3,000.00) and imprisonment in jail not exceeding one (1) year.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2183. Amended by Laws 1967, c. 1, &sect; 1, emerg. eff. Feb. 1, 1967; Laws 1976, c. 41, &sect; 1, emerg. eff. April 5, 1976; Laws 1997, c. 133, &sect; 180, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 97, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 180 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21382. Officers receiving bribes.&nbsp;</span></p> <p><span class="cls0">Every executive, legislative, county, municipal, judicial, or other public officer, or any employee of the State of Oklahoma or any political subdivision thereof, including peace officers and any other law enforcement officer, or any person assuming to act as such officer, who corruptly accepts or requests a gift or gratuity, or a promise to make a gift, or a promise to do an act beneficial to such officer, or that judgment shall be given in any particular manner, or upon a particular side of any question, cause or proceeding, which is or may be by law brought before him in his official capacity, or as a consideration for any speech, work, or service in connection therewith, or that in such capacity he shall make any particular nomination or appointment, shall forfeit his office, be forever disqualified to hold any public office, trust, or appointment under the laws of this state, and be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00) and imprisonment in jail not exceeding one (1) year.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2184. Amended by Laws 1967, c. 1, &sect; 2, emerg. eff. Feb. 1, 1967; Laws 1976, c. 41, &sect; 2, emerg. eff. April 5, 1976; Laws 1997, c. 133, &sect; 181, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 98, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 181 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-383. Bribing jurors, referees, etc.&nbsp;</span></p> <p><span class="cls0">Any person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, umpire or assessor, or to any person who may be authorized by law or agreement of parties interested to hear or determine any question or controversy, with intent to influence his vote, opinion or decision upon any matter or question which is or may be brought before him for decision, is guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or both.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2185. Amended by Laws 1997, c. 133, &sect; 182, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 99, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 182 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-384. Receiving bribes by jurors, referees, etc.&nbsp;</span></p> <p><span class="cls0">Any juror, referee, arbitrator, umpire or assessor, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe upon any agreement or understanding that his vote, opinion or decision upon any matter or question which is or may be brought before him for decision, shall be thereby influenced, shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2186. Amended by Laws 1997, c. 133, &sect; 183, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 183 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21385. Misconduct of jurors.&nbsp;</span></p> <p><span class="cls0">Every juror or person drawn or summoned as a juror, or chosen arbitrator, or umpire, or appointed referee, who either:&nbsp;</span></p> <p><span class="cls0">1. Makes any promise or agreement to give a verdict for or against any party; or,&nbsp;</span></p> <p class="cls1"><span class="cls0">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. R.L.1910, &sect; 2187. &nbsp;</span></p> <p><span class="cls0">&sect;21386. Accepting gifts.&nbsp;</span></p> <p><span class="cls0">Every judicial officer, juror, referee, arbitrator or umpire, who accepts any gift from any person, knowing him to be a party in interest or the attorney or counsel of any party in interest to any action or proceeding then pending or about to be brought before him, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2188. &nbsp;</span></p> <p><span class="cls0">&sect;21387. Gifts defined.&nbsp;</span></p> <p><span class="cls0">The word "gift" in the foregoing section shall not be taken to include property received by inheritance, by will or by gift in view of death.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2189. &nbsp;</span></p> <p><span class="cls0">&sect;21388. Attempts to influence jurors.&nbsp;</span></p> <p><span class="cls0">Every person who attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as arbitrator or appointed a referee, in respect to his verdict, or decision of any cause or matter pending, or about to be brought before him, either:&nbsp;</span></p> <p><span class="cls0">1st, By means of any communication oral or written had with him, except in the regular course of proceedings upon the trial of the cause;&nbsp;</span></p> <p><span class="cls0">2nd, By means of any book, paper, or instrument, exhibited otherwise than in the regular course of proceedings, upon the trial of the cause;&nbsp;</span></p> <p><span class="cls0">3rd, By means of any threat or intimidation;&nbsp;</span></p> <p><span class="cls0">4th, By means of any assurance or promise of any pecuniary or other advantage; or,&nbsp;</span></p> <p><span class="cls0">5th, By publishing any statement, argument or observation relating to the cause, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2190. &nbsp;</span></p> <p><span class="cls0">&sect;21389. Drawing jurors fraudulently.&nbsp;</span></p> <p><span class="cls0">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 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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2191. &nbsp;</span></p> <p><span class="cls0">&sect;21390. Misconduct by officer in charge of jury.&nbsp;</span></p> <p><span class="cls0">Every officer to whose charge any juror or jury is committed by any court or magistrate, who negligently or willfully permits them, or any one of them, either:&nbsp;</span></p> <p><span class="cls0">1. To receive any communication from any person;&nbsp;</span></p> <p><span class="cls0">2. To make any communication to any person;&nbsp;</span></p> <p><span class="cls0">3. To obtain or receive any book or paper or refreshment; or&nbsp;</span></p> <p><span class="cls0">4. To leave the jury room, the jury box, or his immediate custody or control, without the leave of such court or magistrate first obtained, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Every bailiff, or other officer or person, into whose custody and care any court of record contemplates committing any juror or jury, before entering upon his duties as such for the court term or such lesser period of such service as the court may determine, shall first be admonished and shall make in writing and file with the clerk of such court a solemn oath, sworn to before the clerk or judge of such court, to the effect that he will regard the foregoing provisions of this section and that he will faithfully prevent the same and obstruct any attempt to accomplish or to attempt to do any of them, but at the same time to have regard to the comfort and wellbeing of the jurors and all of them, entrusted into his care in each and every jury trial in any cause during such court term or lesser period of appointment by such court.&nbsp;</span></p> <p><span class="cls0">In every court the same admonition shall be given and the same oath required as above, in each jury trial; but the court shall have the option whether the same be oral, or in writing and filed in such case, but thereafter during the trial of the same cause and until such jury is dismissed from further consideration of the same it shall not be necessary, for all intent and purposes of this act, to administer again such admonition or to require such oath.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2192; Laws 1949, p. 203, &sect; 1; Laws 1951, p. 59, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;21-399. Athletic contests - Bribery of participants, officials, etc.&nbsp;</span></p> <p><span class="cls0">Whoever corruptly gives, offers or promises any gift, gratuity or thing of value to any player, participant, coach, referee, umpire, official or any other person having authority in connection with the conducting of any amateur or professional athletic contest with the intent to influence the action, conduct, judgment, or decision of any such person in, or in connection with, such contest, or as a consideration for such person acting, playing or performing his functions in any such contest, in any manner calculated to affect the result thereof, or in consideration of such person failing to participate or engage in such contest, shall be deemed guilty of bribery, and upon conviction shall be guilty of a felony punishable by imprisonment in the State Penitentiary for not to exceed five (5) years; or by a fine of not to exceed Three Thousand Dollars ($3,000.00) and imprisonment in the county jail for not to exceed one (1) year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 231, &sect; 1, emerg. eff. April 16, 1947. Amended by Laws 1997, c. 133, &sect; 184, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 100, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 184 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-400. Acceptance of bribe by participant, official, etc.&nbsp;</span></p> <p><span class="cls0">Every player, participant, coach, umpire, referee or other person having or exercising authority in connection with the conducting of any amateur or professional athletic contest, who corruptly accepts or requests a gift or gratuity or a promise of any such gift or gratuity, or any other thing of value, or the performance of an act beneficial to any such person in consideration of such person performing any act or making any judgment or decision, or in consideration of such person playing or making decisions or judgments or conducting such athletic contest, in a manner intended or calculated to affect or change the result of such athletic contest, or in consideration of such person failing to participate or engage in any such contest, shall be deemed guilty of a felony and upon conviction shall be punished by imprisonment in the State Penitentiary for not to exceed one (1) year, or by a fine of not to exceed Three Thousand Dollars ($3,000.00) or imprisonment in the county jail for not to exceed one (1) year or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 232, &sect; 2, emerg. eff. April 16, 1947. Amended by Laws 1997, c. 133, &sect; 185, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 101, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 185 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21401. Gifts or rewards for outstanding play or meritorious service not prohibited.&nbsp;</span></p> <p><span class="cls0">The provisions of sections 1 and 2 of this act shall not be construed as preventing or prohibiting the giving or accepting of gifts or rewards by any of the persons specified in said sections for outstanding play or meritorious service in the performance of their duties in, or in connection with, any athletic contest or contests.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1947, p. 232, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;21402. Forfeiture of monies, properties and assets used in violation of bribery laws.&nbsp;</span></p> <p><span class="cls0">All monies, properties and assets of any kind or character used in the violation of any and all of the bribery laws of this state, and which has been paid, delivered or turned over to any person, firm, corporation or public official, shall be forfeited to the state by order of the court before which the action concerning the person, firm, or corporation charged with such bribery has terminated with the conviction of such person, firm, or corporation.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1959, p. 113, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;21403. Issuance of orders and writs pending trial.&nbsp;</span></p> <p><span class="cls0">The court before which bribery charges are pending, shall, pending the trial thereof, issue such orders and issue such writs as may be necessary directing the sheriff of the county in which such bribery charge is pending to seize and take possession of such monies, funds, properties or assets, and to hold the same subject to the further proceedings to be had therein.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1959, p. 113, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;21404. Hearing Judgment of forfeiture Sale of properties or assets.&nbsp;</span></p> <p><span class="cls0">The court having jurisdiction of the monies, funds, properties or assets so seized upon conviction of the person, firm, or corporation charged, shall, without a jury, order an immediate hearing as to whether the monies, funds, properties or assets so seized were being used for unlawful purposes, and take such legal evidences as are offered on each behalf and determine the same as in civil cases. Should the court find from a preponderance of the testimony that the monies, funds, properties or assets so seized were being used for the violation of the bribery laws of the State of Oklahoma, it shall render judgment accordingly and declare said monies, funds, properties or assets forfeited to the State of Oklahoma. Thereupon, said properties or assets shall, under the order of said court, be sold by the officer having the same in charge, after ten (10) days' notice published in a daily newspaper of the county wherein said sale is to take place, or if no daily newspaper is published in said county, then by posting five notices in conspicuous places in the city or town wherein such sale is to be made; and if the same is money or a fund, or of such nature as being negotiable and sale unnecessary, then such money, fund or negotiable property shall be held by the officer having charge of same, until disposed of in accordance with the provisions of this act. All sales of property and assets hereunder shall be for cash.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1959, p. 114, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;21405. Appeals Disposition of proceeds.&nbsp;</span></p> <p><span class="cls0">Appeals may be allowed as in civil cases, but the possession of monies, funds, properties or assets being so unlawfully used shall be prima facie evidence that it is the properties, funds, monies or assets of the person so using it. Where said monies, funds, properties or assets are sold or otherwise ordered forfeited under the provisions of this act the proceeds shall be disbursed and applied as follows:&nbsp;</span></p> <p><span class="cls0">First. To the payment of the costs of the forfeiting proceedings and actual expenses of preserving the properties.&nbsp;</span></p> <p><span class="cls0">Second. Oneeighth (1/8) of the proceeds remaining to the public official, witness, juror or other person to whom the bribe was given, provided such public official, witness, juror or other person had theretofore voluntarily surrendered the same to the sheriff of the county and informed the proper officials of the bribery or attempted bribery.&nbsp;</span></p> <p><span class="cls0">Third. Oneeighth (1/8) to the district attorney prosecuting the case.&nbsp;</span></p> <p><span class="cls0">Fourth. The balance to the county treasurer to be credited by him to the court fund of the county.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1959, p. 114, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;21406. Fees as additional to salaries.&nbsp;</span></p> <p><span class="cls0">The fees paid to any officer and prosecuting officer as provided in the preceding section, shall be in addition to the salaries now provided for them by law.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1959, p. 114, &sect; 5. &nbsp;</span></p> <p><span class="cls0">&sect;21421. Conspiracy &ndash; Definition - Punishment.&nbsp;</span></p> <p><span class="cls0">A. If two or more persons conspire, either:&nbsp;</span></p> <p><span class="cls0">1. To commit any crime; or&nbsp;</span></p> <p><span class="cls0">2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; or&nbsp;</span></p> <p><span class="cls0">3. Falsely to move or maintain any suit, action or proceeding; or&nbsp;</span></p> <p><span class="cls0">4. To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or&nbsp;</span></p> <p><span class="cls0">5. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws,&nbsp;</span></p> <p><span class="cls0">they are guilty of a conspiracy.&nbsp;</span></p> <p><span class="cls0">B. Except in cases where a different punishment is prescribed by law the punishment for conspiracy shall be a misdemeanor unless the conspiracy is to commit a felony.&nbsp;</span></p> <p><span class="cls0">C. Conspiracy to commit a felony shall be a felony and is punishable by payment of a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a period not exceeding ten (10) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2232. Amended by Laws 1968, c. 84, &sect; 1, emerg. eff. April 1, 1968; Laws 1979, c. 174, &sect; 1; Laws 1997, c. 133, &sect; 186, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 102, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 186 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21422. Conspiracy outside state against the peace of the state.&nbsp;</span></p> <p><span class="cls0">If two or more persons, being out of this state, conspire to commit any act against the peace of this state, the commission or attempted commission of which, within this state, would be treason against the state, they shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2233. Amended by Laws 1997, c. 133, &sect; 187, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 103, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 187 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21423. Overt act necessary.&nbsp;</span></p> <p><span class="cls0">No agreement to commit a felony or to commit a misdemeanor amounts to a conspiracy, unless some act besides such agreement be done to effect the object thereof, by one or more of the parties to such agreement.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2234. &nbsp;</span></p> <p><span class="cls0">&sect;21424. Punishment for conspiracy against state.&nbsp;</span></p> <p><span class="cls0">If two or more persons conspire either to commit any offense against the State of Oklahoma, any county, school district, municipality or subdivision thereof, or to defraud the State of Oklahoma, any county, school district, municipality or subdivision thereof, in any manner or for any purpose, and if one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be guilty of a felony punishable by a fine of not more than Twentyfive Thousand Dollars ($25,000.00) or imprisonment for not more than ten (10) years or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1915, c. 260, &sect; 1. Amended by Laws 1982, c. 148, &sect; 1, operative Oct. 1, 1982; Laws 1997, c. 133, &sect; 188, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 104, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 188 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-425. Engaging or conspiring to engage in pattern of criminal offenses.&nbsp;</span></p> <p><span class="cls0">A. Any person who engages in a pattern of criminal offenses in two or more counties in this state or who attempts or conspires with others to engage in a pattern of criminal offenses shall, upon conviction, be punishable by imprisonment in the Department of Corrections for a term not exceeding two (2) years, or imprisonment in the county jail for a term not exceeding one (1) year, or by a fine in an amount not more than Twenty-five Thousand Dollars ($25,000.00), or by both such fine and imprisonment. Such punishment shall be in addition to any penalty imposed for any offense involved in the pattern of criminal offenses. Double jeopardy shall attach upon conviction.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this act, &ldquo;pattern of criminal offenses&rdquo; means:&nbsp;</span></p> <p><span class="cls0">1. Two or more criminal offenses are committed that are part of the same plan, scheme, or adventure; or&nbsp;</span></p> <p><span class="cls0">2. A sequence of two or more of the same criminal offenses are committed and are not separated by an interval of more than thirty (30) days between the first and second offense, the second and third, and so on; or&nbsp;</span></p> <p><span class="cls0">3. Two or more criminal offenses are committed, each proceeding from or having as an antecedent element a single prior incident or pattern of fraud, robbery, burglary, theft, identity theft, receipt of stolen property, false personation, false pretenses, obtaining property by trick or deception, taking a credit or debit card without consent, or the making, transferring or receiving of a false or fraudulent identification card.&nbsp;</span></p> <p><span class="cls0">C. Jurisdiction and venue for a pattern of criminal offenses occurring in multiple counties in this state shall be determined as provided in Section 1 of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 292, &sect; 2, emerg. eff. May 11, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21431. Rearrest of escaped prisoners.&nbsp;</span></p> <p><span class="cls0">Every prisoner confined upon conviction for a criminal offense, who escapes from prison, may be pursued, retaken and imprisoned again, notwithstanding the term for which he was sentenced to be imprisoned may have expired at the time when he is retaken, and he shall remain so imprisoned until tried for such escape, or discharged, on a failure to prosecute therefor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2196. &nbsp;</span></p> <p><span class="cls0">&sect;21434. Attempt to escape from penitentiary.&nbsp;</span></p> <p><span class="cls0">Every prisoner confined in the penitentiary for a term less than for life, who attempts by force or fraud, although unsuccessfully, to escape from such prison, shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2198. Amended by Laws 1997, c. 133, &sect; 189, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 189 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21436. Attempt to escape from other prison than penitentiary.&nbsp;</span></p> <p><span class="cls0">Any prisoner confined in any other prison than the penitentiary, who attempts by force or fraud, although unsuccessfully, to escape therefrom, is guilty of a felony punishable by imprisonment in a county jail not exceeding one (1) year, to commence from the expiration of the original term of his imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2200. Amended by Laws 1997, c. 133, &sect; 190, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 105, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 190 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21437. Assisting prisoner to escape.&nbsp;</span></p> <p><span class="cls0">Any person who willfully by any means whatever, assists any prisoner confined in any prison to escape therefrom, is punishable as follows:&nbsp;</span></p> <p><span class="cls0">1. If such prisoner was confined upon a charge or conviction of a felony, such person shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years.&nbsp;</span></p> <p><span class="cls0">2. If such prisoner was confined otherwise than upon a charge or conviction of a felony, by imprisonment in the county jail not exceeding one (1) year, or by fine, not exceeding Five Hundred Dollars ($500.00), or both.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2201. Amended by Laws 1997, c. 133, &sect; 191, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 106, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 191 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21438. Carrying into prison things to aid escape.&nbsp;</span></p> <p><span class="cls0">Any person who carries or sends into any prison anything useful to aid any prisoner in making his escape, with intent thereby to facilitate the escape of any prisoner confined therein, is punishable as follows:&nbsp;</span></p> <p><span class="cls0">1. If such prisoner was confined upon any charge or conviction of felony, by imprisonment in the State Penitentiary not exceeding ten (10) years.&nbsp;</span></p> <p><span class="cls0">2. If such prisoner was confined otherwise than upon a charge or conviction of felony, by imprisonment in the county jail not exceeding one (1) year, or by a fine of Five Hundred Dollars ($500.00), or both.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2202. Amended by Laws 1997, c. 133, &sect; 192, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 107, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 192 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21439. Concealing escaped prisoner.&nbsp;</span></p> <p><span class="cls0">Every person who willfully and knowingly conceals any prisoner, who having been confined in prison upon a charge or conviction of misdemeanor, has escaped therefrom, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2203. &nbsp;</span></p> <p><span class="cls0">&sect;21-440. Harboring criminals and fugitives &ndash; Assisting a sex offender in violation of registration requirements &ndash; Unlawful acts - Penalties.&nbsp;</span></p> <p><span class="cls0">A. Any person who shall knowingly feed, lodge, clothe, arm, equip in whole or in part, harbor, aid, assist or conceal in any manner any person guilty of any felony, or outlaw, or fugitive from justice, or any person seeking to escape arrest for any felony committed within this state or any other state or territory, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a period not exceeding ten (10) years.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful for any person who has reason to believe that a sex offender is in violation of the registration requirements of the Sex Offenders Registration Act and who has the intent to assist the sex offender in eluding arrest, to do any of the following:&nbsp;</span></p> <p><span class="cls0">1. Withhold information from, or fail to notify, a law enforcement agency about the noncompliance of the sex offender with the registration requirements of the Sex Offenders Registration Act, and, if known, the whereabouts of the offender;&nbsp;</span></p> <p><span class="cls0">2. Harbor, attempt to harbor, or assist another person in harboring or attempting to harbor, the sex offender;&nbsp;</span></p> <p><span class="cls0">3. Conceal, or attempt to conceal, or assist another person in concealing or attempting to conceal, the sex offender; or&nbsp;</span></p> <p><span class="cls0">4. Provide information to a law enforcement agency regarding the sex offender that the person knows to be false information.&nbsp;</span></p> <p><span class="cls0">C. Any person convicted of violating the provisions of subsection B of this section shall be guilty of a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2204. Amended by Laws 1997, c. 133, &sect; 193, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 108, eff. July 1, 1999; Laws 2009, c. 404, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 193 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21441. Assisting escape from officer.&nbsp;</span></p> <p><span class="cls0">Every person who willfully assists any prisoner in escaping or attempting to escape from the custody of any officer or person having the lawful charge of such prisoner under any process of law or under any lawful arrest, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2205. &nbsp;</span></p> <p><span class="cls0">&sect;21442. Prisoner defined.&nbsp;</span></p> <p class="cls1"><span class="cls0">The term prisoner in this article includes every person held in custody under process of law issued from a court of competent jurisdiction, whether civil or criminal, or under any lawful arrest. R.L.1910, &sect; 2206. &nbsp;</span></p> <p><span class="cls0">&sect;21-443. Escape from city or county jail or custody of Department of Corrections - Penalty - Juvenile or youthful offender.&nbsp;</span></p> <p><span class="cls0">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 felony punishable by imprisonment of not less than one (1) year nor more than seven (7) years.&nbsp;</span></p> <p><span class="cls0">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 felony punishable by imprisonment of not less than two (2) years nor more than seven (7) years.&nbsp;</span></p> <p><span class="cls0">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 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 felony punishable by imprisonment for not less than one (1) year nor more than three (3) years. For purposes of this subsection:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Escape&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1939, p. 6, &sect; 1. Amended by Laws 1943, p. 83, &sect; 1; Laws 1974, c. 285, &sect; 15, emerg. eff. May 29, 1974; Laws 1976, c. 175, &sect; 1, emerg. eff. May 31, 1976; Laws 1983, c. 47, &sect; 1, eff. Nov. 1, 1983; Laws 1986, c. 89, &sect; 1, eff. Nov. 1, 1986; Laws 1988, c. 109, &sect; 23, eff. Nov. 1, 1988; Laws 1988, c. 310, &sect; 9, operative July 1, 1988; Laws 1993, c. 276, &sect; 12, emerg. eff. May 27, 1993; Laws 1994, c. 290, &sect; 50, eff. July 1, 1994; Laws 1997, c. 133, &sect; 194, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 109, eff. July 1, 1999; Laws 2005, c. 74, &sect; 1, eff. Nov. 1, 2005; Laws 2006, c. 161, &sect; 1, eff. Nov. 1, 2006; Laws 2010, c. 401, &sect; 1, eff. July 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 194 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21443a. Additional punishment under rules and regulations of prison after escape.&nbsp;</span></p> <p><span class="cls0">In addition, all prisoners who escape from either of the aforesaid prisons either while confined therein, or while at large as a trusty, when apprehended and returned to the prison, shall be punishable by the prison authorities in such manner as may be prescribed by the rules and regulations of the prison provided that such punishment shall not be cruel or unusual.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1939, p. 7, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;21-444. Escape or attempt to escape from arrest or detention &ndash; Removal of monitoring device.&nbsp;</span></p> <p><span class="cls0">A. It is unlawful for any person, after being lawfully arrested or detained by a peace officer, to escape or attempt to escape from such peace officer.&nbsp;</span></p> <p><span class="cls0">B. Any person who escapes or attempts to escape after being lawfully arrested or detained for custody for a misdemeanor offense shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">C. Any person who escapes or attempts to escape after being lawfully arrested or detained for custody for a felony offense shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">D. It is unlawful for any person admitted to bail or released on recognizance, bond, or undertaking for appearance before any magistrate or court of the State of Oklahoma, and required as a condition of such release from detention to wear any electronic monitoring device on the body of the person to remove such device without authorization from the court. For purposes of this subsection, any person charged with a misdemeanor offense who removes such device without authorization from the court shall be guilty of a misdemeanor and any person charged with a felony offense who removes such device without authorization from the court shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 163, &sect; 1. Amended by Laws 1997, c. 133, &sect; 195, eff. July 1, 1999; Laws 2010, c. 226, &sect; 4, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 195 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21445. Unauthorized entry into penal institution, jail, etc. Penalties.&nbsp;</span></p> <p><span class="cls0">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 felony punishable by imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years, 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 84, &sect; 1, eff. Nov. 1, 1985. Amended by Laws 1997, c. 133, &sect; 196, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 110, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 196 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-446. Unlawful transport of alien - Concealing, harboring or sheltering from detection - Destroying, hiding, altering, or keeping documentation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s legal status within the United States for the purpose of trafficking a person in violation of Section 748 of this title.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. Any person violating the provisions of subsections A, B or C of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than one (1) year, or by a fine of not less than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 112, &sect; 3, eff. Nov. 1, 2007. Amended by Laws 2010, c. 409, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21451. Offering false evidence.&nbsp;</span></p> <p><span class="cls0">Any person who, upon any trial, proceedings, inquiry or investigation whatever, authorized by law, offers in evidence, as genuine, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged, or fraudulently altered, shall be guilty of a felony and shall be punished in the same manner as the forging or false alteration of such instrument is made punishable by the provisions of this title.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2226. Amended by Laws 1997, c. 133, &sect; 197, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 197 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21452. Deceiving witness.&nbsp;</span></p> <p><span class="cls0">Every person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token or writing, to any witness or person about to be called as a witness, upon any trial, proceeding, inquiry or investigation whatever, proceeding by authority of law, with intent to affect the testimony of such witness, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2227. &nbsp;</span></p> <p><span class="cls0">&sect;21453. Preparing false evidence.&nbsp;</span></p> <p><span class="cls0">Any person guilty of falsely preparing any book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced as genuine upon any trial, proceeding or inquiry whatever, authorized by law, shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2228. Amended by Laws 1997, c. 133, &sect; 198, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 198 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21454. Destroying evidence.&nbsp;</span></p> <p><span class="cls0">Every person who knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, proceeding, inquiry or investigation whatever, authorized by law, willfully destroys the same, with intent thereby to prevent the same from being produced, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2229. d&nbsp;</span></p> <p><span class="cls0">&sect;21455. Preventing witness from giving testimony - Threatening witness who has given testimony.&nbsp;</span></p> <p><span class="cls0">A. Every person who willfully prevents any person from giving testimony who has been duly summoned or subpoenaed or endorsed on the criminal information or juvenile petition as a witness, or who makes a report of abuse or neglect pursuant to Sections 7103 and 7104 of Title 10 of the Oklahoma Statutes or Section 10-104 of Title 43A of the Oklahoma Statutes, or who is a witness to any reported crime, or threatens or procures physical or mental harm through force or fear with the intent to prevent any witness from appearing in court to give his testimony, or to alter his testimony is, upon conviction, guilty of a felony punishable by not less than one (1) year nor more than ten (10) years in the State Penitentiary.&nbsp;</span></p> <p><span class="cls0">B. Every person who threatens physical harm through force or fear or causes or procures physical harm to be done to any person or harasses any person or causes a person to be harassed because of testimony given by such person in any civil or criminal trial or proceeding, or who makes a report of abuse or neglect pursuant to Sections 7103 and 7104 of Title 10 of the Oklahoma Statutes or Section 10-104 of Title 43A of the Oklahoma Statutes, is, upon conviction, guilty of a felony punishable by not less than one (1) year nor more than ten (10) years in the State Penitentiary.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2230. Amended by Laws 1977, c. 158, &sect; 1, eff. Oct. 1, 1977; Laws 1981, c. 92, &sect; 1, eff. Oct. 1, 1981; Laws 1991, c. 296, &sect; 29, eff. Sept. 1, 1991; Laws 1993, c. 182, &sect; 1, emerg. eff. May 17, 1993; Laws 1997, c. 133, &sect; 199, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 111, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 199 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21456. Bribing witness Subornation of perjury.&nbsp;</span></p> <p><span class="cls0">Any person who gives or offers or promises to give to any witness or person about to be called as a witness in any matter whatever, including contests before United States land officers or townsite commissioners, any bribe upon any understanding or agreement that the testimony of such witness shall be influenced, or who attempts by any other means fraudulently to induce any witness to give false testimony shall be guilty of a felony, but if the offer, promise, or bribe is in any way to induce the witness to swear falsely, then it shall be held to be subornation of perjury.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2231. Amended by Laws 1997, c. 133, &sect; 200, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 200 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21461. Larceny or destruction of records by clerk or officer.&nbsp;</span></p> <p><span class="cls0">Any clerk, register or other officer having the custody of any record, maps or book, or of any paper or proceeding of any court of justice, filed or deposited in any public office, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying or unlawfully removing or secreting such record, map, book, paper or proceeding, or who permits any other person so to do, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years, and in addition thereto, such person shall forfeit office.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2207. Amended by Laws 1997, c. 133, &sect; 201, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 112, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 201 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21462. Larceny or destruction of records by other persons.&nbsp;</span></p> <p><span class="cls0">Any person not an officer such as is mentioned in Section 461 of this title, who is guilty of any of the acts specified in that section shall be guilty of a felony, punishable by imprisonment in the State Penitentiary not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2208. Amended by Laws 1997, c. 133, &sect; 202, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 113, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 202 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21463. Offering forged or false instruments for record.&nbsp;</span></p> <p><span class="cls0">Any person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed or registered or recorded under any law of this state or of the United States, shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2209. Amended by Laws 1997, c. 133, &sect; 203, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 203 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21464. Forging name to petition Penalties.&nbsp;</span></p> <p><span class="cls0">Any person who shall knowingly sign, subscribe or forge the name of any other person, without the consent of such other person, to any petition, application, remonstrance, or other instrument of writing, authorized by law to be filed in or with any court, board or officer, with intent to deceive or mislead such court, board or officer, shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00), or imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2210. &nbsp;</span></p> <p><span class="cls0">&sect;21471. Passes and franks Penalty Free transportation of children.&nbsp;</span></p> <p><span class="cls0">Any person or railroad, transportation or transmission company violating the provisions of Section thirteen, Article nine, of the Constitution, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Twentyfive Dollars ($25.00) nor more than Five Hundred Dollars ($500.00), or byimprisonment in the county jail of the county where the offense is triable of not less than thirty (30) days nor more than twelve (12) months, or by both such fine and imprisonment in the discretion of the court: Provided, that nothing herein contained shall prevent any railroad company or transportation company from carrying free any child or children under the age of seven (7) years.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2242. &nbsp;</span></p> <p><span class="cls0">&sect;21481. Employment of relatives unlawful, when.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any executive, legislative, ministerial or judicial officer to appoint or vote for the appointment of any person related to him by affinity or consanguinity within the third degree, to any clerkship, office, position, employment or duty in any department of the state, district, county, city or municipal government of which such executive, legislative, ministerial or judicial officer is a member, when the salary, wages, pay or compensation of such appointee is to be paid out of the public funds or fees of such office. Provided, however, that for the purposes of this chapter, a divorce of husband and wife shall terminate all relationship by affinity that existed by reason of the marriage, regardless of whether the marriage has resulted in issue who are still living.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this section shall not apply to any situation covered by Section 5-113 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L. 1910, &sect; 2235. Amended by Laws 1953, p. 95, &sect; 1; Laws 2001, c. 29, &sect; 1, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21482. Unlawful to pay salary to ineligible persons.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any such executive, legislative, ministerial or judicial officer mentioned in the preceding section, to draw or authorize the drawing of any warrant or authority for the payment out of any public fund, of the salary, wages, pay or compensation of any such ineligible person, and it shall be unlawful for any executive, legislative, ministerial or judicial officer to pay out of any public funds in his custody or under his control the salary, wages, pay or compensation of any such ineligible person.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2236. &nbsp;</span></p> <p><span class="cls0">&sect;21483. Appointment of one related to another officer.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any executive, legislative, ministerial, or judicial officer to appoint and furnish employment for any person whose services are to be rendered under his direction and control and paid for out of the public funds, and who is related by either blood or marriage within the third degree to any other executive, legislative, ministerial or judicial officer when such appointment is made in part consideration that such other officer shall appoint and furnish employment to any one so related to the officer making such appointment.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2237. &nbsp;</span></p> <p><span class="cls0">&sect;21484. Relatives cannot hold office, when.&nbsp;</span></p> <p><span class="cls0">Any person related within the third degree by affinity or consanguinity to any elected member of the legislative, judicial or executive branch of the state government shall not be eligible to hold any clerkship, office, position, employment or duty for which compensation is received in the same agency as such elected member of the state government.&nbsp;</span></p> <p class="cls1"><span class="cls0">Amended by Laws 1988, c. 303, &sect; 37, emerg. eff. July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;21-484.1. Applicability.&nbsp;</span></p> <p><span class="cls0">The provisions of Sections 481 through 484 of Title 21 of the Oklahoma Statutes shall not apply to any situation covered by Sections 5-113 and 5-113.1 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 253, &sect; 3, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21485. Penalty.&nbsp;</span></p> <p><span class="cls0">Any executive, legislative, ministerial or judicial officer who shall violate any provision of this Article, shall be deemed guilty of a misdemeanor involving official misconduct, and shall be punished by a fine of not less than One Hundred or more than One Thousand Dollars ($1,000.00), and shall forfeit his office.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2239. &nbsp;</span></p> <p><span class="cls0">&sect;21486. Removal from office for violation of article.&nbsp;</span></p> <p><span class="cls0">Every person guilty of violating the provisions of this article, shall, independently of, or in addition to any criminal prosecution that may be instituted, be removed from office according to the mode of trial and removal prescribed in the Constitution and laws of this State.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2240. &nbsp;</span></p> <p><span class="cls0">&sect;21-486.1. Exemption of employees already in service of district from certain nepotism provisions.&nbsp;</span></p> <p><span class="cls0">Upon the election of a board member of a rural water, sewer, gas and solid waste management district created pursuant to the Rural Water, Sewer, Gas and Solid Waste Management Districts Act, the provisions of Sections 481 through 487 of Title 21 of the Oklahoma Statutes shall not prohibit any employee already in the service of such rural water, sewer, gas and solid waste management district from continuing in such service or from promotion therein. Provided, however, the board member related to the employee shall excuse himself from the board meeting during any discussion of or action taken on any matter that could affect the employment or compensation for employment of such employee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 172, &sect; 3, emerg. eff. May 7, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21487. Officers affected.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2241. &nbsp;</span></p> <p><span class="cls0">&sect;21491. Perjury defined Defense.&nbsp;</span></p> <p><span class="cls0">Whoever, in a trial, hearing, investigation, deposition, certification or declaration, in which the making or subscribing of a statement is required or authorized by law, makes or subscribes a statement under oath, affirmation or other legally binding assertion that the statement is true, when in fact the witness or declarant does not believe that the statement is true or knows that it is not true or intends thereby to avoid or obstruct the ascertainment of the truth, is guilty of perjury. It shall be a defense to the charge of perjury as defined in this section that the statement is true.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2211; Laws 1965, c. 126, &sect; 1, emerg. eff. May 24, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;21492. Oath defined.&nbsp;</span></p> <p><span class="cls0">The term "oath," as used in the last section, includes an affirmation, and every other mode of attesting the truth of that which is stated, which is authorized by law.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2212. &nbsp;</span></p> <p><span class="cls0">&sect;21493. Oath of office.&nbsp;</span></p> <p><span class="cls0">So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by the previous sections.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2213. &nbsp;</span></p> <p><span class="cls0">&sect;21494. Irregularities no defense.&nbsp;</span></p> <p><span class="cls0">It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2214. &nbsp;</span></p> <p><span class="cls0">&sect;21495. Incompetency no defense.&nbsp;</span></p> <p><span class="cls0">It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he actually was required to give such testimony or made such deposition or certificate.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2215. &nbsp;</span></p> <p><span class="cls0">&sect;21496. Contradictory statements as perjury.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2216; Laws 1965, c. 126, &sect; 2, emerg. eff. May 24, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;21497. Making deposition or certificate.&nbsp;</span></p> <p><span class="cls0">The making of a deposition or certificate is deemed to be complete, within the provisions of this article, from the time when it is delivered by the accused to any other person with the intent that it be uttered or published as true.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2217. &nbsp;</span></p> <p><span class="cls0">&sect;21498. Degree of proof required.&nbsp;</span></p> <p><span class="cls0">(a) Proof of guilt beyond a reasonable doubt is sufficient for conviction under this act, and it shall not be necessary also that proof be by a particular number of witnesses or by documentary or other type of evidence.&nbsp;</span></p> <p><span class="cls0">(b) Lack of materiality of the statement is not a defense but the degree to which a perjured statement might have affected some phase or detail of the trial, hearing, investigation, deposition, certification or declaration shall be considered, together with the other evidence or circumstances, in imposing sentence.&nbsp;</span></p> <p><span class="cls0">(c) In a prosecution for perjury by contradictory statements, as defined in Section 496 of Title 21, it is unnecessary to prove which, if any, of the statements is not true.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2218; Laws 1965, c. 126, &sect; 3, emerg. eff. May 24, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;21499. Defenses to charges of perjury.&nbsp;</span></p> <p><span class="cls0">(1) Upon accusation of a charge of perjury by single statement, as defined in Section 491 of Title 21, it is a defense that the statement is true.&nbsp;</span></p> <p><span class="cls0">(2) Upon accusation of a charge of perjury by contradictory statements, as defined in Section 496 of Title 21, it is a defense that the accused at the time he made each statement believed the statement was true.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1965, c. 126, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;21500. Perjury as a felony.&nbsp;</span></p> <p><span class="cls0">Perjury is a felony punishable by imprisonment in the State Penitentiary as follows:&nbsp;</span></p> <p><span class="cls0">1. When committed on the trial of an indictment for felony, by imprisonment not less than two (2) years nor more than twenty (20) years;&nbsp;</span></p> <p><span class="cls0">2. When committed on any other trial proceeding in a court of justice, by imprisonment for not less than one (1) year nor more than ten (10) years; and&nbsp;</span></p> <p><span class="cls0">3. In all other cases by imprisonment not more than five (5) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2219. Amended by Laws 1931, p. 8, &sect; 1. Renumbered from &sect; 499 of this title by Laws 1965, c. 126, &sect; 6, emerg. eff. May 24, 1965. Amended by Laws 1997, c. 133, &sect; 204, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 114, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 204 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21501. Summary committal of witness.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2220; Laws 1965, c. 126, &sect; 6. &nbsp;</span></p> <p><span class="cls0">&sect;21502. Witness bound over to appear.&nbsp;</span></p> <p><span class="cls0">Such court shall thereupon bind over the witnesses to establish such perjury to appear at the proper court to testify before grand jury, and upon the trial, in case an indictment is found for such perjury, and shall also cause immediate notice of such commitment or recognizance, with the names of the witnesses so bound over, to be given to the district attorney.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2221; Laws 1965, c. 126, &sect; 6. &nbsp;</span></p> <p><span class="cls0">&sect;21503. Documents may be retained.&nbsp;</span></p> <p><span class="cls0">If, upon the hearing of such action or proceeding in which such perjury has probably been committed, any papers or documents produced by either party shall be deemed necessary to be used on the prosecution for such perjury, the court may by order detain such papers or documents from the party producing them, and direct them to be delivered to the district attorney.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2222; Laws 1965, c. 126, &sect; 6. &nbsp;</span></p> <p><span class="cls0">&sect;21504. Perjury by subornation - Felony - Attempted perjury by subornation.&nbsp;</span></p> <p><span class="cls0">Whoever procures another to commit perjury is guilty of perjury by subornation. Perjury by subornation is a felony, punishable as provided in Section 505 of this title. Whoever does any act with the specific intent to commit perjury by subornation but fails to complete that offense is guilty of attempted perjury by subornation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 126, &sect; 5, emerg. eff. May 24, 1965. Amended by Laws 1997, c. 133, &sect; 205, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 115, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 205 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21505. Punishment of subornation of perjury.&nbsp;</span></p> <p><span class="cls0">Any person guilty of subornation of perjury is punishable in the same manner as he would be if personally guilty of the perjury so procured.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2224; Laws 1965, c. 126, &sect; 6. &nbsp;</span></p> <p><span class="cls0">&sect;21521. Rescuing prisoners.&nbsp;</span></p> <p><span class="cls0">Any person who by force or fraud rescues or attempts to rescue, or aids another person in rescuing or in attempting to rescue any prisoner from any officer or other person having him in lawful custody, is punishable as follows:&nbsp;</span></p> <p><span class="cls0">1. If such prisoner was in custody upon a charge or conviction of felony, such person shall be guilty of a felony by imprisonment in the State Penitentiary for not less than ten (10) years; or&nbsp;</span></p> <p><span class="cls0">2. If such prisoner was in custody otherwise than upon a charge or conviction of a felony, by imprisonment in a county jail not exceeding one (1) year, or by fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2194. Amended by Laws 1997, c. 133, &sect; 206, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 116, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 206 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21522. Taking goods from legal custody.&nbsp;</span></p> <p><span class="cls0">Every person who willfully injures or destroys, takes or attempts to take, or assists any other person in taking or attempting to take from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2195. &nbsp;</span></p> <p><span class="cls0">&sect;21-531. Destruction or falsification of records.&nbsp;</span></p> <p><span class="cls0">Any sheriff, coroner, clerk of a court, constable or other ministerial officer, and every deputy or subordinate of any ministerial officer who mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2243. Amended by Laws 1997, c. 133, &sect; 207, eff. July 1, 1999; Laws 2002, c. 460, &sect; 5, eff. Nov. 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 207 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21532. Permitting escapes.&nbsp;</span></p> <p><span class="cls0">Any sheriff, coroner, clerk of a court, constable or other ministerial officer and any deputy or subordinate of any ministerial officer, who either:&nbsp;</span></p> <p><span class="cls0">1. Willfully or carelessly allows any person lawfully held by him in custody to escape or go at large, except as may be permitted by law; or&nbsp;</span></p> <p><span class="cls0">2. Receives any gratuity or reward, or any security or promise of one, to procure, assist, connive at or permit any prisoner in his custody to escape, whether such escape is attempted or not; or&nbsp;</span></p> <p><span class="cls0">3. Commits any unlawful act tending to hinder justice,&nbsp;</span></p> <p><span class="cls0">shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2244. Amended by Laws 1997, c. 133, &sect; 208, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 208 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-533. Refusing to receive or fingerprint prisoners - Medical exceptions.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in this section and Section 979a of Title 22 of the Oklahoma Statutes, for emergency medical treatment for an injury or condition that threatens life or threatens the loss or use of a limb, any peace officer or jail or prison contractor who, in violation of a duty imposed upon the officer or contractor by law or by contract to receive into custody any person as a prisoner, willfully neglects or refuses so to receive such person into custody is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">B. Except as provided in this section and Section 979a of Title 22 of the Oklahoma Statutes, for emergency medical treatment for an injury or condition that threatens life or threatens the loss or use of a limb, any peace officer or jail or prison contractor who, in violation of a duty imposed upon the officer or contractor by law or by contract to fingerprint any person received into custody as a prisoner, willfully neglects or refuses so to fingerprint such person is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">C. Any person coming into contact with a peace officer prior to being actually received into custody at a jail facility or holding facility, including, but not limited to, during the time of any arrest, detention, transportation, investigation of any incident, accident or crime, who needs emergency medical treatment for an injury or condition that threatens life or threatens the loss or use of a limb, shall be taken directly to a medical facility or hospital for such emergency medical care notwithstanding any duty imposed pursuant to this section or any other provision of law to first take such person into custody or to fingerprint such person. The responsibility for payment of such emergency medical costs shall be the sole responsibility of the person coming into the officer&rsquo;s contact and shall not be the responsibility of any jail, law enforcement agency, jail or prison contractor, sheriff, peace officer, municipality or county, except when the condition is a direct result of injury caused by such officer acting outside the scope of lawful authority.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2245. Amended by Laws 2003, c 199, &sect; 1, eff. Nov. 1, 2003; Laws 2005, c. 470, &sect; 1, emerg. eff. June 9, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21534. Delaying to take before magistrate.&nbsp;</span></p> <p><span class="cls0">Every public officer or other person having arrested any person upon any criminal charge, who willfully delays to take such person before a magistrate having jurisdiction to take his examination, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2246. &nbsp;</span></p> <p><span class="cls0">&sect;21535. Arrest without authority.&nbsp;</span></p> <p><span class="cls0">Every public officer or person pretending to be a public officer, who under the pretense or color of any process or other legal authority, arrests any person, or detains him against his will, or seizes or levies upon any property, or dispossesses anyone of any lands or tenements without due and legal process, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2247. &nbsp;</span></p> <p><span class="cls0">&sect;21536. Misconduct in executing a search warrant.&nbsp;</span></p> <p><span class="cls0">Every peace officer who, in executing a search warrant, willfully exceeds his authority, or exercises it with unnecessary severity, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2248. &nbsp;</span></p> <p><span class="cls0">&sect;21537. Refusing to aid officer.&nbsp;</span></p> <p><span class="cls0">Every person who, after having been lawfully commanded to aid any officer in arresting any person or in retaking any person who has escaped from legal custody, or in executing any legal process, willfully neglects or refuses to aid such officer, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2249. &nbsp;</span></p> <p><span class="cls0">&sect;21538. Refusing to make arrest.&nbsp;</span></p> <p><span class="cls0">Every person who, after having been lawfully commanded by any magistrate to arrest another person, willfully neglects or refuses so to do, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2250. &nbsp;</span></p> <p><span class="cls0">&sect;21539. Resisting execution of process in time of insurrection.&nbsp;</span></p> <p><span class="cls0">Any person who, after proclamation issued by the Governor declaring any county to be in a state of insurrection, resists or aids in resisting the execution of process in the county declared to be in a state of insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting a force ordered out by the government to quell or suppress an insurrection, shall be guilty of a felony punishable by imprisonment in the State Penitentiary for not less than two (2) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2251. Amended by Laws 1997, c. 133, &sect; 209, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 117, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 209 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21540. Obstructing officer.&nbsp;</span></p> <p><span class="cls0">Any person who willfully delays or obstructs any public officer in the discharge or attempt to discharge any duty of his office, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2252.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-540A. Eluding peace officer.&nbsp;</span></p> <p><span class="cls0">A. Any operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a peace officer driving a motor vehicle showing the same to be an official police, sheriff, highway patrol or state game ranger vehicle directing the operator to bring the vehicle to a stop and who willfully increases the speed or extinguishes the lights of the vehicle in an attempt to elude such peace officer, or willfully attempts in any other manner to elude the peace officer, or who does elude such peace officer, is guilty of a misdemeanor. The peace officer, while attempting to stop a violator of this section, may communicate a request for the assistance of other peace officers from any office, department or agency. Any peace officer within this state having knowledge of such request is authorized to render such assistance in stopping the violator and may effect an arrest under this section upon probable cause. Violation of this subsection shall constitute a misdemeanor and shall be punishable by not more than one (1) year imprisonment in the county jail or by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) or by both such fine and imprisonment. A second or subsequent violation of this subsection shall be punishable by not more than one (1) year in the county jail or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. Any person who violates the provisions of subsection A of this section in such manner as to endanger any other person shall be deemed guilty of a felony punishable by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than five (5) years, or by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. 1. Any person who causes an accident, while eluding or attempting to elude an officer, resulting in great bodily injury to any other person while driving or operating a motor vehicle within this state and who is in violation of the provisions of subsection A of this section may be charged with a violation of the provisions of this subsection. Any person who is convicted of a violation of the provisions of this subsection shall be deemed guilty of a felony punishable by imprisonment in a state correctional institution for not less than one (1) year and not more than five (5) years, and a fine of not more than Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">2. As used in this subsection, &ldquo;great bodily injury&rdquo; means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 52, &sect; 1, emerg. eff. March 26, 1965. Amended by Laws 1980, c. 115, &sect; 1, eff. Oct. 1, 1980; Laws 1981, c. 104, &sect; 1, eff. Oct. 1, 1981; Laws 1991, c. 81, &sect; 1, emerg. eff. April 18, 1991; Laws 1991, c. 182, &sect; 63, eff. Sept. 1, 1991; Laws 1996, c. 110, &sect; 1, eff. Nov. 1, 1996; Laws 1997, c. 133, &sect; 210, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 118, eff. July 1, 1999; Laws 2000, c. 185, &sect; 1, eff. July 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 210 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21540B. Roadblocks.&nbsp;</span></p> <p><span class="cls0">A peace officer may set up one or more roadblocks to apprehend any person riding upon or within a motor vehicle traveling upon a highway, street, turnpike, or area accessible to motoring public, when the officer has probable cause to believe such person is committing or has committed:&nbsp;</span></p> <p><span class="cls0">1. A violation of Section 540A of this title;&nbsp;</span></p> <p><span class="cls0">2. Escape from the lawful custody of any peace officer;&nbsp;</span></p> <p><span class="cls0">3. A felony under the laws of this state or the laws of any other jurisdiction.&nbsp;</span></p> <p><span class="cls0">A roadblock is defined as a barricade, sign, standing motor vehicle, or similar obstacle temporarily placed upon or adjacent to a public street, highway, turnpike or area accessible to the motoring public, with one or more peace officers in attendance thereof directing each operator of approaching motor vehicles to stop or proceed.&nbsp;</span></p> <p><span class="cls0">Any operator of a motor vehicle approaching such roadblock has a duty to stop at the roadblock unless directed otherwise by a peace officer in attendance thereof and the willful violation hereof shall constitute a separate offense from any other offense committed. Any person who willfully attempts to avoid such roadblock or in any manner willfully fails to stop at such roadblock or who willfully passes by or through such roadblock without receiving permission from a peace officer in attendance thereto is guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not less than one (1) year, nor more than five (5) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00) or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 115, &sect; 2, eff. Oct. 1, 1980. Amended by Laws 1997, c. 133, &sect; 211, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 119, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 211 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-540C. Fortification of access point where felony under Controlled Dangerous Substances Act is being committed.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any person to willfully fortify an access point into any dwelling, structure, building or other place where a felony offense prohibited by the Uniform Controlled Dangerous Substances Act is being committed, or attempted, and the fortification is for the purpose of preventing or delaying entry or access by a law enforcement officer, or to harm or injure a law enforcement officer in the performance of official duties.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, &ldquo;fortify an access point&rdquo; means to willfully construct, install, position, use or hold any material or device designed to injure a person upon entry or to strengthen, defend, restrict or obstruct any door, window or other opening into a dwelling, structure, building or other place to any extent beyond the security provided by a commercial alarm system, lock or deadbolt, or a combination of alarm, lock or deadbolt.&nbsp;</span></p> <p><span class="cls0">C. Any person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 405, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21541. Extrajudicial oaths.&nbsp;</span></p> <p><span class="cls0">Every person who takes an oath before an officer or person authorized to administer judicial oaths, except when such oath is required or authorized by law, or is required by the provisions of some contract as the basis of or in proof of a claim, or when the same has been agreed to be received by some person as proof of any fact, in the performance of any contract, obligation or duty instead of other evidence, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2253. &nbsp;</span></p> <p><span class="cls0">&sect;21542. Administering extrajudicial oaths.&nbsp;</span></p> <p><span class="cls0">Every officer or other person who administers an oath to another person, or who makes and delivers any certificate that another person, has taken an oath, except when such oath is required by the provisions of some contract as a basis of or proof of a claim, or when the same has been agreed to be received by some person as proof of any fact in the performance of any contract, obligation or duty, instead of other evidence, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2257. &nbsp;</span></p> <p><span class="cls0">&sect;21543. Compounding crimes.&nbsp;</span></p> <p><span class="cls0">Any person who, having knowledge of the actual commission of a crime or violation of statute, takes any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound or conceal such crime, or violation of statute, or to abstain from any prosecution therefor, or to withhold any evidence thereof, is punishable as follows:&nbsp;</span></p> <p><span class="cls0">1. By imprisonment for a felony in the State Penitentiary not exceeding five (5) years, or in a county jail not exceeding one (1) year, if the crime compounded is one punishable either by death or by imprisonment in the State Penitentiary for life;&nbsp;</span></p> <p><span class="cls0">2. By imprisonment for a felony in the State Penitentiary not exceeding three (3) years, or in a county jail not exceeding six (6) months, if the crime compounded was punishable by imprisonment in the State Penitentiary for any other term than for life; or&nbsp;</span></p> <p><span class="cls0">3. By imprisonment in a county jail not exceeding one (1) year, or by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by both such fine and imprisonment, if the crime or violation of statute compounded is a crime punishable by imprisonment in a county jail, or by fine, or is a misdemeanor, or violation of statute for which a pecuniary or other penalty or forfeiture is prescribed.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2255. Amended by Laws 1997, c. 133, &sect; 212, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 120, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 212 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21544. Compounding prosecution.&nbsp;</span></p> <p><span class="cls0">Every person who takes any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound, discontinue or delay any prosecution then pending for any crime or violation of statute, or to withhold any evidence in aid thereof, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2256. &nbsp;</span></p> <p><span class="cls0">&sect;21545. Attempt to intimidate officer.&nbsp;</span></p> <p><span class="cls0">Every person who, directly or indirectly, utters or addresses any threat or intimidation to any judicial or ministerial officer, to any juror, referee, arbitrator, umpire or assessor or other person authorized by law to hear or determine any controversy, with intent to induce him either to any act not authorized by law, or to omit or delay the performance of any duty imposed upon him by law, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2257. &nbsp;</span></p> <p><span class="cls0">&sect;21546. Suppressing evidence.&nbsp;</span></p> <p><span class="cls0">Every person who maliciously practices any deceit or fraud, or uses any threat, menace or violence, with intent to prevent any party to an action or proceeding from obtaining or producing therein any book, paper, or other matter or thing which might be evidence, or from procuring the attendance or testimony of any witness therein, or with intent to prevent any person having in his possession any book, paper or other matter or thing which might be evidence in such suit or proceeding, or prevent any person being cognizant of any fact material thereto from producing or disclosing the same, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2259. &nbsp;</span></p> <p><span class="cls0">&sect;21-547. Buying lands in suit.&nbsp;</span></p> <p><span class="cls0">Every person who takes any conveyance of any lands or tenements, or of any interest or estate therein, from any person not being in the possession thereof, while such lands or tenements are the subject of controversy, by suit in any court, knowing the pendency of such suit, and that the grantor was not in possession of such lands or tenements, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2259.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21548. Buying or selling pretended right or title to land.&nbsp;</span></p> <p><span class="cls0">Any person who buys or sells, or in any manner procures, or makes or takes any promise or covenant to convey any pretended right or title to any lands or tenements, unless the grantor thereof, or the person making such promise or covenant has been in possession, or he and those by whom he claims have been in possession of the same, or of the reversion and remainder thereof, or have taken the rents and profits thereof for the space of one (1) year before such grant, conveyance, sale promise, or covenant made, is guilty of a misdemeanor. Provided, however, that the provisions of this Section shall not be construed to be a restriction or limitation upon the sale of Indian lands by the allottees or the heirs of such allottees of their inherited interest in said lands.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2261. &nbsp;</span></p> <p><span class="cls0">&sect;21549. Mortgage of land adversely possessed not prohibited.&nbsp;</span></p> <p><span class="cls0">The two last sections shall not be construed to prevent any person having a just title to lands, upon which there shall be an adverse possession, from executing a mortgage on such lands.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2261.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21550. Common barratry defined.&nbsp;</span></p> <p><span class="cls0">Common barratry is the practice of exciting groundless judicial proceedings.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2262.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21551. Barratry a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Common barratry is a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2263. &nbsp;</span></p> <p><span class="cls0">&sect;21-552. Repealed by Laws 1997, c. 405, &sect; 8, emerg. eff. June 13, 1997.&nbsp;</span></p> <p><span class="cls0">&sect;21553. Interest of accused no defense to barratry prosecution.&nbsp;</span></p> <p><span class="cls0">Upon prosecution for common barratry the fact that the accused was himself a party in interest or upon the record to any proceedings at law complained of, is not a defense.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2265. d&nbsp;</span></p> <p><span class="cls0">&sect;21554. Attorneys Buying demands for suit Misleading inferior courts.&nbsp;</span></p> <p><span class="cls0">Every attorney who either directly or indirectly buys or is interested in buying any evidence of debt or thing in action with intent to bring suit thereon is guilty of a misdemeanor. Any attorney who in any proceeding before any court of a justice of the peace or police judge or other inferior court in which he appears as attorney, willfully misstates any proposition or seeks to mislead the court in any matter of law is guilty of a misdemeanor and on any trial therefor the state shall only be held to prove to the court that the cause was pending, that the defendant appeared as an attorney in the action, and showing what the legal statement was, wherein it is not the law. If the defense be that the act was not willful the burden shall be on the defendant to prove that he did not know that there was error in his statement of the law.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2266. &nbsp;</span></p> <p><span class="cls0">&sect;21555. District attorneys and their partners.&nbsp;</span></p> <p><span class="cls0">Every attorney who directly or indirectly advises in relation to, or aids or promotes the defense of any action or proceeding in any court, the prosecution of which is carried on, aided or promoted by any person as district attorney or other public prosecutor; with whom such person is directly or indirectly connected as a partner, or who takes or receives, directly or indirectly, from or on behalf of any defendant therein, any valuable consideration, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he shall forfeit his license to practice.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2267. &nbsp;</span></p> <p><span class="cls0">&sect;21556. Prosecutor advising the defense.&nbsp;</span></p> <p><span class="cls0">Every attorney who, having prosecuted or in any manner aided or promoted any action or proceeding in any court, as district attorney or other public prosecutor, afterward, directly or indirectly, advises in relation to, or takes any part in the defense thereof, as attorney or otherwise, or takes or receives any valuable consideration from or on behalf of any defendant therein, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor he shall forfeit his license to practice.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2268. &nbsp;</span></p> <p><span class="cls0">&sect;21557. Attorneys may defend themselves.&nbsp;</span></p> <p><span class="cls0">The two last sections do not prohibit an attorney from defending himself in person, as attorney or as counsel, when prosecuted either civilly or criminally.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2269. &nbsp;</span></p> <p><span class="cls0">&sect;21559. Claims for collection, loans or advances on.&nbsp;</span></p> <p><span class="cls0">Every attorney, justice of the peace or constable, who, directly or indirectly, lends or advances any money or property, or agrees for or procures any loan or advance, to any person, as a consideration for or inducement toward committing any evidence of debt or thing in action to such attorney, justice, constable or any other person, for collection, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2271. &nbsp;</span></p> <p><span class="cls0">&sect;21562. Receiving claims in payment of debts.&nbsp;</span></p> <p><span class="cls0">Nothing in the preceding sections shall be construed to prohibit the receiving in payment of any evidence of debt or thing in action for any estate, real or personal, or for any services of any attorney actually rendered, or for a debt antecedently contracted, or the buying or receiving any evidence of debt or the thing in action for the purpose of remittance, and without any intent to violate the preceding section.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2274. &nbsp;</span></p> <p><span class="cls0">&sect;21563. Application of preceding sections.&nbsp;</span></p> <p><span class="cls0">The provisions of the foregoing sections relating to the buying of claims by an attorney with intent to prosecute them, or to the lending or advancing money by an attorney in consideration of a claim being delivered for collection, shall apply to every case of such buying a claim, or lending or advancing money by any person prosecuting a suit or demanding in person.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2275. &nbsp;</span></p> <p><span class="cls0">&sect;21564. Privilege of witnesses in respect to claims or debts sold.&nbsp;</span></p> <p><span class="cls0">No person shall be excused from testifying in any civil action, to any facts showing that an evidence of debt or thing in action has been bought, sold or received contrary to law, upon the ground that his testimony might tend to convict him of a crime. But no evidence derived from the examination of such person shall be received against him upon any criminal prosecution.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2276. &nbsp;</span></p> <p><span class="cls0">&sect;21-565. Contempts, direct and indirect &ndash; Definitions.&nbsp;</span></p> <p><span class="cls0">Contempts of court shall be divided into direct and indirect contempts. Direct contempts shall consist of disorderly or insolent behavior committed during the session of the court and in its immediate view, and presence, and of the unlawful and willful refusal of any person to be sworn as a witness, and the refusal to answer any legal or proper question; and any breach of the peace, noise or disturbance, so near to it as to interrupt its proceedings, shall be deemed direct contempt of court, and may be summarily punished as hereinafter provided for. Indirect contempts of court shall consist of willful disobedience of any process or order lawfully issued or made by court; resistance willfully offered by any person to the execution of a lawful order or process of a court.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2277&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21565.1. Trial court Power to punish contempt Censure Contempt proceedings.&nbsp;</span></p> <p><span class="cls0">A. The trial judge has the power to cite for contempt anyone who, in his presence in open court, willfully obstructs judicial proceedings. If necessary, the trial judge may punish a person cited for contempt after an opportunity to be heard has been given.&nbsp;</span></p> <p><span class="cls0">B. Censure shall be imposed by the trial judge only if:&nbsp;</span></p> <p><span class="cls0">1. it is clear from the identity of the offender and the character of his acts that disruptive conduct is willfully contemptuous; or&nbsp;</span></p> <p><span class="cls0">2. the conduct warranting the sanction is preceded by a clear warning that the conduct is impermissible and that specified sanctions may be imposed for its repetition.&nbsp;</span></p> <p><span class="cls0">C. The trial judge, as soon as practicable after he is satisfied that courtroom misconduct requires contempt proceedings, should inform the alleged offender of his intention to institute said proceedings.&nbsp;</span></p> <p><span class="cls0">D. Before imposing any punishment for contempt, the judge shall give the offender notice of the charges and an opportunity to adduce evidence or argument relevant to guilt or punishment.&nbsp;</span></p> <p><span class="cls0">E. The judge before whom courtroom misconduct occurs may impose appropriate sanctions including punishment for contempt. If the judge's conduct was so integrated with the contempt that he contributed to it or was otherwise involved or his objectivity can reasonably be questioned, the matter shall be referred to another judge.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1984, c. 14, &sect; 1, eff. Nov. 1, 1984. &nbsp;</span></p> <p><span class="cls0">&sect;21-566. Direct or indirect contempt - Penalties - Cases involving failure to comply with court orders regarding children.&nbsp;</span></p> <p><span class="cls0">A. Unless otherwise provided for by law, punishment for direct or indirect contempt shall be by the imposition of a fine in a sum not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail not exceeding six (6) months, or by both, at the discretion of the court.&nbsp;</span></p> <p><span class="cls0">B. Any court in this state has the power to enforce an order for current child support, past-due child support and child support arrearage payments, other support, visitation, or other court orders regarding minor children and to punish an individual for failure to comply therewith, as set forth in subsection A of this section. Venue for an action under this section is proper, at the option of the petitioner:&nbsp;</span></p> <p><span class="cls0">1. In the county in this state in which the support order was entered, docketed or registered;&nbsp;</span></p> <p><span class="cls0">2. In the county in this state in which the obligee resides; or&nbsp;</span></p> <p><span class="cls0">3. In the county in this state in which the obligor resides or receives income.&nbsp;</span></p> <p><span class="cls0">Orders for current child support, past-due child support and child support arrearage payments are enforceable until paid in full. The remedies provided by this section are available regardless of the age of the child.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2278. Amended by Laws 1984, c. 14, &sect; 2, eff. Nov. 1, 1984; Laws 1989, c. 362, &sect; 5, eff. Nov. 1, 1989; Laws 1990, c. 101, &sect; 1, operative July 1, 1990; Laws 2002, c. 461, &sect; 1, eff. Nov. 1, 2002; Laws 2007, c. 140, &sect; 1, eff. Nov. 1, 2007; Laws 2008, c. 407, &sect; 12, eff. Nov. 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-566.1. Noncompliance with child support order - Indirect civil contempt.&nbsp;</span></p> <p><span class="cls0">A. When a court of competent jurisdiction has entered an order compelling a parent to furnish child support, necessary food, clothing, shelter, medical support, payment of child care expenses, or other remedial care for the minor child of the parent:&nbsp;</span></p> <p><span class="cls0">1. Proof that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the order was made, filed, and served on the parent,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the parent had actual knowledge of the existence of the order,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the order was granted by default after prior due process notice to the parent, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the parent was present in court at the time the order was pronounced; and&nbsp;</span></p> <p><span class="cls0">2. Proof of noncompliance with the order,&nbsp;</span></p> <p><span class="cls0">shall be prima facie evidence of an indirect civil contempt of court.&nbsp;</span></p> <p><span class="cls0">B. 1. In the case of indirect contempt for the failure to comply with an order for child support, child support arrears, or other support, punishment shall be, at the discretion of the court:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;incarceration in the county jail not exceeding six (6) months, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;incarceration in the county jail on weekends or at other times that allow the obligor to be employed, seek employment or engage in other activities ordered by the court.&nbsp;</span></p> <p><span class="cls0">2. Punishment may also include imposition of a fine in a sum not exceeding Five Hundred Dollars ($500.00).&nbsp;</span></p> <p><span class="cls0">C. 1. During proceedings for indirect contempt of court, the court may order the obligor to complete an alternative program and comply with a payment plan for child support and arrears. If the obligor fails to complete the alternative program and comply with the payment plan, the court shall proceed with the indirect contempt and shall impose punishment pursuant to subsection B of this section.&nbsp;</span></p> <p><span class="cls0">2. An alternative program may include:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a problem-solving court program for obligors when child support services under the state child support plan as provided in Section 237 of Title 56 of the Oklahoma Statutes are being provided for the benefit of the child. A problem-solving court program is an immediate and highly structured judicial intervention process for the obligor and requires completion of a participation agreement by the obligor and monitoring by the court. A problem-solving court program differs in practice and design from the traditional adversarial contempt prosecution and trial systems. The problem-solving court program uses a team approach administered by the judge in cooperation with a child support state&rsquo;s attorney and a child support court liaison who focuses on removing the obstacles causing the nonpayment of the obligor. The obligors in this program shall be required to sign an agreement to participate in this program as a condition of the Department of Human Services agreement to stay contempt proceedings or in lieu of incarceration after a finding of guilt. The court liaisons assess the needs of the obligor, develop a community referral network, make referrals, monitor the compliance of the obligor in the program, and provide status reports to the court, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;participation in programs such as counseling, treatment, educational training, social skills training or employment training to which the obligor reports daily or on a regular basis at specified times for a specified length of time.&nbsp;</span></p> <p><span class="cls0">D. In the case of indirect contempt for the failure to comply with an order for child support, child support arrears, or other support, the Supreme Court shall promulgate guidelines for determination of the sentence and purge fee. If the court fails to follow the guidelines, the court shall make a specific finding stating the reasons why the imposition of the guidelines would result in inequity. The factors that shall be used in determining the sentence and purge fee are:&nbsp;</span></p> <p><span class="cls0">1. The proportion of the child support, child support arrearage payments, or other support that was unpaid in relation to the amount of support that was ordered paid;&nbsp;</span></p> <p><span class="cls0">2. The proportion of the child support, child support arrearage payments, or other support that could have been paid by the party found in contempt in relation to the amount of support that was ordered paid;&nbsp;</span></p> <p><span class="cls0">3. The present capacity of the party found in contempt to pay any arrearages;&nbsp;</span></p> <p><span class="cls0">4. Any willful actions taken by the party found in contempt to reduce the capacity of that party to pay any arrearages;&nbsp;</span></p> <p><span class="cls0">5. The past history of compliance or noncompliance with the support order; and&nbsp;</span></p> <p><span class="cls0">6. Willful acts to avoid the jurisdiction of the court.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 407, &sect; 13, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-567. Indirect contempts - Proceedings.&nbsp;</span></p> <p><span class="cls0">A. In all cases of indirect contempt the party charged with contempt shall be notified in writing of the accusation and have a reasonable time for defense; and the party so charged shall, upon demand, have a trial by jury.&nbsp;</span></p> <p><span class="cls0">B. In the event the party so charged shall demand a trial by jury, the court shall thereupon set the case for trial at the next jury term of said court, unless such time is waived by the party so charged, in which event the case shall be set for trial at a time determined by the court. The court shall fix the amount of an appearance bond to be posted by said party charged, which bond shall be signed by said party and two sureties, which sureties together shall qualify by showing ownership of real property, the equal of which property shall be in double the amount of the bond, or, in the alternative, the party charged may deposit with the court clerk cash equal to the amount of the appearance bond.&nbsp;</span></p> <p><span class="cls0">C. In a case of indirect contempt, it shall not be necessary for the party alleging indirect contempt, or an attorney for that party, to attend an initial appearance or arraignment hearing for the party charged with contempt, unless the party alleging the indirect contempt is seeking a cash bond. If a cash bond is not being requested, the clerk of the court shall, upon request, notify the party alleging the indirect contempt of the date of the trial.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2279. Amended by Laws 1963, c. 55, &sect; 1, emerg. eff. May 13, 1963; Laws 1990, c. 309, &sect; 8, eff. Sept. 1, 1990; Laws 1993, c. 73, &sect; 1, eff. Sept. 1, 1993; Laws 1997, c. 403, &sect; 6, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-567A. Violation of child custody order &ndash; Affirmative defense &ndash; Emergency or protective custody.&nbsp;</span></p> <p><span class="cls0">A. Any parent or other person who violates an order of any court of this state granting the custody of a child under the age of eighteen (18) years to any person, agency, institution, or other facility, with the intent to deprive the lawful custodian of the custody of the child, shall be guilty of a felony. The fine for a violation of this subsection shall not exceed Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">B. The offender shall have an affirmative defense if the offender reasonably believes that the act was necessary to preserve the child from physical, mental, or emotional danger to the child&rsquo;s welfare and the offender notifies the local law enforcement agency nearest to the location where the custodian of the child resides.&nbsp;</span></p> <p><span class="cls0">C. If a child is removed from the custody of the child&rsquo;s lawful custodian pursuant to the provisions of this section any law enforcement officer may take the child into custody without a court order and, unless there is a specific court order directing a law enforcement officer to take the child into custody and release or return the child to a lawful custodian, the child shall be held in emergency or protective custody pursuant to the provisions of Section 1-4-201 of Title 10A of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 385, &sect; 1, emerg. eff. June 8, 1999. Amended by Laws 2009, c. 234, &sect; 119, emerg. eff. May 21, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-567B. Failure to appear for jury service - Sanctions.&nbsp;</span></p> <p><span class="cls0">An individual who fails to appear in person on the date scheduled for jury service and who has failed to obtain a postponement in compliance with the provisions for requesting a postponement, or who fails to appear on the date set pursuant to Section 9 of this act, shall be in indirect contempt of court and shall be punished by the imposition of a fine not to exceed Five Hundred Dollars ($500.00). The prospective juror may be excused from paying sanctions for good cause shown or in the interests of justice. In addition to or in lieu of the fine, the court may order that the prospective juror complete a period of community service for a period no less than if the prospective juror would have completed jury service, and provide proof of completion of this community service to the court.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 525, &sect; 1, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21568. Contempt Substance of offense made of record.&nbsp;</span></p> <p><span class="cls0">Whenever a person shall be imprisoned for contempt the substance of the offense shall be set forth in the order for his confinement, and made a matter of record in the court.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2280. &nbsp;</span></p> <p><span class="cls0">&sect;21569. Attorneys Second application to another judge to stay trial.&nbsp;</span></p> <p><span class="cls0">Every attorney or counselor at law who, knowing that an application has been made for an order staying the trial of an indictment, to a judge authorized to grant the same, and has been denied, without leave reserved to renew it, makes an application to another judge to stay the same trial, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2281. &nbsp;</span></p> <p><span class="cls0">&sect;21570. Grand juror acting after challenge allowed.&nbsp;</span></p> <p><span class="cls0">Every grand juror who, with knowledge that a challenge, interposed against him by a defendant, has been allowed, is present at or takes part, or attempts to take part, in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2282. &nbsp;</span></p> <p><span class="cls0">&sect;21571. Disclosure of deposition.&nbsp;</span></p> <p><span class="cls0">Every magistrate, or clerk of any magistrate, who willfully permits any deposition taken on an information or examination of a defendant before such magistrate, and remaining in the custody of such magistrate or clerk to be inspected by any person except a judge of a court having jurisdiction of the offense, the Attorney General, the district attorney and his assistants, and the defendant and his counsel, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2283. &nbsp;</span></p> <p><span class="cls0">&sect;21572. Disclosure of deposition returned by grand jury.&nbsp;</span></p> <p><span class="cls0">Every clerk of any court who willfully permits any deposition returned by any grand jury with a presentment made by them, and filed with such clerk, to be inspected by any person except the court, the deputies or assistants of such clerk, and the district attorney and his assistants, until after the arrest of the defendant, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2284. &nbsp;</span></p> <p><span class="cls0">&sect;21573. Fraudulent concealment of property.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Willfully conceals any of his estate or effects, or any books or writing relative thereto; or,&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2285. &nbsp;</span></p> <p><span class="cls0">&sect;21575. Attorneys, misconduct by Deceit Delaying suit Receiving allowance for money not laid out.&nbsp;</span></p> <p><span class="cls0">Every attorney who, whether as attorney or as counselor, who:&nbsp;</span></p> <p><span class="cls0">1st, is guilty of any deceit or collusion, or consents to any deceit or collusion with intent to deceive the court or any party; or,&nbsp;</span></p> <p><span class="cls0">2nd, willfully delays his client's suit, with a view to his own gain; or,&nbsp;</span></p> <p><span class="cls0">3rd, willfully receives any money or allowance for or on account of any money which he has not laid out or become answerable for, is guilty of a misdemeanor; and, in addition to the punishment prescribed therefor by this code, he forfeits to the party injured treble damages, to be recovered in a civil action.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2287. &nbsp;</span></p> <p><span class="cls0">&sect;21576. Attorney permitting other person to use his name.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2288. &nbsp;</span></p> <p><span class="cls0">&sect;21577. Attorneys, use of name lawful, when.&nbsp;</span></p> <p><span class="cls0">Whenever an action or proceeding is authorized by law to be prosecuted or defended in the name of the people, or of any public officer, board of officers or municipal corporation, on behalf of another party, the AttorneyGeneral or district attorney, or attorney of such public officer or board or corporation may permit any proceeding therein to be taken in his name by an attorney to be chosen by the party in interest.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2289. &nbsp;</span></p> <p><span class="cls0">&sect;21578. Inheritance, intercepting by fraudulent production of infant.&nbsp;</span></p> <p><span class="cls0">Any person who fraudulently produces an infant, falsely pretending it to have been born of any parent whose child would be entitled to inherit any real estate or to receive a share of any personal estate, with intent to intercept the inheritance of any such real estate, or the distribution of any such personal estate, from any person lawfully entitled thereto, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2290. Amended by Laws 1997, c. 133, &sect; 213, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 121, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 213 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21579. Substituting child.&nbsp;</span></p> <p><span class="cls0">Any person to whom an infant has been confided for nursing, education, or any other person, who, with intent to deceive any parent or guardian of such child, substitutes or produces to such parent or guardian another child in the place of the one so confided shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding seven (7) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2291. Amended by Laws 1997, c. 133, &sect; 214, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 122, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 214 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21580. Public officers Willful neglect of duty a misdemeanor.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2292. &nbsp;</span></p> <p><span class="cls0">&sect;21581. Willful omission of duty by public officers.&nbsp;</span></p> <p><span class="cls0">Where any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful omission to perform such duty where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2293. &nbsp;</span></p> <p><span class="cls0">&sect;21-582. Disclosing presentment or indictment.&nbsp;</span></p> <p><span class="cls0">In the event the presiding judge orders a presentment or an indictment be sealed until the defendant is arrested, every grand juror, district attorney, clerk, judge, or other officer, who, excepting by issuing or in executing a warrant to arrest the defendant, willfully discloses the content of a sealed presentment or indictment, until the defendant has been arrested, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2294. Amended by Laws 2012, c. 176, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21583. Disclosing proceedings of grand jury.&nbsp;</span></p> <p><span class="cls0">Every grand juror, district attorney, clerk, judge or other officer who, except when required by a court, willfully discloses any evidence adduced before the grand jury or anything which he himself or any member of the grand jury may have said, or in what manner any grand juror may have voted on a matter before him, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2295; Laws 1974, c. 24, &sect; 1, emerg. eff. April 8, 1974. &nbsp;</span></p> <p><span class="cls0">&sect;21584. Prosecuting suit or bringing action or procuring arrest in false name.&nbsp;</span></p> <p><span class="cls0">Every person who maliciously institutes or prosecutes any action or legal proceeding; or makes or procures any arrest, in the name of a person who does not exist, or has not consented that it be instituted or made, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2296. &nbsp;</span></p> <p><span class="cls0">&sect;21586. Communicating with a convict.&nbsp;</span></p> <p><span class="cls0">Every person who, not being authorized by law, or by a written permission from an inspector, or by the consent of the warden, communicates with any convict in the penitentiary, or brings into or conveys out of the penitentiary any letter or printing to or from any convict, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2298. &nbsp;</span></p> <p><span class="cls0">&sect;21587. False certificate by public officer.&nbsp;</span></p> <p><span class="cls0">Every public officer who, being authorized by law to make or give any certificate or other writing, knowingly makes and delivers as true any such certificate or writing containing any statement which he knows to be false, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2299. &nbsp;</span></p> <p><span class="cls0">&sect;21588. Recording of grand or petit jury proceedings Listening or observing Penalty.&nbsp;</span></p> <p><span class="cls0">If any person, firm or corporation shall knowingly and willfully, by means of any device whatsoever, records or attempts to record the proceedings of any grand or petit jury in any court of the State of Oklahoma while such jury is deliberating or voting or listens to or observes, or attempts to listen to or observe, the proceedings of any grand or petit jury of which he is not a member in any court of the State of Oklahoma while such jury is deliberating or voting shall be guilty of a felony and shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than two (2) years, or both. Provided, however, that nothing in this section shall be construed to prohibit the taking of notes by a grand juror in any court of the State of Oklahoma in connection with and solely for the purpose of assisting him in the performance of his duties as such juror.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 160, &sect; 1. Amended by Laws 1997, c. 133, &sect; 215, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 123, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 215 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-589. False reporting of crime - False reporting of missing child.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful to willfully, knowingly and without probable cause make a false report to any person of any crime or circumstances indicating the possibility of crime having been committed, including the unlawful taking of personal property, which report causes or encourages the exercise of police action or investigation. Any person convicted of violating the provisions of this subsection shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than ninety (90) days or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful to willfully, knowingly, and without probable cause communicate false information concerning a missing child to a law enforcement agency that causes or encourages the activation of an AMBER alert warning system. Any person convicted of violating the provisions of this subsection shall be guilty of a felony punishable by imprisonment in the county jail for not more than one (1) year or by a fine of not less than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 227, &sect; 1. Amended by Laws 2005, c. 109, &sect; 1, eff. Nov. 1, 2005; Laws 2007, c. 189, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21590. Maintenance of financial and business records Retention and disposal procedure Violations.&nbsp;</span></p> <p><span class="cls0">A. Every state governmental entity shall, for a period of two (2) years, maintain accurate and complete records, as defined in Section 203 of Title 67 of the Oklahoma Statutes, reflecting all financial and business transactions, which records shall include support documentation for each transaction. No such records shall be disposed of for three (3) years thereafter, except upon a unanimous vote of the members of the Archives and Records Commission pursuant to Section 306 of Title 67 of the Oklahoma Statutes, or upon a majority vote of the members of the Commission for records more than five (5) years old. The disposition of such records shall be in accordance with the provisions of Sections 305 through 317 of Title 67 of the Oklahoma Statutes, provided all state or federal audits have been completed, unless such audits request such records to be maintained for some given period of time.&nbsp;</span></p> <p><span class="cls0">B. Any person who willfully violates the provisions of this section shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a period of not more than three (3) years or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Any person convicted of any such violation who holds any elective or appointive public office shall also be subject to immediate removal from office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 194, &sect; 1, eff. Oct. 1, 1980. Amended by Laws 1985, c. 27, &sect; 1, eff. Nov. 1, 1985; Laws 1997, c. 133, &sect; 216, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 124, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 216 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-591. Definitions.&nbsp;</span></p> <p><span class="cls0">A. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. "Agent" means any person who acts for another at the request or with the knowledge of the other in dealing with third persons; and&nbsp;</span></p> <p><span class="cls0">2. "Runner", "capper", and "steerer" mean any person acting within this state for compensation as an agent for an attorney in the solicitation of employment for the attorney.&nbsp;</span></p> <p><span class="cls0">B. No attorney shall, by means of an agent, runner, capper, steerer, or other person who is not an attorney, solicit or procure a person to employ the attorney to present, compromise, or settle a claim under the workers' compensation laws of this state.&nbsp;</span></p> <p><span class="cls0">C. No attorney shall, directly or indirectly, pay or promise to pay any person, other than another attorney, any money, service, fee, commission, or other thing of value in consideration for the employment of the attorney to present, compromise, or settle a claim under the workers' compensation laws of this state.&nbsp;</span></p> <p><span class="cls0">D. No person shall act or agree to act as an agent, runner, capper, or steerer for an attorney.&nbsp;</span></p> <p><span class="cls0">E. Subsections B and C of this section shall not prohibit participation by an attorney in a voluntary attorney referral program including, but not limited to, referral programs operated by an association of attorneys. This subsection shall not authorize a referral program which is otherwise unauthorized under the Rules of Professional Conduct adopted by the Supreme Court.&nbsp;</span></p> <p><span class="cls0">F. Any contract for employment of an attorney secured in violation of this section shall be void and unenforceable and no attorney shall appear or otherwise provide services in an action in violation of this section.&nbsp;</span></p> <p><span class="cls0">G. Any person who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of up to Two Thousand Five Hundred Dollars ($2,500.00) for each offense, which shall not be subject to Section 101 of Title 85 of the Oklahoma Statutes. Penalties imposed pursuant to this section shall be in addition to any penalties which might be imposed by the Oklahoma Bar Association or similar organization of another state or by a court when punishing for contempt or when imposing sanctions against an attorney or party.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, 2nd Ex. Sess., c. 1, &sect; 47, emerg. eff. Nov. 4, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-592. Definitions.&nbsp;</span></p> <p><span class="cls0">A. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. "Agent" means any person who acts for another at the request or with the knowledge of the other in dealing with third persons;&nbsp;</span></p> <p><span class="cls0">2. "Medical care provider" means any person licensed in Oklahoma as a medical doctor, a chiropractor, a podiatrist, a dentist, an osteopathic physician or an optometrist or a hospital; and&nbsp;</span></p> <p><span class="cls0">3. "Runner", "capper", and "steerer" mean any person acting within this state for compensation as an agent for a medical care provider in the solicitation of a person to employ the medical care provider to provide medical services.&nbsp;</span></p> <p><span class="cls0">B. No medical care provider shall, by means of an agent, runner, capper, steerer, or other person who is not a medical care provider, solicit or procure a person to employ the medical care provider to provide medical services under the workers' compensation laws of this state.&nbsp;</span></p> <p><span class="cls0">C. No medical care provider shall, directly or indirectly, pay or promise to pay any person, other than another medical care provider, any money, service, fee, commission, or other thing of value in consideration for the employment of the medical care provider to provide medical services under the workers' compensation laws of this state.&nbsp;</span></p> <p><span class="cls0">D. No person shall act or agree to act as an agent, runner, capper, or steerer for a medical care provider.&nbsp;</span></p> <p><span class="cls0">E. Subsections B and C of this section shall not prohibit participation by a medical care provider in a voluntary medical care provider referral program including, but not limited to, referral programs operated by an association of medical care providers.&nbsp;</span></p> <p><span class="cls0">F. Any contract for employment of a medical care provider secured in violation of this section shall be void and unenforceable and no medical care provider shall provide medical services in violation of this section.&nbsp;</span></p> <p><span class="cls0">G. Any person who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of up to Two Thousand Five Hundred Dollars ($2,500.00) for each offense, which shall not be subject to Section 101 of Title 85 of the Oklahoma Statutes. Penalties imposed pursuant to this section shall be in addition to any penalties which might be imposed by the professional licensing organization for the medical care provider or similar organization of another state or by a court when punishing for contempt or when imposing sanctions against a medical care provider or party.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, 2nd Ex. Sess., c. 1, &sect; 48, emerg. eff. Nov. 4, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21641. Assault defined.&nbsp;</span></p> <p><span class="cls0">An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.&nbsp;</span></p> <p><span class="cls0">R.L. 1910 Sec. 2340.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21642. Battery defined.&nbsp;</span></p> <p><span class="cls0">A battery is any willful and unlawful use of force or violence upon the person of another.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2341. &nbsp;</span></p> <p><span class="cls0">&sect;21-643. Force against another not unlawful, when - Self-defense - Defense of property.&nbsp;</span></p> <p><span class="cls0">To use or to attempt to offer to use force or violence upon or toward the person of another is not unlawful in the following cases:&nbsp;</span></p> <p><span class="cls0">1. When necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting such officer or acting by such officer's direction;&nbsp;</span></p> <p><span class="cls0">2. When necessarily committed by any person in arresting one who has committed any felony, and delivering such person to a public officer competent to receive such person in custody;&nbsp;</span></p> <p><span class="cls0">3. When committed either by the person about to be injured, or by any other person in such person's aid or defense, in preventing or attempting to prevent an offense against such person, or any trespass or other unlawful interference with real or personal property in such person's lawful possession; provided the force or violence used is not more than sufficient to prevent such offense;&nbsp;</span></p> <p><span class="cls0">4. When committed by a parent or the authorized agent of any parent, or by any guardian, master or teacher, in the exercise of a lawful authority to restrain or correct such person's child, ward, apprentice or scholar, provided restraint or correction has been rendered necessary by the misconduct of such child, ward, apprentice or scholar, or by the child's refusal to obey the lawful command of such parent or authorized agent or guardian, master or teacher, and the force or violence used is reasonable in manner and moderate in degree;&nbsp;</span></p> <p><span class="cls0">5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them at their request, in expelling from any carriage, railroad car, vessel or other vehicle, any passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force and violence used is not more than is sufficient to expel the offending passenger, with a reasonable regard to such passenger's personal safety; and&nbsp;</span></p> <p><span class="cls0">6. When committed by any person in preventing a person who is impaired by reason of mental retardation or developmental disability as defined by Section 1430.2 of Title 10 of the Oklahoma Statutes, a mentally ill person, insane person or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to such person's self or to another, or enforcing such restraint as is necessary for the protection of the person or for restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of the person.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2342. Amended by Laws 1998, c. 246, &sect; 12, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-644. Assault - Assault and battery - Domestic abuse.&nbsp;</span></p> <p><span class="cls0">A. Assault shall be punishable by imprisonment in a county jail not exceeding thirty (30) days, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. Assault and battery shall be punishable by imprisonment in a county jail not exceeding ninety (90) days, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. Any person who commits any assault and battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant 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.&nbsp;</span></p> <p><span class="cls0">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 a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant 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.&nbsp;</span></p> <p><span class="cls0">2. Any person who, without such cause, shoots a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant, 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.&nbsp;</span></p> <p><span class="cls0">E. Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than one (1) year.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 domestic abuse, domestic assault or domestic assault and battery with a dangerous weapon, or domestic assault and battery with a deadly weapon, the court shall:&nbsp;</span></p> <p><span class="cls0">1. Specifically order as a condition of a suspended sentence or probation 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;&nbsp;</span></p> <p class="cls2"><span class="cls0">2.&nbsp;&nbsp;a.&nbsp;&nbsp;The court shall require the defendant to participate in counseling or undergo treatment for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program certified by the Attorney General. If the defendant is ordered to participate in a domestic abuse counseling or treatment 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 a program counselor or a private counselor. 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.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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;&nbsp;</span></p> <p class="cls2"><span class="cls0">3.&nbsp;&nbsp;a.&nbsp;&nbsp;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 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.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">7. If funding is available, a referee may be appointed and assigned by the presiding judge of the district court to hear designated cases set for review under this subsection. Reasonable compensation for the referees shall be fixed by the presiding judge. The referee shall meet the requirements and perform all duties in the same manner and procedure as set forth in Sections 7003-8.6 and 7303-7.5 of Title 10 of the Oklahoma Statutes pertaining to referees appointed in juvenile proceedings.&nbsp;</span></p> <p><span class="cls0">The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court.&nbsp;</span></p> <p><span class="cls0">H. As used in subsection G of this section, &ldquo;in the presence of a child&rdquo; 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, &ldquo;child&rdquo; may be any child whether or not related to the victim or the defendant.&nbsp;</span></p> <p><span class="cls0">I. For the purposes of subsections C and G of this section, any conviction for assault and battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or any person living in the same household as the defendant, shall constitute a sufficient basis for a felony charge:&nbsp;</span></p> <p><span class="cls0">1. If that conviction is rendered in any state, county or parish court of record of this or any other state; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">J. Any person who commits any assault and battery with intent to cause great bodily harm by strangulation or attempted strangulation against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant 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, 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. As used in this subsection, &ldquo;strangulation&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Attend a treatment program for domestic abusers certified by the Attorney General;&nbsp;</span></p> <p><span class="cls0">2. Attend counseling or treatment services ordered as part of any suspended or deferred sentence or probation; and&nbsp;</span></p> <p><span class="cls0">3. Attend, complete, and be evaluated before and after attendance by a treatment program for domestic abusers, certified by the Attorney General.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">O. For purposes of subsection F of this section, &ldquo;great bodily injury&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2343. Amended by Laws 1986, c. 143, &sect; 1, emerg. eff. April 21, 1986; Laws 1996, c. 197, &sect; 2, emerg. eff. May 20, 1996; Laws 1999, c. 309, &sect; 1, eff. Nov. 1, 1999; Laws 2000, c. 6, &sect; 31, emerg. eff. March 20, 2000; Laws 2004, c. 516, &sect; 1, eff. July 1, 2005; Laws 2005, c. 1, &sect; 12, eff. July 1, 2005; Laws 2005, c. 348, &sect; 9, eff. July 1, 2005; Laws 2006, c. 284, &sect; 1, emerg. eff. June 7, 2006; Laws 2008, c. 174, &sect; 1, eff. Nov. 1, 2008; Laws 2008, c. 318, &sect; 1, eff. Nov. 1, 2008; Laws 2009, c. 2, &sect; 1, emerg. eff. March 12, 2009; Laws 2009, c. 87, &sect; 1, eff. Nov. 1, 2009; Laws 2010,c. 113, &sect; 1; Laws 2010, c. 348, &sect; 1, eff. Nov. 1, 2010; Laws 2011, c. 385, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1997, c. 133, &sect; 217 repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999. Laws 1997, c. 368, &sect; 3 repealed by Laws 2000, c. 6, &sect; 34, emerg. eff. March 20, 2000. Laws 2004, c. 520, &sect; 1 repealed by Laws 2005, c. 1, &sect; 13, eff. July 1, 2005. Laws 2008, c. 403, &sect; 1 repealed by Laws 2009, c. 2, &sect; 2, emerg. eff. March 12, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 217 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-644.1. Domestic abuse with a prior pattern of physical abuse.&nbsp;</span></p> <p><span class="cls0">A. Any person who commits domestic abuse, as defined by subsection C of Section 644 of Title 21 of the Oklahoma Statutes, and has a prior pattern of physical abuse shall be guilty of a felony, upon conviction, punishable by imprisonment in the custody of the Department of Corrections for a term of not more than ten (10) years or by a fine not exceeding Five Thousand Dollars ($5,000.00) or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, &ldquo;prior pattern of physical abuse&rdquo; means three or more separate incidences, occurring on different days, where all incidences occurred within the previous six-month period, and each incident relates to an act constituting assault and battery or domestic abuse committed by the defendant against a current or former spouse, a present spouse of a former spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, a person living in the same household as the defendant, a current intimate partner or former intimate partner, or any combination of such persons, where proof is established by the sworn testimony of a third party who was a witness to the alleged physical abuse or by other admissible direct evidence that is independent of the testimony of the victim.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 457, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-645. Assault, battery, or assault and battery with dangerous weapon.&nbsp;</span></p> <p><span class="cls0">Every person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon, or who, without such cause, shoots at another, with any kind of firearm, air gun, conductive energy weapon or other means whatever, with intent to injure any person, although without the intent to kill such person or to commit any felony, upon conviction is guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2344. Amended by Laws 1957, p. 161, &sect; 1; Laws 1961, p. 229, &sect; 1; Laws 1982, c. 173, &sect; 1, emerg. eff. April 16, 1982; Laws 1997, c. 133, &sect; 218, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 125, eff. July 1, 1999; Laws 2006, c. 62, &sect; 1, emerg. eff. April 17, 2006.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 218 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-646. Aggravated assault and battery defined.&nbsp;</span></p> <p><span class="cls0">A. An assault and battery becomes aggravated when committed under any of the following circumstances:&nbsp;</span></p> <p><span class="cls0">1. When great bodily injury is inflicted upon the person assaulted; or&nbsp;</span></p> <p><span class="cls0">2. When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated, as defined in Section 641 of this title.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section &ldquo;great bodily injury&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1951, p. 59, &sect; 1. Amended by Laws 1957, p. 161, &sect; 2; Laws 1989, c. 197, &sect; 10, eff. Nov. 1, 1989; Laws 2002, c. 460, &sect; 6, eff. Nov. 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-647. Punishment for aggravated assault and battery.&nbsp;</span></p> <p><span class="cls0">Aggravated assault and battery shall be punished by imprisonment in the State Penitentiary not exceeding five (5) years, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not more than Five Hundred Dollars ($500.00), or both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1951, p. 59, &sect; 2. Amended by Laws 1957, p. 162, &sect; 3; Laws 2002, c. 460, &sect; 7, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-648. Definitions.&nbsp;</span></p> <p><span class="cls0">A. &ldquo;Police officer&rdquo;, &ldquo;police&rdquo; or &ldquo;peace officer&rdquo; means any duly appointed person who is charged with the responsibility of maintaining public order, safety, and health by the enforcement of all laws, ordinances or orders of this state or any of its political subdivisions and who is authorized to bear arms in execution of his responsibilities, including reserve force deputies, reserve municipal police officers, and tribal law enforcement officers who are commissioned pursuant to a cross-deputization agreement authorized by Section 1221 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. &ldquo;Police dog&rdquo; means any dog used by a law enforcement agency of this state, a political subdivision of this state or a tribal law enforcement officer who is commissioned pursuant to a cross-deputization agreement authorized by Section 1221 of Title 74 of the Oklahoma Statutes, which is especially trained for law enforcement work and is subject to the control of a dog handler.&nbsp;</span></p> <p><span class="cls0">C. &ldquo;Police horse&rdquo; means any horse which is used by a law enforcement agency of this state, a political subdivision of this state or a tribal law enforcement officer who is commissioned pursuant to a cross-deputization agreement authorized by Section 1221 of Title 74 of the Oklahoma Statutes for law enforcement work.&nbsp;</span></p> <p><span class="cls0">D. &ldquo;Dog handler&rdquo; means any police officer or peace officer who has successfully completed training in the handling of a police dog as established by the policy or standard of the law enforcement agency employing said officer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 221, &sect; 1, emerg. eff. June 16, 1965. Amended by Laws 1986, c. 54, &sect; 1, eff. July 1, 1986; Laws 1990, c. 75, &sect; 1, eff. Sept. 1, 1990; Laws 2001, c. 324, &sect; 3, eff. July 1, 2001; Laws 2004, c. 57, &sect; 1, emerg. eff. April 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21649. Assault, battery or assault and battery upon police officer or other peace officer Penalties.&nbsp;</span></p> <p><span class="cls0">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 said officer is in the performance of his 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.&nbsp;</span></p> <p><span class="cls0">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 said officer is in the performance of his duties, upon conviction, shall be guilty of a felony punishable by imprisonment of not more than five (5) years in a state correctional institution 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.&nbsp;</span></p> <p><span class="cls0">C. As used in this section and in Section 650 of this title, &ldquo;corrections personnel&rdquo; 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 vocationaltechnical 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 221, &sect; 2, emerg. eff. June 16, 1965. Amended by Laws 1989, c. 183, &sect; 1, eff. Nov. 1, 1989; Laws 1990, c. 58, &sect; 1, eff. Sept. 1, 1990; Laws 1997, c. 133, &sect; 219, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 126, eff. July 1, 1999; Laws 2001, c. 324, &sect; 4, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 219 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21649.1. Certain acts against police dog or police horse prohibited Penalties.&nbsp;</span></p> <p><span class="cls0">A. No person shall willfully torture, torment, beat, mutilate, injure, disable, or otherwise mistreat a police dog or police horse owned, or the service of which is employed, by a law enforcement agency of the state or political subdivision of the state.&nbsp;</span></p> <p><span class="cls0">B. No person shall willfully interfere with the lawful performance of any police dog or police horse.&nbsp;</span></p> <p><span class="cls0">C. Except as provided in subsection D of this section, any person convicted of violating any of the provisions of this section shall be guilty of a misdemeanor, punishable by the imposition of a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the county jail not exceeding one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">D. Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section, during the commission of a misdemeanor or felony, shall be guilty of a felony, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary not exceeding two (2) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 54, &sect; 2, eff. July 1, 1986. Amended by Laws 1990, c. 75, &sect; 2, eff. Sept. 1, 1990; Laws 1997, c. 133, &sect; 220, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 127, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 220 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21649.2. Killing police dog or police horse Penalties.&nbsp;</span></p> <p><span class="cls0">A. No person shall willfully kill any police dog or police horse owned, or the service of which is employed, by a law enforcement agency of the state or a political subdivision of the state.&nbsp;</span></p> <p><span class="cls0">B. Except as provided in subsection C of this section, any person convicted of violating the provisions of this section is guilty of a misdemeanor punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not exceeding one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section, during the commission of a misdemeanor or felony, shall be guilty of a felony, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary not exceeding two (2) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 54, &sect; 3, eff. July 1, 1986. Amended by Laws 1990, c. 75, &sect; 3, eff. Sept. 1, 1990; Laws 1997, c. 133, &sect; 221, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 128, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 221 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-649.3. Harming, mistreating or killing service animal &ndash; Willful interference with service animal&rsquo;s performance - Permitting animal to fight, injure or kill service animal &ndash; Penalties &ndash; Exemption from registration or license fees.&nbsp;</span></p> <p><span class="cls0">A. No person shall willfully harm, including torture, torment, beat, mutilate, injure, disable, or otherwise mistreat or kill a service animal that is used for the benefit of any handicapped person in the state.&nbsp;</span></p> <p><span class="cls0">B. No person including, but not limited to, any municipality or political subdivision of the state, shall willfully interfere with the lawful performance of any service animal used for the benefit of any handicapped person in the state.&nbsp;</span></p> <p><span class="cls0">C. Except as provided in subsection D of this section, any person convicted of violating any of the provisions of this section shall be guilty of a misdemeanor, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not exceeding one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">D. Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section, during the commission of a misdemeanor or felony, shall be guilty of a felony, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Department of Corrections not exceeding two (2) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">E. Any person who encourages, permits or allows an animal owned or kept by such person to fight, injure, disable or kill a service animal used for the benefit of any handicapped person in this state, or to interfere with a service animal in any place where the service animal resides or is performing, shall, upon conviction, be guilty of a misdemeanor punishable as provided in subsection C of this section. In addition to the penalty imposed, the court shall order the violator to make restitution to the owner of the service animal for actual costs and expenses incurred as a direct result of any injury, disability or death caused to the service animal, including but not limited to costs of replacing and training any new service animal when a service animal is killed, disabled or unable to perform due to injury. For purpose of this subsection, when a person informs the owner of an animal that the animal is a threat and requests the owner to control or contain the animal and the owner disregards the request, the owner shall be deemed to have encouraged, permitted or allowed any resulting injury to or interference with a service animal.&nbsp;</span></p> <p><span class="cls0">F. Notwithstanding any ordinance in effect as of the effective date of this act, no municipality or political subdivision of the state, or any official thereof, may enact or enforce any ordinance or rule that requires any registration or licensing fee for any service animal as defined in this section that is used for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment. Any official violating the provisions of this paragraph shall be guilty of a misdemeanor punishable by a fine of not less than Fifty Dollars ($50.00).&nbsp;</span></p> <p><span class="cls0">G. As used in this section, &ldquo;service animal&rdquo; means an animal that is trained for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 281, &sect; 1, emerg. eff. May 10, 2004. Amended by Laws 2005, c. 158, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-650. Aggravated assault and battery upon peace officer.&nbsp;</span></p> <p><span class="cls0">A. Every person who, without justifiable or excusable cause, knowingly commits any aggravated assault and battery upon the person of a police officer, sheriff, deputy sheriff or highway patrolman, corrections personnel as defined in Section 649 of this title, or any state peace officer employed by any state or federal governmental agency to enforce state laws, while said officer is in the performance of his or her duties shall upon conviction thereof be guilty of a felony, which shall be punishable by imprisonment in the custody of the Department of Corrections for not more than life or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. Every person who, without justifiable or excusable cause, commits any aggravated assault and battery upon a person that the violator knows or should reasonably know is a police officer, sheriff, deputy sheriff or highway patrolman, corrections personnel as defined in Section 649 of this title, or any state peace officer employed by any state or federal governmental agency to enforce state laws, that results in maiming as defined in Section 751 of this title, while said officer is in the performance of his or her duties shall upon conviction be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections of not less than five (5) years nor more than life or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. This section shall not supersede any other act or acts, but shall be cumulative thereto.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 95, &sect;&sect; 1, 2, emerg. eff. March 27, 1969. Amended by Laws 1989, c. 183, &sect; 2, eff. Nov. 1, 1989; Laws 1990, c. 58, &sect; 2, eff. Sept. 1, 1990; Laws 1997, c. 133, &sect; 222, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 129, eff. July 1, 1999; Laws 2011, c. 385, &sect; 3, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 222 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21650.1. Athletic contests Assault and battery upon referee, umpire, etc.&nbsp;</span></p> <p><span class="cls0">Every person who, without justifiable or excusable cause and with intent to do bodily harm, commits any assault, battery, assault and battery upon the person of a referee, umpire, timekeeper, coach, official, or any person having authority in connection with any amateur or professional athletic contest is guilty of a misdemeanor and is punishable by imprisonment in the county jail not exceeding one (1) year or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Amended by Laws 1984, c. 297, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;21-650.2. Assault or battery upon Corrections, Human Services or Juvenile Affairs employee or contractor.&nbsp;</span></p> <p><span class="cls0">A. Every person in the custody of the Oklahoma Department of Corrections who, without justifiable or excusable cause, knowingly commits any assault, battery or assault and battery upon the person of a Department of Corrections employee while said employee is in the performance of his or her duties shall, upon conviction thereof, be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">B. Every person incarcerated in an institution operated by a private prison contractor, pursuant to Section 561, 563.1 or 563.2 of Title 57 of the Oklahoma Statutes, who, without justifiable or excusable cause, knowingly commits any assault, battery or assault and battery upon the person of an employee of the contractor while said employee is in the performance of duties shall, upon conviction thereof, be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">C. Every person in the custody of the Department of Human Services who, without justifiable or excusable cause, knowingly commits any aggravated assault and battery upon the person of a Department of Human Services employee, or a person contracting with the Department to provide services, while the employee or contractor is in the performance of his or her duties shall, upon conviction thereof, be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">D. Every person in the custody of the Office of Juvenile Affairs who, without justifiable or excusable cause, knowingly commits any assault, battery or assault and battery upon the person of an Office of Juvenile Affairs employee while said employee is in the performance of his or her duties shall, upon conviction thereof, be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">E. Every person in the custody of the Office of Juvenile Affairs who, without justifiable or excusable cause, knowingly commits any battery or assault and battery resulting in bodily injury to any employee of the Office of Juvenile Affairs or employee of any residential facility while said employee is in the performance of duties of employment shall, upon conviction thereof, be guilty of a felony. The fine for a violation of this subsection shall not be less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), which may be imposed whether or not a period of incarceration is imposed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 75, &sect; 1, eff. Nov. 1, 1985. Amended by Laws 1993, c. 326, &sect; 2, emerg. eff. June 7, 1993; Laws 1996, c. 247, &sect; 27, eff. July 1, 1996; Laws 1997, c. 133, &sect; 223, eff. July 1, 1999; Laws 1997, c. 293, &sect; 36, eff. July 1, 1999; Laws 1999, c. 99, &sect; 1, eff. Nov. 1, 1999; Laws 1999, c. 166, &sect; 1, emerg. eff. May 21, 1999; Laws 2008, c. 121, &sect; 2, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1997, c. 333, &sect; 4 repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999, but was subsequently amended by Laws 1999, c. 99, &sect; 1. Laws 1997, c. 333, &sect; 3 repealed by Laws 2000, c. 6, &sect; 34, emerg. eff. March 20, 2000.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 223 from July 1, 1998, to July 1, 1999. Laws 1998, 1st Ex.Sess., c. 2, &sect; 24 amended the effective date of Laws 1997, c. 293, &sect; 36 from July 1, 1998, to July 1, 1999. Laws 1998, 1st Ex.Sess., c. 2, &sect; 25 amended the effective date of Laws 1997, c. 333, &sect; 4 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-650.3. Delaying, obstructing or interfering with emergency medical technician or other emergency medical care provider - Punishment.&nbsp;</span></p> <p><span class="cls0">Every person who willfully delays, obstructs or in any way interferes with an emergency medical technician or other emergency medical care provider in the performance of or attempt to perform emergency medical care and treatment or in going to or returning from the scene of a medical emergency, upon conviction, is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 320, &sect; 1, emerg. eff. May 30, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-650.4. Assault and battery upon emergency medical care providers.&nbsp;</span></p> <p><span class="cls0">A. Every person who, without justifiable or excusable cause and with intent to do bodily harm, commits any assault, battery or assault and battery upon the person of an emergency medical care provider who is performing medical care duties, upon conviction, is guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding two (2) years, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. As used in this section, &ldquo;emergency medical care provider&rdquo; means doctors, residents, interns, nurses, nurses&rsquo; aides, ambulance attendants and operators, paramedics, emergency medical technicians, and members of a hospital security force.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 320, &sect; 2, emerg. eff. May 30, 1990. Amended by Laws 2000, c. 143, &sect; 1, eff. Nov. 1, 2000; Laws 2009, c. 337, &sect; 1, emerg. eff. May 27, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-650.5. Aggravated assault and battery or assault with firearm or other dangerous weapon upon emergency medical technician or other emergency medical care provider - Penalty.&nbsp;</span></p> <p><span class="cls0">Every person who, without justifiable or excusable cause and with intent to do bodily harm, commits any aggravated assault and battery or any assault with a firearm or other deadly weapon upon the person of an emergency medical technician or other emergency medical care provider, upon conviction, is guilty of a felony punishable by imprisonment in a state correctional institution for 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 320, &sect; 3, emerg. eff. May 30, 1990. Amended by Laws 1997, c. 133, &sect; 224, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 130, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 224 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-650.6. Assault or battery or assault and battery upon officer of state district or appellate court, Workers' Compensation Court, witness or juror - Penalty.&nbsp;</span></p> <p><span class="cls0">A. Every person who commits any assault upon any officer of a state district or appellate court, or the Workers' Compensation Court, including but not limited to judges, bailiffs, court reporters, court clerks or deputy court clerks, or upon any witnesses or juror, because of said person's service in such capacity or within six (6) months of said person's service in such capacity, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year, by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.&nbsp;</span></p> <p><span class="cls0">B. Every person who commits any battery or assault and battery upon any officer of a state district or appellate court, or the Workers' Compensation Court, including but not limited to judges, bailiffs, court reporters, court clerks or deputy court clerks, or upon any witnesses or juror, because of said person's service in such capacity or within six (6) months of said person's service in such capacity, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years, by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 326, &sect; 1, emerg. eff. June 7, 1993. Amended by Laws 1997, c. 133, &sect; 225, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 131, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 225 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-650.7. Assault, battery, or assault and battery upon school employee or student &ndash; Notice - Definition.&nbsp;</span></p> <p><span class="cls0">A. As used in this section, &ldquo;school employee" means a teacher, principal, or any duly appointed person employed by a school system or employees of a firm contracting with a school system for any purpose, including any personnel not directly related to the teaching process and school board members during school board meetings.&nbsp;</span></p> <p><span class="cls0">B. Any person who, without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of a school employee while such employee is in the performance of any duties as a school employee or upon any student while such student is participating in any school activity or attending classes on school property during school hours shall, upon conviction, be guilty of a misdemeanor. The convicted person shall be punished by a term of imprisonment in the county jail for a period not exceeding one (1) year, or by a fine not exceeding Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. Any person who, without justifiable or excusable cause, commits any aggravated battery or aggravated assault and battery upon the person of a school employee while such employee is in the performance of any duties as a school employee shall, upon conviction, be guilty of a felony punishable by a term of imprisonment in the State Penitentiary for a period not exceeding two (2) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">D. Every school site shall post in a prominent place a notice having the following or similar language: &ldquo;FELONY CHARGES MAY BE FILED AGAINST ANY PERSON(S) COMMITTING AN AGGRAVATED ASSAULT OR BATTERY UPON ANY SCHOOL EMPLOYEE.&rdquo;&nbsp;</span></p> <p><span class="cls0">E. For purposes of this section, &ldquo;assault&rdquo; shall be defined by Section 641 of Title 21 of the Oklahoma Statutes, &ldquo;battery&rdquo; shall be defined by Section 642 of Title 21 of the Oklahoma Statutes, and &ldquo;aggravated assault and battery&rdquo; shall be defined by Section 646 of Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 6113, eff. July 2, 1971. Amended by Laws 1978, c. 31, &sect; 1, eff. Oct. 1, 1978; Laws 1980, c. 78, &sect; 1, eff. Oct. 1, 1980; Laws 1995, c. 241, &sect; 1, eff. July 1, 1995. Renumbered from &sect; 6-113 of Title 70 by Laws 1995, c. 241, &sect; 3, eff. July 1, 1995. Amended by Laws 2001, c. 380, &sect; 1, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-650.8. Felony assault, battery or assault and battery upon employee of facility for delinquent children, juvenile detention center or juvenile bureau.&nbsp;</span></p> <p><span class="cls0">A. Every person who, without justifiable or excusable cause, knowingly commits any assault, battery or assault and battery upon the person of an employee of a facility maintained by the Office of Juvenile Affairs, a facility maintained by a private contractor pursuant to a contract with the Office of Juvenile Affairs primarily for delinquent children, a juvenile detention center, or a juvenile bureau, while the employee is in the performance of his duties, shall upon conviction thereof be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">B. This section shall not supersede any other act or acts, but shall be cumulative thereto.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 276, &sect; 1, emerg. eff. May 30, 1984. Renumbered from &sect; 1149 of Title 10 by Laws 1995, c. 352, &sect; 200, eff. July 1, 1995. Amended by Laws 1996, c. 247, &sect; 28, eff. July 1, 1996; Laws 1997, c. 133, &sect; 226, eff. July 1, 1999; Laws 1999, c. 99, &sect; 2, eff. Nov. 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1997, c. 293, &sect; 38 repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999, but was subsequently amended by Laws 1999, c. 99, &sect; 2. Laws 1997, c. 293, &sect; 37 repealed by Laws 2000, c. 6, &sect; 34, emerg. eff. March 20, 2000.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 226 from July 1, 1998, to July 1, 1999. Laws 1998, 1st Ex.Sess., c. 2, &sect; 24 amended the effective date of Laws 1997, c. 293, &sect; 38 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-650.9. Persons in custody - Placing body wastes or fluids upon government employee or contractor.&nbsp;</span></p> <p><span class="cls0">Every person in the custody of the state, a county or city or a contractor of the state, a county or a city who throws, transfers or in any manner places feces, urine, semen, saliva or blood upon the person of an employee of the state, a county or a city or an employee of a contractor of the state, a county or a city shall, upon conviction thereof, be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 199, &sect; 1, eff. Nov. 1, 1996. Amended by Laws 1997, c. 133, &sect; 227, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 227 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-650.10. Touching assistive device with intent to harass &ndash; Penalties.&nbsp;</span></p> <p><span class="cls0">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 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.&nbsp;</span></p> <p><span class="cls0">As used in this section, &ldquo;assistive device&rdquo; means any device that enables a person with a disability to communicate, see, hear, or maneuver.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 83, &sect; 1, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-650.11. Medical battery &ndash; Penalties - Definition.&nbsp;</span></p> <p><span class="cls0">A. Medical battery is a felony, upon conviction, punishable by imprisonment in the county jail for a term of not more than one (1) year, or imprisonment in the custody of the Department of Corrections for a term of not more than four (4) years, and a fine in an amount not more than Five Thousand Dollars ($5,000.00). In addition, the defendant shall be ordered to make restitution to the victim in an amount as determined by the court.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, &ldquo;medical battery&rdquo; means:&nbsp;</span></p> <p><span class="cls0">1. The defendant has been found guilty of practicing dentistry, medicine, osteopathic medicine, or surgery, without a license or authority as prohibited by the provisions of the State Dental Act, the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, or the Oklahoma Osteopathic Medicine Act;&nbsp;</span></p> <p><span class="cls0">2. The treatment, or course of treatment, practiced in violation of the provisions of the State Dental Act, the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, or the Osteopathic Medicine Act resulted in the victim having permanent physical injury or disfigurement;&nbsp;</span></p> <p><span class="cls0">3. The victim consented to such treatment, or course of treatment, under a belief that the defendant was licensed and authorized to diagnose and perform the treatment; and&nbsp;</span></p> <p><span class="cls0">4. The defendant willfully performed the act knowing that such act was prohibited pursuant to law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 358, &sect; 6, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21651. Poison, attempt to kill by administering.&nbsp;</span></p> <p><span class="cls0">Any person who, with intent to kill, administers or causes or procures to be administered to another any poison which is actually taken by such other person but by which death is not caused shall be guilty of a felony, punishable by imprisonment in the State Penitentiary not less than ten (10) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2335. Amended by Laws 1997, c. 133, &sect; 228, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 132, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 228 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-652. Shooting or discharging firearm with intent to kill - Use of vehicle to facilitate discharge of weapon in conscious disregard of safety of others - Assault and battery with deadly weapon, etc.&nbsp;</span></p> <p><span class="cls0">A. Every person who intentionally and wrongfully shoots another with or discharges any kind of firearm, with intent to kill any person, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life.&nbsp;</span></p> <p><span class="cls0">B. Every person who uses any vehicle to facilitate the intentional discharge of any kind of firearm, crossbow or other weapon in conscious disregard for the safety of any other person or persons, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, shall upon conviction be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than two (2) years nor exceeding life.&nbsp;</span></p> <p><span class="cls0">C. Any person who commits any assault and battery upon another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, by means of any deadly weapon, or by such other means or force as is likely to produce death, or in any manner attempts to kill another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, or in resisting the execution of any legal process, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life.&nbsp;</span></p> <p><span class="cls0">D. The provisions of this section shall not apply to:&nbsp;</span></p> <p><span class="cls0">1. Acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented; or&nbsp;</span></p> <p><span class="cls0">2. Acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.&nbsp;</span></p> <p><span class="cls0">E. Under no circumstances shall the mother of the unborn child be prosecuted for causing the death of the unborn child unless the mother has committed a crime that caused the death of the unborn child.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2336. Amended by Laws 1955, p. 186, &sect; 1; Laws 1977, c. 42, &sect; 1, eff. May 11, 1977; Laws 1987, c. 58, &sect; 1, emerg. eff. April 30, 1987; Laws 1992, c. 192, &sect; 1, emerg. eff. May 11, 1992; Laws 1997, c. 133, &sect; 229, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 133, eff. July 1, 1999; Laws 2005, c. 200, &sect; 2, emerg. eff. May 20, 2005; Laws 2007, c. 358, &sect; 2, eff. July 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 229 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21653. Punishment for other assaults with intent to kill.&nbsp;</span></p> <p><span class="cls0">Any person who is guilty of an assault with intent to kill any person, the punishment for which is not prescribed by Section 652 of this title, shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2337. Amended by Laws 1997, c. 133, &sect; 230, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 134, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 230 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21661. Duel defined.&nbsp;</span></p> <p><span class="cls0">A duel is any combat with deadly weapons fought between two persons by agreement.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2354. &nbsp;</span></p> <p><span class="cls0">&sect;21662. Dueling a felony.&nbsp;</span></p> <p><span class="cls0">Any person guilty of fighting any duel, although no death or wound ensues, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2355. Amended by Laws 1997, c. 133, &sect; 231, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 135, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 231 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-681. Assaults with intent to commit felony.&nbsp;</span></p> <p><span class="cls0">A. Any person who is guilty of an assault with intent to commit any felony, except an assault with intent to kill, the punishment for which assault is not otherwise prescribed in this code, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of subsection A of this section and the offense involved sexual assault, shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2338. Amended by Laws 1997, c. 133, &sect; 232, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 136, eff. July 1, 1999; Laws 2007, c. 261, &sect; 3, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 232 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-684. Performance of partial-birth abortion.&nbsp;</span></p> <p><span class="cls0">A. Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined Ten Thousand Dollars ($10,000.00), or imprisoned in the State Penitentiary for a period of not more than two (2) years, or by both such fine and imprisonment. This subsection shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness or injury.&nbsp;</span></p> <p><span class="cls0">B. Definitions. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.&nbsp;</span></p> <p><span class="cls0">2. "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state, or any other individual legally authorized by the state to perform abortions; provided, however, that any individual who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section.&nbsp;</span></p> <p><span class="cls0">3. "Vaginally delivers a living fetus before killing the fetus" means deliberately and intentionally delivers into the vagina a living fetus or a substantial portion thereof, for the purpose of performing a procedure the physician knows will kill the fetus, and kills the fetus.&nbsp;</span></p> <p><span class="cls0">C. Civil Action:&nbsp;</span></p> <p><span class="cls0">1. The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of eighteen (18) years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.&nbsp;</span></p> <p><span class="cls0">2. Such relief shall include money damages for all injuries, psychological and physical, occasioned by the violation of this section, and statutory damages equal to three times the cost of the partial-birth abortion.&nbsp;</span></p> <p><span class="cls0">D. Review by State Board of Medical Licensure and Supervision:&nbsp;</span></p> <p><span class="cls0">1. A defendant accused of an offense under this section may seek a hearing before the State Board of Medical Licensure and Supervision on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness or injury.&nbsp;</span></p> <p><span class="cls0">2. The findings on that issue are admissible at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than thirty (30) days to permit such a hearing to take place.&nbsp;</span></p> <p><span class="cls0">E. A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section or for a conspiracy to violate this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 122, &sect; 1, emerg. eff. April 15, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-691. Homicide defined.&nbsp;</span></p> <p><span class="cls0">A. Homicide is the killing of one human being by another.&nbsp;</span></p> <p><span class="cls0">B. As used in this section, &ldquo;human being&rdquo; includes an unborn child, as defined in Section 1-730 of Title 63 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. Homicide shall not include:&nbsp;</span></p> <p><span class="cls0">1. Acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented; or&nbsp;</span></p> <p><span class="cls0">2. Acts which are committed pursuant to the usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.&nbsp;</span></p> <p><span class="cls0">D. Under no circumstances shall the mother of the unborn child be prosecuted for causing the death of the unborn child unless the mother has committed a crime that caused the death of the unborn child.&nbsp;</span></p> <p><span class="cls0">R.L. 1910 Sec. 2308. Amended by Laws 2006, c. 185, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21692. Homicide classified.&nbsp;</span></p> <p><span class="cls0">Homicide is either:&nbsp;</span></p> <p><span class="cls0">1. Murder;&nbsp;</span></p> <p><span class="cls0">2. Manslaughter;&nbsp;</span></p> <p><span class="cls0">3. Excusable homicide; or,&nbsp;</span></p> <p><span class="cls0">4. Justifiable homicide.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2309. &nbsp;</span></p> <p><span class="cls0">&sect;21693. Proof necessary to conviction of murder or manslaughter.&nbsp;</span></p> <p><span class="cls0">No person can be convicted of murder or manslaughter, or of aiding suicide, unless the death of the person alleged to have been killed and the fact of the killing by the accused are each established as independent facts beyond a reasonable doubt.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L. 1910, &sect; 2310. &nbsp;</span></p> <p><span class="cls0">&sect;21694. Certain common law rules abolished.&nbsp;</span></p> <p><span class="cls0">A. The rules of the common law distinguishing the killing of a master by his servant and of a husband by his wife as petit treason are abolished and these offenses are deemed homicides, punishable in the manner prescribed by Section 691 et seq. of this title.&nbsp;</span></p> <p><span class="cls0">B. The rule of the common law providing that a death occurring after a year and a day from the date of a criminal corporal injury is irrebuttably presumed not to be the result of that injury is abolished.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2311; Laws 1994, c. 65, &sect; 1, emerg. eff. April 15, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21695. Confidential or domestic relation may be considered.&nbsp;</span></p> <p><span class="cls0">Whenever the grade or punishment of homicide is made to depend upon its having been committed under circumstances evincing a depraved mind or unusual cruelty, or in a cruel manner, the jury may take into consideration the fact that any domestic or confidential relation existed between the accused and the person killed, in determining the moral quality of the acts proved.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2312. &nbsp;</span></p> <p><span class="cls0">&sect;21-701.7. Murder in the first degree.&nbsp;</span></p> <p><span class="cls0">A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.&nbsp;</span></p> <p><span class="cls0">B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.&nbsp;</span></p> <p><span class="cls0">1. Except as provided in paragraph 3 of this subsection, the term "synthetic controlled substance" means a substance:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.&nbsp;</span></p> <p><span class="cls0">2. The designation of gamma butyrolactone does not preclude a finding pursuant to paragraph 1 of this subsection that the chemical is a synthetic controlled substance.&nbsp;</span></p> <p><span class="cls0">3. Such term does not include:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a controlled substance,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any substance for which there is an approved new drug application,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.&nbsp;</span></p> <p><span class="cls0">C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 843.5 of this title. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.&nbsp;</span></p> <p><span class="cls0">D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.&nbsp;</span></p> <p><span class="cls0">E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer, correctional officer, or corrections employee while the officer or employee is in the performance of official duties.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, 1st Ex.Sess., c. 1, &sect; 1, eff. July 24, 1976. Amended by Laws 1982, c. 279, &sect; 1, operative Oct. 1, 1982; Laws 1989, c. 259, &sect; 1, emerg. eff. May 19, 1989; Laws 1996, c. 161, &sect; 1, eff. Nov. 1, 1996; Laws 1997, c. 386, &sect; 23, emerg. eff. June 10, 1997; Laws 1998, c. 5, &sect; 11, emerg. eff. March 4, 1998; Laws 2004, c. 520, &sect; 2, eff. Nov. 1, 2004; Laws 2006, c. 186, &sect; 2, eff. July 1, 2006; Laws 2009, c. 234, &sect; 120, emerg. eff. May 21, 2009; Laws 2012, c. 128, &sect; 1, eff. Nov. 1, 2012; Laws 2012, c. 208, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1989, c. 253, &sect; 1 repealed by Laws 1989, c. 353, &sect; 14, emerg. eff. June 3, 1989. Laws 1997, c. 324, &sect; 1 repealed by Laws 1998, c. 5, &sect; 29, emerg. eff. March 4, 1998.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-701.8. Murder in the second degree.&nbsp;</span></p> <p><span class="cls0">Homicide is murder in the second degree in the following cases:&nbsp;</span></p> <p><span class="cls0">1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual; or&nbsp;</span></p> <p><span class="cls0">2. When perpetrated by a person engaged in the commission of any felony other than the unlawful acts set out in Section 1, subsection B, of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, 1st Ex.Sess., c. 1, &sect; 2, eff. July 24, 1976.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-701.9. Punishment for murder.&nbsp;</span></p> <p><span class="cls0">A. A person who is convicted of or pleads guilty or nolo contendere to murder in the first degree shall be punished by death, by imprisonment for life without parole or by imprisonment for life. A person who is convicted of or pleads guilty or nolo contendere to murder in the first degree, as described in subsection E of Section 701.7 of this title, shall not be entitled to or afforded the benefit of deferment of the sentence.&nbsp;</span></p> <p><span class="cls0">B. A person who is convicted of or pleads guilty or nolo contendere to murder in the second degree shall be guilty of a felony punishable by imprisonment in a state penal institution for not less than ten (10) years nor more than life.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, 1st Ex.Sess., c. 1, &sect; 3, eff. July 24, 1976. Amended by Laws 1987, c. 96, &sect; 1, eff. Nov. 1, 1987; Laws 1997, c. 133, &sect; 233, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 137, eff. July 1, 1999; Laws 2004, c. 520, &sect; 3, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 233 from July 1, 1998 to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21701.10. Sentencing Murder in the first degree.&nbsp;</span></p> <p><span class="cls0">A. Upon conviction or adjudication of guilt of a defendant of murder in the first degree, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death, life imprisonment without parole or life imprisonment. The proceeding shall be conducted by the trial judge before the same trial jury as soon as practicable without presentence investigation.&nbsp;</span></p> <p><span class="cls0">B. If the trial jury has been waived by the defendant and the state, or if the defendant pleaded guilty or nolo contendere, the sentencing proceeding shall be conducted before the court.&nbsp;</span></p> <p><span class="cls0">C. In the sentencing proceeding, evidence may be presented as to any mitigating circumstances or as to any of the aggravating circumstances enumerated in Section 701.7 et seq. of this title. Only such evidence in aggravation as the state has made known to the defendant prior to his trial shall be admissible. In addition, the state may introduce evidence about the victim and about the impact of the murder on the family of the victim.&nbsp;</span></p> <p><span class="cls0">D. This section shall not be construed to authorize the introduction of any evidence secured in violation of the Constitutions of the United States or of the State of Oklahoma. The state and the defendant or his counsel shall be permitted to present argument for or against sentence of death.&nbsp;</span></p> <p><span class="cls0">Laws 1976, 1st Ex.Sess., c. 1, &sect; 4, eff. July 24, 1976; Laws 1987, c. 96, &sect; 2, eff. Nov. 1, 1987; Laws 1989, c. 365, &sect; 1, emerg. eff. June 3, 1989; Laws 1992, c. 67, &sect; 1, emerg. eff. April 13, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21701.10a. Sentencing proceeding on remand Murder in the first degree Admissibility of evidence.&nbsp;</span></p> <p><span class="cls0">Notwithstanding subsection A of Section 701.10 of this title, which requires that the same jury sit in the sentencing phase of a capital murder trial, the following shall apply:&nbsp;</span></p> <p><span class="cls0">1. Upon any appeal by the defendant where the sentence is of death, the appellate court, if it finds prejudicial error in the sentencing proceeding only, may set aside the sentence of death and remand the case to the trial court in the jurisdiction in which the defendant was originally sentenced. No error in the sentencing proceeding shall result in the reversal of the conviction for a capital felony. When a capital case is remanded after vacation of a death sentence, the prosecutor may:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;move the trial court to impose any sentence authorized by law at the time of the commission of the crime, which the trial court shall impose after a nonjury sentencing proceeding, provided, the original sentencing proceeding was conducted before the court or the original sentencing proceeding was conducted before a jury and both the defendant and the state waive jury sentencing after remand; or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;move the trial court to impanel a new sentencing jury who shall determine the sentence of the defendant, which may be any sentence authorized by law at the time of the commission of the crime, provided, the original sentencing proceeding was conducted before a jury;&nbsp;</span></p> <p><span class="cls0">2. If the prosecutor elects to utilize the procedure provided in paragraph b of subsection 1 of this section, the trial court shall impanel a new jury for the purpose of conducting new sentencing proceedings;&nbsp;</span></p> <p><span class="cls0">3. Resentencing proceedings shall be governed by the provisions of Sections 701.10, 701.11 and 701.12 of this title;&nbsp;</span></p> <p><span class="cls0">4. All exhibits and a transcript of all testimony and other evidence properly admitted in the prior trial and sentencing shall be admissible in the new sentencing proceeding; additional relevant evidence may be admitted including testimony of witnesses who testified at the previous trial;&nbsp;</span></p> <p><span class="cls0">5. The provisions of this section are procedural and shall apply retroactively to any defendant sentenced to death;&nbsp;</span></p> <p><span class="cls0">6. This section shall not be construed to amend the provisions of Section 701.10 of this title, requiring the same jury to sit in both the guilt and sentencing phases of the original trial.&nbsp;</span></p> <p><span class="cls0">Laws 1989, c. 365, &sect; 3, emerg. eff. June 3, 1989; Laws 1993, c. 325, &sect; 12, emerg. eff. June 7, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-701.10b. Death sentence prohibited for defendants who were mentally retarded prior to age 18 - Sentencing proceedings.&nbsp;</span></p> <p><span class="cls0">A. For purposes of this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Mental retardation&rdquo; or &ldquo;mentally retarded&rdquo; means significantly subaverage general intellectual functioning, existing concurrently with significant limitations in adaptive functioning;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Significant limitations in adaptive functioning&rdquo; means significant limitations in two or more of the following adaptive skill areas; communication, self-care, home living, social skills, community use, self-direction, health, safety, functional academics, leisure skills and work skills; and&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Significantly subaverage general intellectual functioning&rdquo; means an intelligence quotient of seventy (70) or below.&nbsp;</span></p> <p><span class="cls0">B. Regardless of any provision of law to the contrary, no defendant who is mentally retarded shall be sentenced to death; provided, however, the onset of the mental retardation must have been manifested before the defendant attained the age of eighteen (18) years.&nbsp;</span></p> <p><span class="cls0">C. The defendant has the burden of production and persuasion to demonstrate mental retardation by showing significantly subaverage general intellectual functioning, significant limitations in adaptive functioning, and that the onset of the mental retardation was manifested before the age of eighteen (18) years. An intelligence quotient of seventy (70) or below on an individually administered, scientifically recognized standardized intelligence quotient test administered by a licensed psychiatrist or psychologist is evidence of significantly subaverage general intellectual functioning; however, it is not sufficient without evidence of significant limitations in adaptive functioning and without evidence of manifestation before the age of eighteen (18) years. In determining the intelligence quotient, the standard measurement of error for the test administrated shall be taken into account.&nbsp;</span></p> <p><span class="cls0">However, in no event shall a defendant who has received an intelligence quotient of seventy-six (76) or above on any individually administered, scientifically recognized, standardized intelligence quotient test administered by a licensed psychiatrist or psychologist, be considered mentally retarded and, thus, shall not be subject to any proceedings under this section.&nbsp;</span></p> <p><span class="cls0">D. A defendant charged with capital murder who intends to raise mental retardation as a bar to the death sentence shall provide to the state notice of such intention at least ninety (90) days after formal arraignment or within ninety (90) days after the filing of a bill of particulars, whichever is later. The notice shall include a brief but detailed statement specifying the witnesses, nature and type of evidence sought to be introduced. The notice must demonstrate sufficient facts that demonstrate a good-faith belief as to the mental retardation of the defendant.&nbsp;</span></p> <p><span class="cls0">E. The district court shall conduct an evidentiary hearing to determine whether the defendant is mentally retarded. If the court determines, by clear and convincing evidence, that the defendant is mentally retarded, the defendant, if convicted, shall be sentenced to life imprisonment or life without parole. If the district court determines that the defendant is not mentally retarded, the capital trial of the offense may proceed. A request for a hearing under this section shall not waive entitlement by the defendant to submit the issue of mental retardation to a jury during the sentencing phase in a capital trial if convicted of an offense punishable by death. The court&rsquo;s determination on the issue of mental retardation shall not be the subject of an interlocutory appeal.&nbsp;</span></p> <p><span class="cls0">F. The court shall submit a special issue to the jury as to whether the defendant is mentally retarded. This special issue shall be considered and answered by the jury during the sentencing stage and prior to the determination of sentence. If the jury unanimously determines that the defendant is mentally retarded, the defendant may only be sentenced to life imprisonment or life without parole. The defendant has the burden of production and persuasion to demonstrate mental retardation to the jury by a preponderance of the evidence.&nbsp;</span></p> <p><span class="cls0">G. If the jury determines that the defendant is not mentally retarded or is unable to reach a unanimous decision, the jury shall proceed to determine the existence of aggravating and mitigating factors in determining whether the sentence of death shall be imposed. In those deliberations, the jury may consider any evidence of mental retardation as a mitigating factor in sentencing the defendant.&nbsp;</span></p> <p><span class="cls0">H. If the jury determines that the defendant is not mentally retarded and imposes a death sentence, the trial court shall make findings of fact and conclusions of law relating to the issue of whether the determination on the issue of mental retardation was made under the influence of passion, prejudice, or any other arbitrary factor. The findings shall be attached as an exhibit to the report of the trial judge required under Section 701.13 of Title 21 of the Oklahoma Statutes. If the trial court finds that the determination of mental retardation was not supported by the evidence, the issue may be raised on appeal to the Oklahoma Court of Criminal Appeals for consideration as part of its mandatory sentence review.&nbsp;</span></p> <p><span class="cls0">I. The standard of review for a trier of fact mental retardation determination shall be whether, after reviewing the evidence in the light most favorable to the state, any rational trier of fact could have found the defendant not mentally retarded as defined by this section, giving full deference to the findings of the trier of fact.&nbsp;</span></p> <p><span class="cls0">J. The court shall give appropriate instructions in those cases in which evidence of the mental retardation of the defendant requires the consideration by the jury of the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 290, &sect; 1, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21701.11. Instructions Jury findings of aggravating circumstance.&nbsp;</span></p> <p><span class="cls0">In the sentencing proceeding, the statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in the charge and in writing to the jury for its deliberation. The jury, if its verdict be a unanimous recommendation of death, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstance or circumstances which it unanimously found beyond a reasonable doubt. In nonjury cases the judge shall make such designation. Unless at least one of the statutory aggravating circumstances enumerated in this act is so found or if it is found that any such aggravating circumstance is outweighed by the finding of one or more mitigating circumstances, the death penalty shall not be imposed. If the jury cannot, within a reasonable time, agree as to punishment, the judge shall dismiss the jury and impose a sentence of imprisonment for life without parole or imprisonment for life.&nbsp;</span></p> <p class="cls1"><span class="cls0">Amended by Laws 1987, c. 96, &sect; 3, eff. Nov. 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;21701.11a. Clemency not affected.&nbsp;</span></p> <p><span class="cls0">Nothing in this act shall be construed to impair or abrogate the use of clemency by way of commutation or pardon.&nbsp;</span></p> <p class="cls1"><span class="cls0">Amended by Laws 1987, c. 96, &sect; 3, eff. Nov. 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;21-701.12. Aggravating circumstances.&nbsp;</span></p> <p><span class="cls0">Aggravating circumstances shall be:&nbsp;</span></p> <p><span class="cls0">1. The defendant was previously convicted of a felony involving the use or threat of violence to the person;&nbsp;</span></p> <p><span class="cls0">2. The defendant knowingly created a great risk of death to more than one person;&nbsp;</span></p> <p><span class="cls0">3. The person committed the murder for remuneration or the promise of remuneration or employed another to commit the murder for remuneration or the promise of remuneration;&nbsp;</span></p> <p><span class="cls0">4. The murder was especially heinous, atrocious, or cruel;&nbsp;</span></p> <p><span class="cls0">5. The murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution;&nbsp;</span></p> <p><span class="cls0">6. The murder was committed by a person while serving a sentence of imprisonment on conviction of a felony;&nbsp;</span></p> <p><span class="cls0">7. The existence of a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; or&nbsp;</span></p> <p><span class="cls0">8. The victim of the murder was a peace officer as defined by Section 99 of this title, or correctional employee of an institution under the control of the Department of Corrections, and such person was killed while in performance of official duty.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, 1st Ex. Sess., c. 1 , &sect; 6, eff. July 24, 1976. Amended by Laws 1981, c. 147, &sect; 1, emerg. eff. May 8, 1981; Laws 2011, c. 160, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-701.13. Death penalty - Review of sentence.&nbsp;</span></p> <p><span class="cls0">A. Whenever the death penalty is imposed, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the Oklahoma Court of Criminal Appeals. The court reporter of the trial court shall prepare all transcripts necessary for appeal within six (6) months of the imposition of the sentence.&nbsp;</span></p> <p><span class="cls0">The clerk of the trial court, within ten (10) days after receiving the transcript, shall transmit the entire record and transcript to the Oklahoma Court of Criminal Appeals together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report shall be in the form of a standard questionnaire prepared and supplied by the Oklahoma Court of Criminal Appeals.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Court of Criminal Appeals shall consider the punishment as well as any errors enumerated by way of appeal.&nbsp;</span></p> <p><span class="cls0">C. With regard to the sentence, the court shall determine:&nbsp;</span></p> <p><span class="cls0">1. Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and&nbsp;</span></p> <p><span class="cls0">2. Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in Section 701.12 of this title.&nbsp;</span></p> <p><span class="cls0">D. Both the defendant and the state shall have the right to submit briefs within the time provided by the court, and to present oral argument to the court. The defendant shall have one hundred twenty (120) days from the date of receipt by the court of the record, transcript notice, and report provided for in subsection A of this section, in which to submit a brief. The state shall have sixty (60) days from the date of filing of the defendant's brief to file a reply brief. The defendant may file a reply brief within a time period established by the court, however the receipt of the reply brief, the hearing of oral arguments, and the rendering of a decision by the court all shall be concluded within one (1) year after the date of the filing of the reply brief. If the defendant or the state fails to submit their respective briefs within the period prescribed by law, the defendant or the state shall transmit a written statement of explanation to the Presiding Judge of the Court of Criminal Appeals who shall have the authority to grant an extension of the time to submit briefs, based upon a showing of just cause. Failure to submit briefs in the required time may be punishable as indirect contempt of court.&nbsp;</span></p> <p><span class="cls0">E. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:&nbsp;</span></p> <p><span class="cls0">1. Affirm the sentence of death; or&nbsp;</span></p> <p><span class="cls0">2. Set the sentence aside and remand the case for resentencing by the trial court.&nbsp;</span></p> <p><span class="cls0">F. The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence.&nbsp;</span></p> <p><span class="cls0">G. If the court reporter of the trial court fails to complete preparation of the transcripts necessary for appeal within the six-month period required by the provisions of subsection A of this section, the court reporter shall transmit a written statement of explanation of such failure to the Chief Justice of the Oklahoma Supreme Court, the Presiding Judge of the Court of Criminal Appeals, and the Administrative Director of the Courts. The Court of Criminal Appeals shall have the authority to grant an extension of the time for filing the transcripts, based upon a showing of just cause. Failure to complete the transcripts in the required time may be punishable as indirect contempt of court and except for just cause shown may result in revocation of the license of the court reporter.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, 1st Ex.Sess., c. 1, &sect; 7, eff. July 24, 1976. Amended by Laws 1985, c. 265, &sect; 1, emerg. eff. July 16, 1985.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-701.14. Repealed by Laws 1991, c. 238, &sect; 37, eff. July 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;21701.15. Constitutionality Sentence.&nbsp;</span></p> <p><span class="cls0">In the event the death penalty is held to be unconstitutional by the Oklahoma Court of Criminal Appeals or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death shall cause such person to be brought before the court, and the court shall sentence such person to imprisonment for life without parole.&nbsp;</span></p> <p class="cls1"><span class="cls0">Amended by Laws 1985, c. 105, &sect; 1, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;21701.16. Solicitation for murder in the first degree.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person or agent of that person to solicit another person or persons to cause the death of a human being by the act of murder in the first degree as is defined by Section 701.7 of this title. A person who is convicted, pleads guilty or pleads nolo contendere to the act of solicitation for murder in the first degree, except as provided in Section 701.7 of this title, shall be guilty of a felony punishable by imprisonment in a state penal institution for not less than five (5) years nor more than life imprisonment in the State Penitentiary.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 147, &sect; 2, emerg. eff. May 8, 1981. Amended by Laws 1989, c. 259, &sect; 2, emerg. eff. May 19, 1989; Laws 1997, c. 133, &sect; 234, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 138, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 234 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-701.17. Repealed by Laws 1999, 1st Ex.Sess., c. 5, &sect; 452, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;21702. Design to effect death inferred.&nbsp;</span></p> <p><span class="cls0">A design to effect death is inferred from the fact of killing, unless the circumstances raise a reasonable doubt whether such design existed.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2314. &nbsp;</span></p> <p><span class="cls0">&sect;21703. Premeditation.&nbsp;</span></p> <p><span class="cls0">A design to effect death sufficient to constitute murder may be formed instantly before committing the act by which it is carried into execution.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2315. &nbsp;</span></p> <p><span class="cls0">&sect;21704. Anger or intoxication no defense.&nbsp;</span></p> <p><span class="cls0">Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2316. &nbsp;</span></p> <p><span class="cls0">&sect;21705. Act imminently dangerous and evincing depraved mind.&nbsp;</span></p> <p><span class="cls0">Homicide perpetrated by an act imminently dangerous to others and evincing a depraved mind, regardless of human life, is not the less murder because there was no actual intent to injure others.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2317. &nbsp;</span></p> <p><span class="cls0">&sect;21711. Manslaughter in the first degree defined.&nbsp;</span></p> <p><span class="cls0">Homicide is manslaughter in the first degree in the following cases:&nbsp;</span></p> <p><span class="cls0">1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.&nbsp;</span></p> <p><span class="cls0">3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2320. &nbsp;</span></p> <p><span class="cls0">&sect;21712. Liability of physicians.&nbsp;</span></p> <p><span class="cls0">Every physician who being in a state of intoxication without a design to effect death, administers any poison, drug or medicine, or does any other act as such physician to another person, which produces the death of such other person, is guilty of manslaughter in the first degree.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2321. &nbsp;</span></p> <p><span class="cls0">&sect;21-713. Repealed by Laws 2006, c. 185, &sect; 23, eff. Nov. 1, 2006.&nbsp;</span></p> <p><span class="cls0">&sect;21714. Procuring destruction of unborn child.&nbsp;</span></p> <p><span class="cls0">Every person who administers to any woman pregnant with a quick child, or who prescribes for such woman, or advises or procures any such woman to take any medicine, drug or substance whatever, or who uses or employs any instrument or other means with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, is guilty in case the death of the child or of the mother is thereby produced, of manslaughter in the first degree.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2323. &nbsp;</span></p> <p><span class="cls0">&sect;21-715. Manslaughter in the first degree a felony.&nbsp;</span></p> <p><span class="cls0">Any person guilty of manslaughter in the first degree shall be guilty of a felony punishable by imprisonment in the custody of the Department.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2324. Amended by Laws 1997, c. 133, &sect; 235, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 139, eff. July 1, 1999; Laws 2005, c. 200, &sect; 4, emerg. eff. May 20, 2005; Laws 2006, c. 185, &sect; 2, eff. Nov. 1, 2006.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 235 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21716. Manslaughter in the second degree.&nbsp;</span></p> <p><span class="cls0">Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2325. &nbsp;</span></p> <p><span class="cls0">&sect;21717. Owner of mischievous animal which kills person.&nbsp;</span></p> <p><span class="cls0">If the owner of a mischievous animal, knowing its propensities, wilfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large or not confined, kills any human being who has taken all the precautions which the circumstances permitted, to avoid such animal, the owner is deemed guilty of manslaughter in the second degree.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2326. &nbsp;</span></p> <p><span class="cls0">&sect;21722. Manslaughter in the second degree a felony - Penalty.&nbsp;</span></p> <p><span class="cls0">Any person guilty of manslaughter in the second degree shall be guilty of a felony punishable by imprisonment in the State Penitentiary not more than four (4) years and not less than two (2) years, or by imprisonment in a county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2331. Amended by Laws 1997, c. 133, &sect; 236, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 140, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 236 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-723. Offender&rsquo;s knowledge of victim&rsquo;s pregnancy.&nbsp;</span></p> <p><span class="cls0">Any offense committed pursuant to the provisions of Sections 652 and 713 of Title 21 of the Oklahoma Statutes does not require proof that the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant or that the offender intended to cause the death or bodily injury to the unborn child.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 200, &sect; 5, emerg. eff. May 20, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21731. Excusable homicide, what is.&nbsp;</span></p> <p><span class="cls0">Homicide is excusable in the following cases:&nbsp;</span></p> <p><span class="cls0">1. When committed by accident and misfortune in doing any lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent.&nbsp;</span></p> <p><span class="cls0">2. When committed by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat provided that no undue advantage is taken, nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner.&nbsp;</span></p> <p class="cls1"><span class="cls0">Amended by Laws 1985, c. 90, &sect; 1, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;21732. Justifiable homicide by officer.&nbsp;</span></p> <p><span class="cls0">A peace officer, correctional officer, or any person acting by his command in his aid and assistance, is justified in using deadly force when:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. In effecting an arrest or preventing an escape from custody following arrest and the officer reasonably believes both that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;such force is necessary to prevent the arrest from being defeated by resistance or escape, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the person escaping is not a person who has committed a felony involving violence, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the person escaping is not likely to endanger human life or to inflict serious bodily harm if not apprehended.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2333. Amended by Laws 1990, c. 179, &sect; 1, emerg. eff. May 3, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21733. Justifiable homicide by any person.&nbsp;</span></p> <p><span class="cls0">Homicide is also justifiable when committed by any person in either of the following cases:&nbsp;</span></p> <p><span class="cls0">1. When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is; or,&nbsp;</span></p> <p><span class="cls0">2. When committed in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, when there is a reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished; or,&nbsp;</span></p> <p><span class="cls0">3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2334. &nbsp;</span></p> <p><span class="cls0">&sect;21-741. Kidnapping defined.&nbsp;</span></p> <p><span class="cls0">Any person who, without lawful authority, seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away another, with intent, either:&nbsp;</span></p> <p><span class="cls0">1. To cause such other person to be confined or imprisoned in this state against the will of the other person; or&nbsp;</span></p> <p><span class="cls0">2. To cause such other person to be sent out of this state against the will of the other person; or&nbsp;</span></p> <p><span class="cls0">3. To cause such person to be sold as a slave, or in any way held to service against the will of such person,&nbsp;&nbsp;&nbsp;</span></p> <p><span class="cls0">shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding twenty (20) years. Upon any trial for a violation of this section, the consent thereto of the person kidnapped or confined, shall not be a defense, unless it appears satisfactorily to the jury, that such person was above the age of twelve (12) years, and that such consent was not extorted by threat, or by duress.&nbsp;</span></p> <p><span class="cls0">Except for persons sentenced to life or life without parole, on and after the effective date of this act, any person sentenced to imprisonment for a violation of this section and the offense involved sexual abuse or sexual exploitation, 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.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2374. Amended by Laws 1997, c. 133, &sect; 237, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 141, eff. July 1, 1999; Laws 2004, c. 275, &sect; 3, eff. July 1, 2004; Laws 2007, c. 261, &sect; 4, eff. Nov. 1, 2007; Laws 2009, c. 444, &sect; 1, eff. July 1, 2009; Laws 2012, c. 92, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 237 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21745. Kidnapping for purpose of extortion Assisting in disposing, receiving, possessing or exchanging money or property received.&nbsp;</span></p> <p><span class="cls0">A. Every person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, for the purpose of extorting any money, property or thing of value or advantage from the person so seized, confined, inveigled or kidnapped, or from any other person, or in any manner threatens either by written instrument, word of mouth, message, telegraph, telephone, by placing an ad in a newspaper, or by messenger, demands money or other thing of value, shall be guilty of a felony, and upon conviction shall suffer death or imprisonment in the State Penitentiary, not less than ten (10) years.&nbsp;</span></p> <p><span class="cls0">B. Every person, not a principal in the kidnapping and not a relative or agent authorized by a relative of a kidnapped person, but who knowingly aids, assists, or participates in the disposing, receiving, possession or exchanging of any moneys, property or thing of value or advantage from the person so seized, confined, inveigled or kidnapped, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State Penitentiary, not less than five (5) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2378. Amended by Laws 1935, p. 17, &sect; 1; Laws 1937, p. 13, &sect; 1; Laws 1997, c. 133, &sect; 238, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 142, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 238 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21746. Venue.&nbsp;</span></p> <p><span class="cls0">Every offense prohibited in the last section may be tried in the county in which the crime may have been committed or in any county through which the person so seized, confined, inveigled or kidnapped shall have been taken, carried, or into which such person may be brought.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2379. &nbsp;</span></p> <p><span class="cls0">&sect;21-747. Holder of hostage - Telephone communications.&nbsp;</span></p> <p><span class="cls0">A. The supervising law enforcement official having jurisdiction in the geographical area where any hostage is held or any suspect is barricaded who has probable cause to believe that the holder of any hostage or that any suspect is committing a crime shall have the authority to order a telephone company to arrange to cut, reroute or divert telephone lines in any emergency in which any hostage is being held or any suspect is barricaded, for the purpose of preventing telephone communication by the holder of any hostage or any barricaded suspect with any person other than a peace officer or a person authorized by the peace officer.&nbsp;</span></p> <p><span class="cls0">B. The serving telephone company within the geographical area of a law enforcement unit shall designate appropriate telephone company management employees to provide, or cause to be provided, all required assistance to law enforcement officials to carry out the purposes of this section.&nbsp;</span></p> <p><span class="cls0">C. Good faith reliance on an order by a supervising law enforcement official pursuant to this section, shall constitute a complete defense to any civil or criminal action brought against a telephone company, its agents or employees, as a result of compliance with said order.&nbsp;</span></p> <p><span class="cls0">D. During any hostage or barricaded suspect situation as provided in subsection A of this section it shall be unlawful for any person to publicly disseminate, unless with the consent or at the request of the law enforcement agency of the supervising law enforcement officer, any information received from any hostage holder or barricaded suspect when a cellular telephone has been used to establish contact with such hostage holder or barricaded suspect. Every person convicted of a violation of this subsection shall be guilty of a misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 80, &sect; 1, emerg. eff. April 20, 1979. Amended by Laws 1998, c. 9, &sect; 1, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-748. Human trafficking.&nbsp;</span></p> <p><span class="cls0">A. As used in Sections 748 and 748.2 of this title:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Coercion&rdquo; means compelling, forcing or intimidating a person to act by:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;threats of harm or physical restraint against any person,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any act, scheme, plan, or pattern intended to cause a person to believe that performing, or failing to perform, an act would result in serious physical, financial, or emotional harm or distress to or physical restraint against any person,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the abuse or threatened abuse of the law or legal process,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport, labor or immigration document, or other government identification document, including but not limited to a driver license or birth certificate, of another person,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;facilitating or controlling a person&rsquo;s access to any addictive or controlled substance other than for legal medical purposes,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;blackmail,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;demanding or claiming money, goods, or any other thing of value from or on behalf of a prostituted person where such demand or claim arises from or is directly related to the act of prostitution,&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;determining, dictating or setting the times at which another person will be available to engage in an act of prostitution with a third party,&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;determining, dictating or setting the places at which another person will be available for solicitation of, or to engage in, an act of prostitution with a third party, or&nbsp;</span></p> <p class="cls2"><span class="cls0">j.&nbsp;&nbsp;determining, dictating or setting the places at which another person will reside for purposes of making such person available to engage in an act of prostitution with a third party;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Commercial sex&rdquo; means any form of commercial sexual activity such as sexually explicit performances, prostitution, participation in the production of pornography, performance in a strip club, or exotic dancing or display;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Debt bondage&rdquo; means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Human trafficking&rdquo; means modern-day slavery that includes, but is not limited to, extreme exploitation and the denial of freedom or liberty of an individual for purposes of deriving benefit from that individual&rsquo;s commercial sex act or labor;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Human trafficking for labor&rdquo; means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;recruiting, enticing, harboring, maintaining, transporting, providing or obtaining, by any means, another person through deception, force, fraud, threat or coercion or for purposes of engaging the person in labor, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;benefiting, financially or by receiving anything of value, from participation in a venture that has engaged in an act of trafficking for labor;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Human trafficking for commercial sex&rdquo; means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;recruiting, enticing, harboring, maintaining, transporting, providing or obtaining, by any means, another person through deception, force, fraud, threat or coercion for purposes of engaging the person in a commercial sex act, &nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;recruiting, enticing, harboring, maintaining, transporting, providing, purchasing or obtaining, by any means, a minor for purposes of engaging the minor in a commercial sex act, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;benefiting, financially or by receiving anything of value, from participating in a venture that has engaged in an act of trafficking for commercial sex;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Legal process&rdquo; means the criminal law, the civil law, or the regulatory system of the federal government, any state, territory, district, commonwealth, or trust territory therein, and any foreign government or subdivision thereof and includes legal civil actions, criminal actions, and regulatory petitions or applications; and&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Minor&rdquo; means an individual under eighteen (18) years of age.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful to knowingly engage in human trafficking.&nbsp;</span></p> <p><span class="cls0">C. Any person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than five (5) years, or by a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment. Any person violating 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 not less 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 court shall also order the defendant to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">D. It is an affirmative defense to prosecution for a criminal offense that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking.&nbsp;</span></p> <p><span class="cls0">E. The consent of the minor to the activity prohibited by this section shall not constitute a defense.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 134, &sect; 1. Amended by Laws 2010, c. 325, &sect; 1, emerg. eff. June 5, 2010; Laws 2012, c. 95, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-748.2. Guidelines for treatment of human trafficking victims &ndash; Right to civil action.&nbsp;</span></p> <p><span class="cls0">A. Human trafficking victims shall:&nbsp;</span></p> <p><span class="cls0">1. Be housed in an appropriate shelter as soon as practicable;&nbsp;</span></p> <p><span class="cls0">2. Not be detained in facilities inappropriate to their status as crime victims;&nbsp;</span></p> <p><span class="cls0">3. Not be jailed, fined, or otherwise penalized due to having been trafficked;&nbsp;</span></p> <p><span class="cls0">4. Receive prompt medical care, mental health care, food, and other assistance, as necessary;&nbsp;</span></p> <p><span class="cls0">5. Have access to legal assistance, information about their rights, and translation services, as necessary; and&nbsp;</span></p> <p><span class="cls0">6. Be provided protection if the safety of the victim is at risk or if there is a danger of additional harm by recapture of the victim by a trafficker, including:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;taking measures to protect trafficked persons and their family members from intimidation and threats of reprisals, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;ensuring that the names and identifying information of trafficked persons and their family members are not disclosed to the public.&nbsp;</span></p> <p><span class="cls0">B. Any person aggrieved by a violation of subsection B of Section 748 of this title may bring a civil action against the person or persons who committed the violation to recover actual and punitive damages and reasonable attorney fees. A criminal case or prosecution is not a necessary precedent to the civil action. The statute of limitations for the cause of action shall not commence until the latter of the victim&rsquo;s emancipation from the defendant or the victim&rsquo;s twenty-first birthday.&nbsp;</span></p> <p><span class="cls0">C. Upon availability of funds, the Attorney General is authorized to establish an emergency hotline number for victims of human trafficking to call in order to request assistance or rescue. The Attorney General is authorized to enter into agreements with the county departments of health to require posting of the rights contained in this section along with the hotline number for publication in locations as directed by the State Department of Health.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 134, &sect; 2. Amended by Laws 2010, c. 325, &sect; 2, emerg. eff. June 5, 2010; Laws 2011, c. 1, &sect; 11, emerg. eff. March 18, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2010, c. 409, &sect; 3 repealed by Laws 2011, c. 1, &sect; 12, emerg. eff. March 18, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21751. Maiming defined.&nbsp;</span></p> <p><span class="cls0">Every person who, with premeditated design to injure another, inflicts upon his person any injury which disfigures his personal appearance or disables any member or organ of his body or seriously diminishes his physical vigor, is guilty of maiming.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2345. &nbsp;</span></p> <p><span class="cls0">&sect;21752. Maiming one's self.&nbsp;</span></p> <p><span class="cls0">Every person who with design to disable himself from performance of any legal duty, existing or anticipated, inflicts upon himself any injury whereby he is so disabled, is guilty of maiming.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2346. &nbsp;</span></p> <p><span class="cls0">&sect;21754. Means and manner of maiming immaterial.&nbsp;</span></p> <p><span class="cls0">To constitute maiming it is immaterial by what means or instrument, or in what manner the injury was inflicted.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2348. &nbsp;</span></p> <p><span class="cls0">&sect;21755. Maiming by disfigurement.&nbsp;</span></p> <p><span class="cls0">To constitute maiming by disfigurement, the injury must be such as is calculated, after healing, to attract observation. A disfigurement which can only be discovered by close inspection does not constitute maiming.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2349. &nbsp;</span></p> <p><span class="cls0">&sect;21756. Design to maim inferred.&nbsp;</span></p> <p><span class="cls0">A design to injure, disfigure, or disable, is inferred from the fact of inflicting an injury which is calculated to disfigure or disable, unless the circumstances raise a reasonable doubt whether such design existed.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2350. &nbsp;</span></p> <p><span class="cls0">&sect;21757. Premeditated design.&nbsp;</span></p> <p><span class="cls0">A premeditated design to injure, disfigure or disable, sufficient to constitute maiming, may be formed instantly before inflicting the wound.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2351. &nbsp;</span></p> <p><span class="cls0">&sect;21758. Recovery before trial a bar Conviction of assault and battery.&nbsp;</span></p> <p><span class="cls0">Where it appears, upon a trial for maiming another person, that the person injured has, before the time of trial, so far recovered from the wound that he is no longer by it disfigured in personal appearance, or disabled in any member or organ of his body, or affected in physical vigor, no conviction for maiming shall be had; but the accused may be convicted of assault and battery, with or without a special intent, according to proof.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2352. &nbsp;</span></p> <p><span class="cls0">&sect;21-759. Penalty for maiming.&nbsp;</span></p> <p><span class="cls0">Any person guilty of maiming another, as defined in Section 751 of this title, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life or by a fine not exceeding One Thousand Dollars ($1,000.00), or both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2353. Amended by Laws 1997, c. 133, &sect; 239, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 143, eff. July 1, 1999; Laws 2011, c. 385, &sect; 4, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 239 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-760. Female genital mutilation.&nbsp;</span></p> <p><span class="cls0">A. Female genital mutilation shall be unlawful in the State of Oklahoma. Whoever knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of another shall, upon conviction, be guilty of a felony punishable by incarceration in the custody of the Department of Corrections for a term of not less than three (3) years nor more than life and a fine of not more than Twenty Thousand Dollars ($20,000.00). Consent to the procedure by a minor on whom it is performed or by the parent or parents of the minor is not a defense to a violation of this subsection.&nbsp;</span></p> <p><span class="cls0">B. A surgical procedure is not a violation of subsection A of this section if the procedure:&nbsp;</span></p> <p><span class="cls0">1. Is necessary as a recognized treatment for a known disease or for purposes of cosmetic surgery to repair a defect or injury for the person on whom it is performed and is performed by:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a licensed physician, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a physician in training under the supervision of a licensed physician; or&nbsp;</span></p> <p><span class="cls0">2. Is necessary in the assistance of childbirth or for medical purposes connected with that labor or birth and is performed by:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a licensed physician,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a physician in training under the supervision of a licensed physician, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a certified nurse-midwife.&nbsp;</span></p> <p><span class="cls0">C. Any physician, physician in training, certified nurse-midwife or any other medical professional who performs or participates in a female genital mutilation procedure shall, in addition to the penalties in subsection A of this section, have the professional license or certification of the person permanently revoked.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 406, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21771. Libel defined.&nbsp;</span></p> <p><span class="cls0">Libel is a false or malicious unprivileged publication by writing, printing, picture, or effigy or other fixed representation to the eye, which exposes any person to public hatred, contempt, ridicule or obloquy, or which tends to deprive him of public confidence, or to injure him in his occupation, or any malicious publication as aforesaid, designed to blacken or vilify the memory of one who is dead, and tending to scandalize his surviving relatives or friends.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect;&sect; 2380, 4956. &nbsp;</span></p> <p><span class="cls0">&sect;21772. Privileged publications.&nbsp;</span></p> <p><span class="cls0">A privileged publication is one made:&nbsp;</span></p> <p><span class="cls0">First. In any legislative or judicial proceeding or any other proceeding authorized by law;&nbsp;</span></p> <p><span class="cls0">Second. In the proper discharge of an official duty.&nbsp;</span></p> <p><span class="cls0">Third. By a fair and true report of any legislative or judicial or other proceeding authorized by law, or anything said in the course thereof, and any and all expressions of opinion in regard thereto, and criticisms thereon, and any and all criticisms upon the official acts of any and all public officers, except where the matter stated of and concerning the official act done, or of the officer, falsely imputes crime to the officer so criticized.&nbsp;</span></p> <p><span class="cls0">In all cases of publication of matter not privileged under this section, malice shall be presumed from the publication; unless the fact and the testimony rebut the same. No publication which, under this section, would be privileged, shall be punishable as libel.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect;&sect; 2381, 4958. &nbsp;</span></p> <p><span class="cls0">&sect;21773. Penalty Civil liability.&nbsp;</span></p> <p><span class="cls0">Every person who makes, composes or dictates such libel or procures the same to be done; or who willfully publishes or circulates such libel; or in any way knowingly or willfully aids or assists in making, publishing or circulating the same, shall be punishable by imprisonment in the county jail not more than one (1) year, or by fine not exceeding One Thousand Dollars ($1,000.00), or both, and shall also be civilly liable to the party injured.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2382. &nbsp;</span></p> <p><span class="cls0">&sect;21774. Defenses in criminal libel action.&nbsp;</span></p> <p><span class="cls0">In all criminal prosecutions or indictments for libel, the truth thereof may be given in evidence to the jury, and if it be made to appear by the defendant that the matter charged as libelous was true, and in addition thereto was published with good motives, and for justifiable ends, or was a privileged communication, the defendant shall be acquitted.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2383. &nbsp;</span></p> <p><span class="cls0">&sect;21776. Publication, what constitutes.&nbsp;</span></p> <p><span class="cls0">To sustain the charge of publishing libel it is not needful that the words complained of should have been read by any person; it is enough and sufficient evidence that the accused knowingly parted with the immediate custody of the libel under circumstances which exposed it to be read by any person other than himself.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2385. &nbsp;</span></p> <p><span class="cls0">&sect;21777. Newspapers reporting official proceedings.&nbsp;</span></p> <p><span class="cls0">No editor or proprietor of any newspaper shall be liable to prosecution for a fair and true report of any judicial, legislative or other public official proceedings except upon proof of malice in making such report, and in making such report of public official proceedings, malice shall not be implied from publication; but libelous remarks connected with matter privileged under the last section, shall not be privileged by reason of their being connected therewith.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2386. &nbsp;</span></p> <p><span class="cls0">&sect;21778. Threatened libel.&nbsp;</span></p> <p><span class="cls0">Any person who threatens to publish a libel concerning any other person, or concerning any relative, wife or child or dead relative of such person, or member of his family, shall be liable civilly and criminally to have the same intent as though the publication had been made. But if the threat be not in writing, the threat and character of the libelous matter must be proven by at least two witnesses, or by one witness and corroborating circumstances.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2387. &nbsp;</span></p> <p><span class="cls0">&sect;21779. Imputing unchastity to females Penalty.&nbsp;</span></p> <p><span class="cls0">If any person shall orally or otherwise, falsely and maliciously or falsely and wantonly impute to any female, married or unmarried, a want of chastity, he shall be deemed guilty of slander, and upon conviction shall be fined not less than Twentyfive Dollars ($25.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than thirty (30) days nor more than ninety (90) days, or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2387. &nbsp;</span></p> <p><span class="cls0">&sect;21780. Imputing unchastity Evidence necessary Defenses.&nbsp;</span></p> <p><span class="cls0">In any prosecution under the preceding section it shall not be necessary for the state to show that such imputation was false, but the defendant may, in justification, show the truth of the imputation, and the general reputation for chastity of the female alleged.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2389. &nbsp;</span></p> <p><span class="cls0">&sect;21781. False rumors Slander Penalty.&nbsp;</span></p> <p><span class="cls0">Any person, who shall willfully, knowingly, or maliciously repeat or communicate to any person, or persons, a false rumor or report of a slanderous or harmful nature, or which may be detrimental to the character or standing of such other person, or persons, whether such person is a private citizen, or officer, or candidate for office, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or imprisoned not less than thirty (30) days nor more than one hundred and twenty (120) days in the county jail, or both so fined and imprisoned for each offense.&nbsp;</span></p> <p><span class="cls0">&sect;21791. Robbery defined.&nbsp;</span></p> <p><span class="cls0">Robbery is a wrongful taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2364. &nbsp;</span></p> <p><span class="cls0">&sect;21792. Force or fear How employed.&nbsp;</span></p> <p><span class="cls0">To constitute robbery, the force or fear must be employed either to obtain or retain possession of the property, or to prevent or overcome resistance to the taking. If employed merely as a means of escape, it does not constitute robbery.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2365. &nbsp;</span></p> <p><span class="cls0">&sect;21793. Degree of force immaterial.&nbsp;</span></p> <p><span class="cls0">When force is employed in either of the ways specified in the last section, the degree of force employed is immaterial.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2366. &nbsp;</span></p> <p><span class="cls0">&sect;21794. What fear is an element.&nbsp;</span></p> <p><span class="cls0">The fear which constitutes robbery may be either:&nbsp;</span></p> <p><span class="cls0">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,&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2367. &nbsp;</span></p> <p><span class="cls0">&sect;21795. Value of property not material.&nbsp;</span></p> <p><span class="cls0">When property is taken under the circumstances, required to constitute robbery, the fact that the property was of trifling value does not qualify the offense.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2368. &nbsp;</span></p> <p><span class="cls0">&sect;21796. Taking secretly not robbery.&nbsp;</span></p> <p><span class="cls0">The taking of property from the person of another is not robbery, when it clearly appears that the taking was fully completed without his knowledge.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2369. &nbsp;</span></p> <p><span class="cls0">&sect;21-797. Degrees of robbery.&nbsp;</span></p> <p><span class="cls0">Robbery in the first degree is when, in the course of committing the theft, the defendant:&nbsp;</span></p> <p><span class="cls0">1. Inflicts serious bodily injury upon the person;&nbsp;</span></p> <p><span class="cls0">2. Threatens a person with immediate serious bodily injury;&nbsp;</span></p> <p><span class="cls0">3. Intentionally puts a person in fear of immediate serious bodily injury; or&nbsp;</span></p> <p><span class="cls0">4. Commits or threatens to commit a felony upon the person.&nbsp;</span></p> <p><span class="cls0">When accomplished in any other manner, it is robbery in the second degree.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2370. Amended by Laws 2001, c. 437, &sect; 4, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21798. Robbery in the first degree a felony.&nbsp;</span></p> <p><span class="cls0">Any person guilty of robbery in the first degree shall be guilty of a felony punishable by imprisonment in the State Penitentiary not less than ten (10) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2371. Amended by Laws 1997, c. 133, &sect; 240, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 144, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 240 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21799. Robbery in the second degree a felony.&nbsp;</span></p> <p><span class="cls0">Any person guilty of robbery in the second degree shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2372. Amended by Laws 1997, c. 133, &sect; 241, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 145, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 241 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21800. Robbery by two or more persons a felony.&nbsp;</span></p> <p><span class="cls0">Whenever two or more persons conjointly commit a robbery or where the whole number of persons conjointly commits a robbery and persons present and aiding such robbery amount to two or more, each and either of such persons shall be guilty of a felony punishable by imprisonment in the State Penitentiary for not less than five (5) years nor more than fifty (50) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2373. Amended by Laws 1997, c. 133, &sect; 242, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 146, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 242 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21801. Robbery or attempted robbery with dangerous weapon or imitation firearm a felony.&nbsp;</span></p> <p><span class="cls0">Any person or persons who, with the use of any firearms or any other dangerous weapons, whether the firearm is loaded or not, or who uses a blank or imitation firearm capable of raising in the mind of the one threatened with such device a fear that it is a real firearm, attempts to rob or robs any person or persons, or who robs or attempts to rob any place of business, residence or banking institution or any other place inhabited or attended by any person or persons at any time, either day or night, shall be guilty of a felony and, upon conviction therefor, shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time of not less than five (5) years, at the discretion of the court, or the jury trying the same.&nbsp;</span></p> <p><span class="cls0">Upon conviction therefor, any person guilty of three separate and distinct felonies, in violation of this section shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time of not less than ten (10) years, and it is mandatory upon the court to impose no less than the minimum sentence of ten (10) years. The sentence imposed upon such person shall not be reduced to less than ten (10) calendar years, nor suspended, nor shall any person be eligible for probation or parole or receive any deduction from his sentence for good conduct until he shall have served ten (10) calendar years of such sentence.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 85, p. 150, &sect; 1. Amended by Laws 1925, c. 44, p. 71, &sect; 1; Laws 1973, c. 76, &sect; 1, emerg. eff. April 30, 1973; Laws 1982, c. 173, &sect; 2, emerg. eff. April 16, 1982; Laws 1997, c. 133, &sect; 243, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 147, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 243 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21811. Suicide defined.&nbsp;</span></p> <p><span class="cls0">Suicide is the intentional taking of one's own life.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect;&sect; 2300. &nbsp;</span></p> <p><span class="cls0">&sect;21813. Aiding suicide.&nbsp;</span></p> <p><span class="cls0">Every person who willfully, in any manner, advises, encourages, abets, or assists another person in taking his own life, is guilty of aiding suicide.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2302. &nbsp;</span></p> <p><span class="cls0">&sect;21814. Furnishing weapon or drug.&nbsp;</span></p> <p><span class="cls0">Every person who willfully furnishes another person with any deadly weapon or poisonous drug, knowing that such person intends to use such weapon or drug in taking his own life, is guilty of aiding suicide, if such person thereafter employs such instrument or drug in taking his own life.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2303. &nbsp;</span></p> <p><span class="cls0">&sect;21815. Aid in attempt to commit suicide.&nbsp;</span></p> <p><span class="cls0">Every person who willfully aids another in attempting to take his own life, in any manner which by the preceding sections would have amounted to aiding suicide if the person assisted had actually taken his own life, is guilty of aiding an attempt at suicide.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2304. &nbsp;</span></p> <p><span class="cls0">&sect;21816. Incapacity of person committing or attempting suicide no defense.&nbsp;</span></p> <p><span class="cls0">It is no defense to a prosecution for aiding suicide or aiding an attempt at suicide, that the person who committed or attempted to commit the suicide was not a person deemed capable of committing crime.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2305. &nbsp;</span></p> <p><span class="cls0">&sect;21817. Aiding suicide a felony.&nbsp;</span></p> <p><span class="cls0">Any person guilty of aiding suicide shall be guilty of a felony punishable by imprisonment in the State Penitentiary for not less than seven (7) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2306. Amended by Laws 1997, c. 133, &sect; 244, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 148, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 244 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21818. Aiding an attempt at suicide a felony.&nbsp;</span></p> <p><span class="cls0">Every person guilty of aiding an attempt at suicide shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding two (2) years, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2307. Amended by Laws 1976, c. 6, &sect; 1, emerg. eff. Jan. 30, 1976; Laws 1997, c. 133, &sect; 245, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 149, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 245 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21831. Intoxicated physician.&nbsp;</span></p> <p><span class="cls0">Every physician who being in the state of intoxication administers any poison, drug or medicine, or does any other act as such physician to another person, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2390. &nbsp;</span></p> <p><span class="cls0">&sect;21832. Willfully poisoning food, drink, medicine, or patent or proprietary medicine.&nbsp;</span></p> <p><span class="cls0">A. 1. No person shall willfully mingle any poison, Schedule I through V drug pursuant to the provisions of Sections 2203 through 2212 of Title 63 of the Oklahoma Statutes, or sharp object, or any other object or substance which if used in a manner which is not customary or usual is harmful to human life, with any food, drink, medicine, or patent or proprietary medicine with intent that the same shall be taken, consumed, applied, or used in any manner by any human being to his injury; and&nbsp;</span></p> <p><span class="cls0">2. Unless authorized by law, no person shall willfully poison or place any Schedule I through V drug pursuant to the provisions of Sections 2203 through 2212 of Title 63 of the Oklahoma Statutes or any other object or substance which if used in a manner which is not customary or usual is harmful to human life in any spring, well, or reservoir of water.&nbsp;</span></p> <p><span class="cls0">B. Any person convicted of violating any of the provisions of this section shall be guilty of a felony, punishable by imprisonment in the State Penitentiary for not less than five (5) years, or by a fine of not less than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2391. Amended by Laws 1983, c. 19, &sect; 1, emerg. eff. April 18, 1983; Laws 1997, c. 133, &sect; 246, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 150, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 246 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-833. Unlawful confinement of lunatics.&nbsp;</span></p> <p><span class="cls0">Every overseer of the poor, constable, keeper of a jail, or other person who confines a person who is impaired by reason of mental retardation or developmental disability, as defined by Section 1430.2 of Title 10 of the Oklahoma Statutes, mentally ill person, insane person or other person of unsound mind, in any other manner or in any other place than is authorized by law, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2392. Amended by Laws 1998, c. 246, &sect; 13, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-834. Reconfining persons discharged upon writ of deliverance.&nbsp;</span></p> <p><span class="cls0">Every person who, either solely or as a member of a court, in the execution of a judgment, order or process, knowingly recommits, imprisons or restrains of his liberty, for the same cause, any person who has been discharged from imprisonment upon a writ of deliverance, is guilty of a misdemeanor; and, in addition to the punishment prescribed therefor, he forfeits to the party aggrieved One Thousand Dollars ($1,000.00), to be recovered in a civil action.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2393.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21835. Concealing persons to avoid habeas corpus.&nbsp;</span></p> <p><span class="cls0">Every person having in his custody or power, or under his restraint, a party who by the provisions of law relating to habeas corpus, would be entitled to a writ of habeas corpus, or for whose relief such writ has been issued, who, with intent to elude the service of such writ, to avoid the effect thereof, transfers the party to the custody, or places him under the power or control of another, or conceals or changes the place of his confinement, or who, without lawful excuse, refuses to produce him, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2394. &nbsp;</span></p> <p><span class="cls0">&sect;21836. Assisting in concealing person to avoid habeas corpus.&nbsp;</span></p> <p><span class="cls0">Every person who knowingly assists in the violation of the preceding section is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2394. &nbsp;</span></p> <p><span class="cls0">&sect;21837. Intimidating laborers.&nbsp;</span></p> <p><span class="cls0">Every person who, by use of force, threats or intimidation, prevents or endeavors to prevent any hired foreman, journeyman, apprentice, workman, laborer, servant or other person employed by another, from continuing or performing his work, or from accepting any new work or employment, or induces such hired person to relinquish his work or employment, or to return any work he has in hand, before it is finished, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Every person who, by use of force, threats, or intimidation, prevents or endeavors to prevent any farmer or rancher from harvesting, handling, transporting or marketing any agricultural products, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2396; Laws 1968, c. 213, &sect; 1, emerg. eff. April 23, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;21838. Intimidating employers.&nbsp;</span></p> <p><span class="cls0">Every person who, by use of force, threats or intimidation, prevents or endeavors to prevent another from employing any person, or to compel another to employ any person, or to force or induce another to alter his mode of carrying on business, or to limit or increase the number of his hired foremen, journeymen, apprentices, workmen, laborers, servants or other persons employed by him, or their rate of wages or time of service, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2397.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21839.1. Right of privacy Use of name or picture for advertising without consent Misdemeanor.&nbsp;</span></p> <p><span class="cls0">Any person, firm or corporation that uses for the purpose of advertising for the sale of any goods, wares or merchandise, or for the solicitation of patronage by any business enterprise, the name, portrait or picture of any person, without having obtained, prior or subsequent to such use, the consent of such person, or, if such person is a minor, the consent of a parent or guardian, and, if such person is deceased, without the consent of the surviving spouse, personal representatives, or that of a majority of the deceased's adult heirs, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1965, c. 431, &sect; 1, emerg. eff. July 9, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;21-839.1A. Use of name or picture of Armed Forces member for advertising without consent - Misdemeanor.&nbsp;</span></p> <p><span class="cls0">Any person, firm, or corporation that uses for the purpose of advertising for the sale of any goods, wares, or merchandise, or for the solicitation of patronage by any business enterprise, the name, portrait, or picture of any service member of the United States Armed Forces, without having obtained, prior or subsequent to such use, the consent of the person, or, if the person is deceased, without the consent of the surviving spouse, personal representatives, or that of a majority of the adult heirs of the deceased, is guilty of a misdemeanor. This section applies to the name, portrait, or picture of both active duty members as well as former members of the Armed Forces of the United States. Every person convicted of a violation of this section shall be punished by a fine of not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not to exceed one (1) year, or by both said fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 69, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21839.2. Right of action Damages.&nbsp;</span></p> <p><span class="cls0">Any person whose right of privacy, as created in Section 1 hereof, is violated or the surviving spouse, personal representatives or a majority of the adult heirs of a deceased person whose name, portrait, or picture is used in violation of Section 1 hereof, may maintain an action against the person, firm or corporation so using such person's name, portrait or picture to prevent and restrain the use thereof, and may in the same action recover damages for any injuries sustained, and if the defendant in such action shall have knowingly used such person's name, portrait or picture in such manner as is declared to be unlawful, the jury or court, if tried without a jury, in its discretion may award exemplary damages.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1965, c. 431, &sect; 2, emerg. eff. July 9, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;21839.3. Right of photographer to exhibit specimens of work Other uses excepted.&nbsp;</span></p> <p><span class="cls0">Nothing contained in this act shall be so construed as to prevent any person, firm or corporation, practicing the profession of photography, from exhibiting in or about his or its establishment specimens of the work of such establishment, unless the same is continued by such person, firm or corporation after written notice objecting thereto has been given by the person portrayed; and nothing contained in this act shall be so construed as to prevent any person, firm or corporation from using the name, portrait or picture of any manufacturer or dealer in connection with the goods, wares and merchandise manufactured, produced or dealt in by him which he has sold or disposed of with such name, portrait or picture used in connection therewith; or from using the name, portrait or picture of any author, composer or artist in connection with his literary, musical or artistic productions which he has sold or disposed of with such name, portrait or picture used in connection therewith. Provided that this act shall not prevent the continued use of names of such persons by business establishments using such names and displaying such names at the effective date of this act.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1965, c. 431, &sect; 3, emerg. eff. July 9, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;21-841. Repealed by Laws 2006, c. 141, &sect; 5, eff. Nov. 1, 2006.&nbsp;</span></p> <p><span class="cls0">&sect;21-841.5. Renumbered as &sect; 1-1451 of Title 63 by Laws 2001, c. 384, &sect; 12, emerg. eff. June 4, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;21-842. Repealed by Laws 2006, c. 141, &sect; 5, eff. Nov. 1, 2006.&nbsp;</span></p> <p><span class="cls0">&sect;21-842.1. Performing or offering to perform body piercing or tattooing on child under 18 years&mdash;Definitions.&nbsp;</span></p> <p><span class="cls0">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 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. It shall be unlawful for any person to perform or offer to perform scleral tattooing upon a person.&nbsp;</span></p> <p><span class="cls0">D. As used in this section and Sections 842.2 and 842.3 of this title:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Tattooing&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Body piercing operator&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Tattoo operator&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">5. "Artist" means the person who actually performs the body piercing or tattooing procedure;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Apprentice&rdquo; 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&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Scleral tattooing&rdquo; means the practice of producing an indelible mark or figure on the human eye by scarring or inserting a pigment on, in, or under the fornix conjunctiva, bulbar conjunctiva, ocular conjunctive, or other ocular surface using needles, scalpels or other related equipment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">F. Any person violating the provisions of this section shall be punished as provided in Section 842.2 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 123, &sect; 1, eff. Nov. 1, 1998. Amended by Laws 2006, c. 141, &sect; 1, eff. Nov. 1, 2006; Laws 2009, c. 319, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-842.2. Penalties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 123, &sect; 2, eff. Nov. 1, 1998. Amended by Laws 2006, c. 141, &sect; 2, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-842.3. Rules to be promulgated by State Board of Health - City or county regulations - Licensing - Fines.&nbsp;</span></p> <p><span class="cls0">A. All body piercing operators, tattoo operators and artists shall be prohibited from performing body piercing or tattooing unless licensed in the appropriate category by the State Department of Health. The State Board of Health shall promulgate rules regulating body piercing and tattooing which shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. Artist temporary and permanent licensure;&nbsp;</span></p> <p><span class="cls0">2. Facility operator temporary and permanent licensure;&nbsp;</span></p> <p><span class="cls0">3. Body piercing and tattoo facility requirements;&nbsp;</span></p> <p><span class="cls0">4. Equipment setup and requirements;&nbsp;</span></p> <p><span class="cls0">5. Procedures for sanitary body piercing and tattooing;&nbsp;</span></p> <p><span class="cls0">6. Forms to be completed prior to performing body piercing and tattooing including, but not limited to, applications and parental consent forms;&nbsp;</span></p> <p><span class="cls0">7. Hand washing and general health;&nbsp;</span></p> <p><span class="cls0">8. Body piercing and tattoo site preparation and application;&nbsp;</span></p> <p><span class="cls0">9. Procedure following body piercing and tattoo application;&nbsp;</span></p> <p><span class="cls0">10. Limits and prohibitions concerning body piercing and tattooing;&nbsp;</span></p> <p><span class="cls0">11. Facility inspection documents including, but not limited to, equipment inspection; &nbsp;</span></p> <p><span class="cls0">12. Administrative fines structure;&nbsp;</span></p> <p><span class="cls0">13. Education and training; and&nbsp;</span></p> <p><span class="cls0">14. A surety bond in the principal sum of One Hundred Thousand Dollars ($100,000.00) to be in a form approved by the Attorney General and filed in the Office of the Secretary of State for all body piercing and tattoo operators.&nbsp;</span></p> <p><span class="cls0">B. A city or county may adopt any regulations that do not conflict with, or are more comprehensive than, the provisions of this section or with the rules promulgated by the Department. This section does not limit the ability of a city or county to require an applicant to obtain any further business licenses or permits that the city or county deems appropriate.&nbsp;</span></p> <p><span class="cls0">C. 1. The State Department of Health shall not grant or issue a license to a body piercing or tattoo operator if the place of business of the body piercing or tattoo operator is within one thousand (1,000) feet of a church, school, or playground.&nbsp;</span></p> <p><span class="cls0">2. The provisions of this subsection shall not apply to the renewal of licenses or to new applications for locations where body piercing or tattoo operators are licensed at the time the application is filed with the Department.&nbsp;</span></p> <p><span class="cls0">3. As used in this subsection:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;&ldquo;church&rdquo; means an establishment, other than a private dwelling, where religious services are usually conducted,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;&ldquo;school&rdquo; means an establishment, other than a private dwelling, where the usual processes of education are usually conducted, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;&ldquo;playground&rdquo; means a place, other than grounds at a private dwelling, that is provided by the public or members of a community for recreation.&nbsp;</span></p> <p><span class="cls0">D. A body piercing or tattoo operator applying for license renewal or for a new license to perform at an existing body piercing or tattoo place of business shall pay a certification fee established by the Department by rule to determine if the exemptions provided for in paragraph 2 of subsection C of this section apply.&nbsp;</span></p> <p><span class="cls0">E. A body piercing or tattoo operator applying for license renewal or for a new license under subsection C of this section shall publish notice of the license application or renewal at least once a week for three (3) consecutive weeks in a newspaper of general circulation nearest to the proposed location of the business and most likely to give notice to interested citizens of the county, city, and community in which the applicant proposes to engage in business. The publication shall identify the exact location at which the proposed business is to be operated.&nbsp;</span></p> <p><span class="cls0">F. The State Department of Health may notify the district attorney of any violation of Section 842.1 of this title or rules promulgated pursuant thereto and, in addition to any criminal penalty imposed, the Department may impose an administrative fine not to exceed Five Thousand Dollars ($5,000.00) per violation per day, and may suspend, revoke or deny the license of the establishment, or may impose both such administrative fine and suspension, revocation or denial for any such violation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 123, &sect; 3, eff. Nov. 1, 1998. Amended by Laws 2006, c. 141, &sect; 3, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-843. Renumbered as &sect; 7115 of Title 10 by Laws 1995, c. 353, &sect; 20, eff. Nov. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;21-843.1. Caretakers - Abuse, financial neglect, neglect, sexual abuse or exploitation of charge.&nbsp;</span></p> <p><span class="cls0">A. 1. No caretaker or other person shall abuse, commit financial neglect, neglect, commit sexual abuse, or exploit any person entrusted to the care of such caretaker or other person in a nursing facility or other setting, or knowingly cause, secure, or permit any of these acts to be done.&nbsp;</span></p> <p><span class="cls0">2. For purposes of this section, the terms, "abuse", &ldquo;financial neglect&rdquo;, "neglect", "sexual abuse", and "exploit" shall have the same meaning as such terms are defined and clarified in Section 10-103 of Title 43A of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. 1. Any person convicted of a violation of this section, except as provided in paragraph 2 of this subsection, shall be guilty of a felony. The violator, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed ten (10) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment, and in addition, the person shall be subject to the Elderly and Incapacitated Victim&rsquo;s Protection Act. Such person&rsquo;s term shall further be subject to the provisions of Section 13.1 of this title for mandatory minimum sentencing.&nbsp;</span></p> <p><span class="cls0">2. Any person convicted of violating the provisions of this section by committing sexual abuse shall be guilty of a felony. The person convicted of sexual abuse shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed fifteen (15) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment, and in addition, the person shall be subject to the Elderly and Incapacitated Victim&rsquo;s Protection Act. Such person&rsquo;s imprisonment term imposed pursuant to this section shall further be subject to the provisions of Section 13.1 of this title for mandatory minimum sentencing.&nbsp;</span></p> <p><span class="cls0">C. Consent shall not be a defense for any violation of this section.&nbsp;</span></p> <p><span class="cls0">D. 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 paragraph 2 of subsection B 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 140, &sect; 2, eff. Nov. 1, 1984. Amended by Laws 1997, c. 133, &sect; 247, eff. July 1, 1999; Laws 1998, c. 298, &sect; 7, eff. Nov. 1, 1998; Laws 1999, 1st Ex. Sess., c. 5, &sect; 151, eff. July 1, 1999; Laws 2001, c. 428, &sect; 3, emerg. eff. June 5, 2001; Laws 2002, c. 22, &sect; 8, emerg. eff. March 8, 2002; Laws 2007, c. 68, &sect; 1, eff. Nov. 1, 2007; Laws 2007, c. 261, &sect; 5, eff. Nov. 1, 2007; Laws 2008, c. 314, &sect; 1, eff. July 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, c. 219, &sect; 1 repealed by Laws 1999, 1st Ex. Sess., c. 5, &sect; 452, eff. July 1, 1999. Laws 2001, c. 194, &sect; 1 repealed by Laws 2002, c. 22, &sect; 34, emerg. eff. March 8, 2002.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 247 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-843.2. Verbal abuse of charge.&nbsp;</span></p> <p><span class="cls0">A. No caretaker shall verbally abuse any person entrusted to the care of the caretaker, or knowingly cause, secure, or permit an act of verbal abuse to be done. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor. The violator, upon conviction, shall be punished by imprisonment in the county jail for a term not to exceed one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. For the purpose of this section, &ldquo;verbal abuse&rdquo; means the repeated use of words, sounds, or other forms of communication by a caretaker, including but not limited to, language, gestures, actions or behaviors, that are calculated to humiliate or intimidate or cause fear, embarrassment, shame, or degradation to the person entrusted to the care of the caretaker.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 194, &sect; 2, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-843.3. Abuse, sexual abuse, exploitation, or neglect of vulnerable adult.&nbsp;</span></p> <p><span class="cls0">A. Any person who engages in abuse, sexual abuse, or exploitation of a vulnerable adult, as defined in Section 10-103 of Title 43A of the Oklahoma Statutes, shall be guilty of a felony. The person, upon conviction, shall be fined not more than Ten Thousand Dollars ($10,000.00) or be imprisoned in the custody of the Department of Corrections for a term of not more than two (2) years, or both such fine and imprisonment.&nbsp;</span></p> <p class="cls5"><span class="cls0">B. Any person who has a responsibility to care for a vulnerable adult as defined by Section 10-103 of Title 43A of the Oklahoma Statutes who purposely, knowingly or recklessly neglects the vulnerable adult shall be guilty of a felony. The person, upon conviction, shall be fined not more than Ten Thousand Dollars ($10,000.00) or be imprisoned in the custody of the Department of Corrections for a term of not more than two (2) years, or both such fine and imprisonment.&nbsp;</span></p> <p class="cls5"><span class="cls0">C. In addition the court shall consider any provision of the Elderly and Incapacitated Victim&rsquo;s Protection Act when the victim is an elderly or incapacitated person as defined by Section 991a-15 of Title 22 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 195, &sect; 1, eff. July 1, 2003. Amended by Laws 2008, c. 314, &sect; 2, eff. July 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-843.4. Exploitation of elderly or disabled adult.&nbsp;</span></p> <p><span class="cls0">A. As used in this section, &ldquo;exploitation of an elderly person or disabled adult&rdquo; means:&nbsp;</span></p> <p><span class="cls0">1. Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person&rsquo;s or disabled adult&rsquo;s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;stands in a position of trust and confidence with the elderly person or disabled adult, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;has a business relationship with the elderly person or disabled adult, or&nbsp;</span></p> <p><span class="cls0">2. Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person&rsquo;s or disabled adult&rsquo;s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.&nbsp;</span></p> <p><span class="cls0">B. 1. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at One Hundred Thousand Dollars ($100,000.00) or more, the violator commits a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than fifteen (15) years and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00).&nbsp;</span></p> <p><span class="cls0">2. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at less than One Hundred Thousand Dollars ($100,000.00), the violator commits a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than ten (10) years and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00).&nbsp;</span></p> <p><span class="cls0">C. For purposes of this section, &ldquo;elderly person&rdquo; means any person sixty-two (62) years of age or older.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 215, &sect; 1, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-843.5. Child abuse - Child neglect - Child sexual abuse - Child sexual exploitation - Enabling - Penalties.&nbsp;</span></p> <p><span class="cls0">A. Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, &ldquo;child abuse&rdquo; means the willful or malicious abuse, as defined by paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another.&nbsp;</span></p> <p><span class="cls0">B. Any parent or other person who shall willfully or maliciously engage in enabling child abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment. As used in this subsection, &ldquo;enabling child abuse&rdquo; means the causing, procuring or permitting of a willful or malicious act of child abuse, as defined by paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another. As used in this subsection, &ldquo;permit&rdquo; means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of abuse as proscribed by this subsection.&nbsp;</span></p> <p><span class="cls0">C. Any parent or other person who shall willfully or maliciously engage in child neglect shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, &ldquo;child neglect&rdquo; means the willful or malicious neglect, as defined by paragraph 46 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another.&nbsp;</span></p> <p><span class="cls0">D. Any parent or other person who shall willfully or maliciously engage in enabling child neglect shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, &ldquo;enabling child neglect&rdquo; means the causing, procuring or permitting of a willful or malicious act of child neglect, as defined by paragraph 46 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another. As used in this subsection, &ldquo;permit&rdquo; means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of neglect as proscribed by this subsection.&nbsp;</span></p> <p><span class="cls0">E. Any parent or other person who shall willfully or maliciously engage in child sexual abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment, except as provided in Section 51.1a of this title or as otherwise provided in subsection F of this section for a child victim under twelve (12) years of age. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. As used in this section, &ldquo;child sexual abuse&rdquo; means the willful or malicious sexual abuse, as defined by subparagraph b of paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another.&nbsp;</span></p> <p><span class="cls0">F. Any parent or other person who shall willfully or maliciously engage in sexual abuse to a child under twelve (12) years of age shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years nor more than life imprisonment, and by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">G. Any parent or other person who shall willfully or maliciously engage in enabling child sexual abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, &ldquo;enabling child sexual abuse&rdquo; means the causing, procuring or permitting of a willful or malicious act of child sexual abuse, as defined by subparagraph b of paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under the age of eighteen (18) by another. As used in this subsection, &ldquo;permit&rdquo; means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual abuse as proscribed by this subsection.&nbsp;</span></p> <p><span class="cls0">H. Any parent or other person who shall willfully or maliciously engage in child sexual exploitation shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment except as provided in subsection I of this section for a child victim under twelve (12) years of age. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. As used in this subsection, &ldquo;child sexual exploitation&rdquo; means the willful or malicious sexual exploitation, as defined by subparagraph c of paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another.&nbsp;</span></p> <p><span class="cls0">I. Any parent or other person who shall willfully or maliciously engage in sexual exploitation of a child under twelve (12) years of age shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years nor more than life imprisonment, and by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">J. Any parent or other person who shall willfully or maliciously engage in enabling child sexual exploitation shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, &ldquo;enabling child sexual exploitation&rdquo; means the causing, procuring or permitting of a willful or malicious act of child sexual exploitation, as defined by subparagraph c of paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another. As used in this subsection, &ldquo;permit&rdquo; means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual exploitation as proscribed by this subsection.&nbsp;</span></p> <p><span class="cls0">K. Notwithstanding any other provision of law, any parent or other person convicted of forcible anal or oral sodomy, rape, rape by instrumentation, or lewd molestation of a child under fourteen (14) years of age subsequent to a previous conviction for any offense of forcible anal or oral sodomy, rape, rape by instrumentation, or lewd molestation of a child under fourteen (14) years of age shall be punished by death or by imprisonment for life without parole.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 53, &sect; 1, emerg. eff. May 8, 1963. Amended by Laws 1975, c. 250, &sect; 2, emerg. eff. June 2, 1975; Laws 1977, c. 172, &sect; 1, eff. Oct. 1, 1977; Laws 1982, c. 7, &sect; 1, operative Oct. 1, 1982; Laws 1989, c. 348, &sect; 12, eff. Nov. 1, 1989; Laws 1990, c. 224, &sect; 5, eff. Sept. 1, 1990; Laws 1995, c. 353, &sect; 15, eff. Nov. 1, 1995. Renumbered from Title 21, &sect; 843 by Laws 1995, c. 353, &sect; 20, eff. Nov. 1, 1995. Amended by Laws 1996, c. 200, &sect; 15, eff. Nov. 1, 1996; Laws 1997, c. 133, &sect; 127, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 57, eff. July 1, 1999; Laws 2000, c. 291, &sect; 1, eff. Nov. 1, 2000; Laws 2002, c. 455, &sect; 7, emerg. eff. June 5, 2002; Laws 2006, c. 326, &sect; 1, eff. July 1, 2006; Laws 2007, c. 325, &sect; 1, eff. Nov. 1, 2007; Laws 2008, c. 3, &sect; 5, emerg. eff. Feb. 28, 2008. Renumbered from &sect; 7115 of Title 10 by Laws 2009, c. 233, &sect; 207, emerg. eff. May 21, 2009. Amended by Laws 2010, c. 278, &sect; 18, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2007, c. 261, &sect; 1 repealed by Laws 2008, c. 3, &sect; 6, emerg. eff. Feb. 28, 2008. Laws 2010, c. 23, &sect; 1 repealed by Laws 2011, c. 1, &sect; 13, emerg. eff. March 18, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-843.6. Payment of costs by defendant upon conviction.&nbsp;</span></p> <p><span class="cls0">A. 1. In addition to any other costs which a court is authorized to require a defendant to pay, upon conviction of any offense involving child abuse or neglect, the court may require that the defendant pay court-appointed attorney fees for the child to any local or state agency incurring the cost or any other person or entity providing services to or on behalf of the child, and the cost of any medical examinations conducted on the child in order to determine the nature or extent of the abuse or neglect.&nbsp;</span></p> <p><span class="cls0">2. If the court determines that the defendant has the ability to pay all or part of the costs, the court may set the amount to be reimbursed and order the defendant to pay that sum to the local or state agency or other person or entity incurring the cost in the manner in which the court believes reasonable and compatible with the defendant's financial ability.&nbsp;</span></p> <p><span class="cls0">3. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.&nbsp;</span></p> <p><span class="cls0">B. 1. In addition to any other costs which a court is authorized to require a defendant to pay, upon conviction of any offense involving sexual abuse, the court may require that the defendant pay, to the local or state agency incurring the cost, the cost of any medical examinations conducted on the child for the collection and preservation of evidence.&nbsp;</span></p> <p><span class="cls0">2. If the court determines that the defendant has the ability to pay all or part of the cost of the medical examination, the court may set the amount to be reimbursed and order the defendant to pay that sum to the local or state agency incurring the cost, in the manner in which the court believes reasonable and compatible with the defendant's financial ability.&nbsp;</span></p> <p><span class="cls0">3. In making the determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.&nbsp;</span></p> <p><span class="cls0">4. In no event shall a court penalize an indigent defendant by imposing an additional period of imprisonment in lieu of payment.&nbsp;</span></p> <p><span class="cls0">C. 1. The court shall require the defendant to pay, upon conviction of any offense involving the sexual or physical abuse of a child, for the psychological evaluation to determine the extent of counseling necessary for the victim of the abuse and any necessary psychological counseling deemed necessary to rehabilitate the child.&nbsp;</span></p> <p><span class="cls0">2. Such evaluations and counseling may be performed by psychiatrists, psychologists, licensed professional counselors or social workers. The results of the examination shall be included in the court records and in information contained in the central registry.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 353, &sect; 14, eff. Nov. 1, 1995. Amended by Laws 1998, c. 416, &sect; 20, eff. Nov. 1, 1998. Renumbered from &sect; 7114 of Title 10 by Laws 2009, c. 233, &sect; 206, emerg. eff. May 21, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-843.7. Appointment of representatives for child.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s health or safety made pursuant to this section.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s health or safety made pursuant to this section including but not limited to, information authorized by the Oklahoma Children&rsquo;s Code and the Oklahoma Juvenile Code.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 353, &sect; 12, eff. Nov. 1, 1995. Amended by Laws 1996, c. 200, &sect; 14, eff. Nov. 1, 1996; Laws 1999, c. 396, &sect; 11, emerg. eff. June 10, 1999. Renumbered from &sect; 7112 of Title 10 by Laws 2009, c. 233, &sect; 205, emerg. eff. May 21, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-844. Ordinary force as means of discipline not prohibited.&nbsp;</span></p> <p><span class="cls0">Provided, however, that nothing contained in this Act shall prohibit any parent, teacher or other person from using ordinary force as a means of discipline, including but not limited to spanking, switching or paddling.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 53, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-845. Renumbered as &sect; 7102 of Title 10 by Laws 1995, c. 353, &sect; 20, eff. Nov. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;21-846. Renumbered as &sect; 7103 of Title 10 by Laws 1995, c. 353, &sect; 20, eff. Nov. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;21-846.1. Renumbered as &sect; 7104 of Title 10 by Laws 1995, c. 353, &sect; 20, eff. Nov. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;21-847. Renumbered as &sect; 7105 of Title 10 by Laws 1995, c. 353, &sect; 20, eff. Nov. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;21-848. Renumbered as &sect; 7113 of Title 10 by Laws 1995, c. 353, &sect; 20, eff. Nov. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;21849. Wiring or equipping of vehicles or structures with explosives a felony.&nbsp;</span></p> <p><span class="cls0">Every person who shall attach to, or place in or upon any motor vehicle or any vehicle designed or customarily used to transport a person or persons or any structure designed or customarily used for the occupancy of a person or persons, any explosive material, thing or device with the intent of causing bodily injury or death to any person shall be guilty of a felony, and, upon conviction therefor, shall suffer punishment by imprisonment for a period of time of not less than five (5) years, or imprisonment in the State Penitentiary for life, at the discretion of the court or the jury trying the same.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 101, &sect; 1, emerg. eff. April 1, 1968. Amended by Laws 1997, c. 133, &sect; 248, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 152, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 248 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-850. Malicious intimidation or harassment because of race, color, religion, ancestry, national origin or disability Standardized reporting system.&nbsp;</span></p> <p><span class="cls0">A. No person shall maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, national origin or disability:&nbsp;</span></p> <p><span class="cls0">1. Assault or batter another person;&nbsp;</span></p> <p><span class="cls0">2. Damage, destroy, vandalize or deface any real or personal property of another person; or&nbsp;</span></p> <p><span class="cls0">3. Threaten, by word or act, to do any act prohibited by paragraph 1 or 2 of this subsection if there is reasonable cause to believe that such act will occur.&nbsp;</span></p> <p><span class="cls0">B. No person shall maliciously and with specific intent to incite or produce, and which is likely to incite or produce, imminent violence, which violence would be directed against another person because of that person's race, color, religion, ancestry, national origin or disability, make or transmit, cause or allow to be transmitted, any telephonic, computerized, or electronic message.&nbsp;</span></p> <p><span class="cls0">C. No person shall maliciously and with specific intent to incite or produce, and which is likely to incite or produce, imminent violence, which violence would be directed against another person because of that person's race, color, religion, ancestry, national origin or disability, broadcast, publish, or distribute, cause or allow to be broadcast, published or distributed, any message or material.&nbsp;</span></p> <p><span class="cls0">D. Any person convicted of violating any provision of subsections A, B or C of this section shall be guilty of a misdemeanor on a first offense and a felony punishable by not more than ten (10) years incarceration in the custody of the Department of Corrections for a second or subsequent offense. The fine for a felony violation of this section shall not exceed Ten Thousand Dollars ($10,000.00). Furthermore, said person shall be civilly liable for any damages resulting from any violation of this section.&nbsp;</span></p> <p><span class="cls0">E. Upon conviction, any person guilty of a misdemeanor in violation of this section shall be punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a period of not more than one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">F. The Oklahoma State Bureau of Investigation shall develop a standard system for state and local law enforcement agencies to report incidents of crime which are apparently directed against members of racial, ethnic, religious groups or other groups specified by this section. The Oklahoma State Bureau of Investigation shall promulgate rules, regulations and procedures necessary to develop, implement and maintain a standard system for the collection and reporting of hate crime data. All state, county, city and town law enforcement agencies shall submit a monthly report to the Oklahoma State Bureau of Investigation on forms prescribed by the Bureau. The report shall contain the number and nature of the offenses committed within their respective jurisdictions, the disposition of such matters and any other information the Bureau may require, respecting information relating to the cause and prevention of crime, recidivism, the rehabilitation of criminals and the proper administration of criminal justice.&nbsp;</span></p> <p><span class="cls0">G. No person, partnership, company or corporation that installs telephonic, computerized, or electronic message equipment shall be required to monitor the use of such equipment for possible violations of this section, nor shall such person, partnership, company or corporation be held criminally or civilly liable for the use by another person of the equipment in violation of this section, unless the person, partnership, company or corporation that installed the equipment had prior actual knowledge that the equipment was to be used in violation of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 48, &sect; 1, emerg. eff. April 24, 1987. Amended by Laws 1989, c. 68, &sect; 1, emerg. eff. April 13, 1989; Laws 1990, c. 73, &sect; 1, emerg. eff. April 16, 1990; Laws 1992, c. 82, &sect; 1, eff. Sept. 1, 1992; Laws 1997, c. 133, &sect; 249, eff. July 1, 1999; Laws 1998, c. 330, &sect; 1, eff. Nov. 1, 1998; Laws 1998, 1st Ex. Sess., c. 2, &sect; 7, emerg. eff. June 19, 1998; Laws 1999, 1st Ex. Sess., c. 5, &sect; 153, eff. July 1, 1999; Laws 2001, c. 45, &sect; 1, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 249 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-851. Desertion of children under age of ten a felony.&nbsp;</span></p> <p><span class="cls0">Any parent of any child or children under the age of ten (10) years, and every person to whom such child or children have been confided for nurture or education, who deserts such child or children within the State of Oklahoma, or takes such child or children without the State of Oklahoma, with the intent wholly to abandon it shall be deemed guilty of a felony and, upon conviction thereof shall be punished by imprisonment in the State Penitentiary for any period of time not less than one (1) year nor more than ten (10) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2433. Amended by Laws 1923, c. 78, p. 143, &sect; 1, emerg. eff. March 28, 1923; Laws 1997, c. 133, &sect; 250, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 154, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 250 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-852. Omission to provide for a child - Penalties.&nbsp;</span></p> <p><span class="cls0">A. Unless otherwise provided for by law, any parent, guardian, or person having custody or control of a child as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes who willfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, monetary child support, medical attendance, payment of court-ordered day care or payment of court-ordered medical insurance costs for such child which is imposed by law, upon conviction, is guilty of a misdemeanor; provided, any person obligated to make child support payments who willfully and without lawful excuse becomes delinquent in said child support payments after September 1, 1993, and such delinquent child support accrues without payment by the obligor for a period of one (1) year, or exceeds Five Thousand Dollars ($5,000.00) shall, upon conviction thereof, be guilty of a felony which is punishable in the same manner as any subsequent conviction pursuant to the provisions of this section. Any subsequent conviction pursuant to this section shall be a felony, punishable by imprisonment for not more than four (4) years in the custody of the Department of Corrections or by the imposition of a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. As used in this section, the duty to furnish medical attendance shall mean that the parent or person having custody or control of a child must furnish medical treatment in such manner and on such occasions as an ordinarily prudent person, solicitous for the welfare of a child, would provide; such parent or person having custody or control of a child is not criminally liable for failure to furnish medical attendance for every minor or trivial complaint with which the child may be afflicted.&nbsp;</span></p> <p><span class="cls0">B. Any person who leaves the state to avoid providing necessary food, clothing, shelter, court-ordered monetary child support, or medical attendance for such child, upon conviction, shall be guilty of a felony punishable by imprisonment for not more than four (4) years in the custody of the Department of Corrections or by the imposition of a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. Nothing in this section shall be construed to mean a child is endangered for the sole reason the parent, guardian or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child; provided, that medical care shall be provided where permanent physical damage could result to such child; and that the laws, rules, and regulations relating to communicable diseases and sanitary matters are not violated.&nbsp;</span></p> <p><span class="cls0">D. Nothing contained in this section shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical treatment, to protect the health or welfare of the child.&nbsp;</span></p> <p><span class="cls0">E. Psychiatric and psychological testing and counseling are exempt from the provisions of this section.&nbsp;</span></p> <p><span class="cls0">F. If any parent of a child in cases in which the Department of Human Services is providing services pursuant to Section 237 of Title 56 of the Oklahoma Statutes is determined by the Department to be willfully violating the provisions of this section, the Department may refer the case to the proper district attorney for prosecution. The Department shall provide assistance to the district attorneys in such prosecutions. Any child support or arrears payments made pursuant to this section shall be made payable to the Department and paid through the Centralized Support Registry pursuant to Section 413 of Title 43 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">G. Except for a third or subsequent conviction, all felony convictions herein shall be administered under the provisions of the Community Sentencing Act.&nbsp;</span></p> <p><span class="cls0">H. It is the duty of any parent having legal custody of a child who is an alcohol-dependent person or a drug-dependent person, as such terms are defined by Section 3-403 of Title 43A of the Oklahoma Statutes, to provide for the treatment, as such term is defined by Section 3-403 of Title 43A of the Oklahoma Statutes, of such child. Any parent having legal custody of a child who is an alcohol-dependent person or a drug-dependent person who without having made a reasonable effort fails or willfully omits to provide for the treatment of such child shall be guilty of a misdemeanor. For the purpose of this subsection, the duty to provide for such treatment shall mean that the parent having legal custody of a child must provide for the treatment in such manner and on such occasions as an ordinarily prudent person, solicitous for the welfare of a child, would provide.&nbsp;</span></p> <p><span class="cls0">I. Venue is proper in prosecutions for violations of this section in:&nbsp;</span></p> <p><span class="cls0">1. Any county where the child resides;&nbsp;</span></p> <p><span class="cls0">2. The county in which the court-ordered support was entered or registered pursuant to the provisions of the Uniform Interstate Family Support Act; or&nbsp;</span></p> <p><span class="cls0">3. The county in which the defendant resides.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2434. Amended by Laws 1975, c. 67, &sect; 1, emerg. eff. April 18, 1975; Laws 1983, c. 44, &sect; 1, operative Nov. 1, 1983; Laws 1987, c. 167, &sect; 2, operative July 1, 1987; Laws 1989, c. 348, &sect; 13, eff. Nov. 1, 1989; Laws 1990, c. 165, &sect; 1, eff. July 1, 1990; Laws 1993, c. 173, &sect; 1, eff. Sept. 1, 1993; Laws 1994, c. 132, &sect; 1, eff. Sept. 1, 1994; Laws 1997, c. 6, &sect; 1, eff. Nov. 1, 1997; Laws 1997, c. 133, &sect; 251, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 155, eff. July 1, 1999; Laws 2006, c. 219, &sect; 1; Laws 2008, c. 407, &sect; 14, eff. Nov. 1, 2008; Laws 2009, c. 234, &sect; 121, emerg. eff. May 21, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 251 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-852.1. Child endangerment - Knowingly permitting physical or sexual abuse &ndash; Good-faith reliance on spiritual healing - Penalties.&nbsp;</span></p> <p><span class="cls0">A. A person who is the parent, guardian, or person having custody or control over a child as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, commits child endangerment when the person:&nbsp;</span></p> <p><span class="cls0">1. Knowingly permits physical or sexual abuse of a child;&nbsp;</span></p> <p><span class="cls0">2. Knowingly permits a child to be present at a location where a controlled dangerous substance is being manufactured or attempted to be manufactured as defined in Section 2-101 of Title 63 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">3. Knowingly permits a child to be present in a vehicle when the person knows or should have known that the operator of the vehicle is impaired by or is under the influence of alcohol or another intoxicating substance; or&nbsp;</span></p> <p><span class="cls0">4. Is the driver, operator, or person in physical control of a vehicle in violation of Section 11-902 of Title 47 of the Oklahoma Statutes while transporting or having in the vehicle such child or children.&nbsp;</span></p> <p><span class="cls0">However, it is an affirmative defense to this paragraph if the person had a reasonable apprehension that any action to stop the physical or sexual abuse or deny permission for the child to be in the vehicle with an intoxicated person would result in substantial bodily harm to the person or the child.&nbsp;</span></p> <p><span class="cls0">Nothing in this subsection shall prohibit the prosecution of a person pursuant to the provisions of Section 11-902 or 11-904 of Title 47 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this section shall not apply to any parent, guardian or other person having custody or control of a child for the sole reason that the parent, guardian or other person in good faith selects and depends upon spiritual means or prayer for the treatment or cure of disease or remedial care for such child. This subsection shall in no way limit or modify the protections afforded said child in Section 852 of this title or Section 1-4-904 of Title 10A of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. Any person convicted of violating any provision of this section shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not more than four (4) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 165, &sect; 2, eff. July 1, 1990. Amended by Laws 1997, c. 133, &sect; 252, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 156, eff. July 1, 1999; Laws 2001, c. 225, &sect; 6, eff. July 1, 2001; Laws 2009, c. 143, &sect; 1, eff. July 1, 2009; Laws 2009, c. 234, &sect; 122, emerg. eff. May 21, 2009; Laws 2011, c. 350, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 252 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21853. Desertion of wife or child under 15 a felony.&nbsp;</span></p> <p><span class="cls0">Every person who shall without good cause abandon his wife in destitute or necessitous circumstances and neglect and refuse to maintain or provide for her, or who shall abandon his or her minor child or children under the age of fifteen (15) years and willfully neglect or refuse to maintain or provide for such child or children, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the State Penitentiary for any period of time not less than one (1) year or more than ten (10) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1915, c. 149, &sect; 1. Amended by Laws 1923, c. 78, p. 144, &sect; 2, emerg. eff. March 28, 1923; Laws 1997, c. 133, &sect; 253, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 157, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 253 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21854. Proof of marriage Wife as competent witness Duty of County Attorney to prosecute.&nbsp;</span></p> <p><span class="cls0">No other evidence shall be required to prove marriage of such husband and wife, or that such person is the lawful father or mother of such child or children than is or shall be required to prove such fact in a civil action, and such wife shall be a competent witness to testify in any case brought under this act, and to any and all matters relevant thereto, including the fact of such marriage and the parentage of such child or children. It shall be the mandatory duty of each district attorney of this state to diligently prosecute all persons violating any of the provisions of this chapter (Chapter 31, Title 21 O.S.1951), and in all cases where the evidence is deemed sufficient to justify a prosecution for such violation, any district attorney who shall willfully fail, neglect or refuse to institute criminal proceedings to enforce such provisions, shall be subject to removal from office.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1915, c. 149, &sect; 2; Laws 1949, p. 203, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;21855. Employment of prisoners Disposition of wages Parole on bond Revocation of parole Suspension of sentence Who may inform against violator.&nbsp;</span></p> <p><span class="cls0">Every person convicted under the provisions of this act, upon the confinement of such person at the State Penitentiary, the warden thereof shall put the said convicted person to work at some suitable employment in the State Penitentiary, at a reasonable wage, not to exceed Two Dollars and fifty cents ($2.50), per day, and under such rules and regulations as shall be fixed by the warden of said penitentiary with the approval of the Governor, and such earnings shall, by proper authority, be paid to the said wife, or other person who is in charge of and caring for said child or children.&nbsp;</span></p> <p><span class="cls0">Upon conviction of any person, under the provisions of this act, the Governor may, before or after sentence, parole said person upon the recommendation of the trial judge in whose court he was convicted, upon said person entering into an undertaking in the form provided by the judge of said court, with two or more good and sufficient sureties. Said sureties shall qualify and make a property statement as provided by law, and the said bond shall be approved by the trial judge before said application is made to the Governor, and a certificate that said bond has been approved by the trial judge shall accompany any application made hereunder. Said bond shall be conditioned that the said convicted person shall within ten (10) days from the first day of each month, pay to the clerk of the court where he was convicted such amount as has been fixed by the court for the support of said wife or child or children, which money shall be paid by the clerk of the court as provided herein for wages at the penitentiary.&nbsp;</span></p> <p><span class="cls0">Upon the failure to pay said amount within the time provided for under this act, the said bond shall be liable to pay the sums due. Said money, when paid into the court clerk, shall be paid by said clerk to the wife or to any other person in charge of said minor child or children for the support of said wife or minor child or children.&nbsp;</span></p> <p><span class="cls0">When the terms and conditions of said bond have been violated the said trial judge shall at once notify the Governor, and the Governor may at once revoke said parole and confine said person to the penitentiary under the conditions provided herein, and the makers of said bond shall be liable under the terms and conditions provided in this act, and any person interested may sue on said bond.&nbsp;</span></p> <p><span class="cls0">Upon recommendation as provided herein for parole, the Governor may suspend the sentence under the terms and conditions of this act, and if the terms are broken and the suspension revoked by the Governor, then the time such person is out on suspension of sentence shall not be deducted from the term of sentence. Provided, that no person shall inform against any one violating this act except the wife or guardian of said minor children, or those having said minor children in charge, or any public officer of the county.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1923, c. 78, p. 144, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;21-856. Causing, aiding, abetting or encouraging minor to be delinquent or runaway child, to commit felony or to become involved with criminal street gang.&nbsp;</span></p> <p><span class="cls0">A. 1. Except as otherwise specifically provided by law, every person who shall knowingly or willfully cause, aid, abet or encourage a minor to be, to remain, or to become a delinquent child or a runaway child, upon conviction, shall, for the first offense, be guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">2. For purposes of prosecution under this subsection, a &ldquo;runaway child&rdquo; means an unemancipated minor who is voluntarily absent from the home without a compelling reason, without the consent of a custodial parent or other custodial adult and without the parent or other custodial adult's knowledge as to the child's whereabouts. &ldquo;Compelling reason&rdquo; means imminent danger from incest, a life-threatening situation, or equally traumatizing circumstance. A person aiding a runaway child pursuant to paragraph (4) of subsection (a) of Section 5 of Title 76 of the Oklahoma Statutes or aiding a child based upon a reasonable belief that the child is in physical, mental or emotional danger and with notice to the Department of Human Services or a local law enforcement agency of the location of the child within twelve (12) hours of aiding the child shall not be subject to prosecution under this section.&nbsp;</span></p> <p><span class="cls0">B. Every person convicted of a second or any subsequent violation of this section shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed three (3) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. Every person eighteen (18) years of age or older who shall knowingly or willfully cause, aid, abet, or encourage a minor to commit or participate in committing an act that would be a felony if committed by an adult shall, upon conviction, be guilty of a felony punishable by the maximum penalty allowed for conviction of the offense or offenses which the person caused, aided, abetted, or encouraged the minor to commit or participate in committing.&nbsp;</span></p> <p><span class="cls0">D. Every person who shall knowingly or willfully cause, aid, abet, encourage, solicit, or recruit a minor to participate, join, or associate with any criminal street gang, as defined by subsection F of this section, or any gang member for the purpose of committing any criminal act shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">E. Every person convicted of a second or subsequent violation of subsection D of this section shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than five (5) years nor more than ten (10) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">F. &ldquo;Criminal street gang&rdquo; means any ongoing organization, association, or group of five or more persons that specifically either promotes, sponsors, or assists in, or participates in, and requires as a condition of membership or continued membership, the commission of one or more of the following criminal acts:&nbsp;</span></p> <p><span class="cls0">1. Assault, battery, or assault and battery with a deadly weapon, as defined in Section 645 of this title;&nbsp;</span></p> <p><span class="cls0">2. Aggravated assault and battery as defined by Section 646 of this title;&nbsp;</span></p> <p><span class="cls0">3. Robbery by force or fear, as defined in Sections 791 through 797 of this title;&nbsp;</span></p> <p><span class="cls0">4. Robbery or attempted robbery with a dangerous weapon or imitation firearm, as defined by Section 801 of this title;&nbsp;</span></p> <p><span class="cls0">5. Unlawful homicide or manslaughter, as defined in Sections 691 through 722 of this title;&nbsp;</span></p> <p><span class="cls0">6. The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled dangerous substances, as defined in Section 2-101 et seq. of Title 63 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">7. Trafficking in illegal drugs, as provided for in the Trafficking in Illegal Drugs Act, Section 2-414 of Title 63 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">8. Arson, as defined in Sections 1401 through 1403 of this title;&nbsp;</span></p> <p><span class="cls0">9. The influence or intimidation of witnesses and jurors, as defined in Sections 388, 455 and 545 of this title;&nbsp;</span></p> <p><span class="cls0">10. Theft of any vehicle, as described in Section 1720 of this title;&nbsp;</span></p> <p><span class="cls0">11. Rape, as defined in Section 1111 of this title;&nbsp;</span></p> <p><span class="cls0">12. Extortion, as defined in Section 1481 of this title;&nbsp;</span></p> <p><span class="cls0">13. Transporting a loaded firearm in a motor vehicle, in violation of Section 1289.13 of this title;&nbsp;</span></p> <p><span class="cls0">14. Possession of a concealed weapon, as defined by Section 1289.8 of this title; or&nbsp;</span></p> <p><span class="cls0">15. Shooting or discharging a firearm, as defined by Section 652 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1939, p. 15, &sect; 1. Amended by Laws 1989, c. 157, &sect; 3, emerg. eff. May 8, 1989; Laws 1990, c. 272, &sect; 5, eff. Sept. 1, 1990; Laws 1992, c. 182, &sect; 1, emerg. eff. May 7, 1992; Laws 1993, c. 212, &sect; 1, emerg. eff. May 24, 1993; Laws 1996, c. 196, &sect; 1, eff. July 1, 1996; Laws 1997, c. 133, &sect; 254, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 158, eff. July 1, 1999; Laws 2011, c. 168, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 254 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-856.1. Causing, aiding, abetting or encouraging minor to participate in certain drugrelated crimes.&nbsp;</span></p> <p><span class="cls0">Every person who shall knowingly, intentionally or willfully cause, aid, abet or encourage a minor child to:&nbsp;</span></p> <p><span class="cls0">1. Distribute, dispense, possess or manufacture a controlled dangerous substance, as provided in the Uniform Controlled Dangerous Substances Act, Section 2101 et seq. of Title 63 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">2. Create, distribute, or possess a counterfeit controlled dangerous substance, as defined by Section 2101 of Title 63 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">3. Distribute any imitation controlled substance as defined by Section 2101 of Title 63 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">4. Conspire or participate in any scheme, plan or act for the purposes of avoiding, eluding or evading arrest or detection by law enforcement authorities for crimes involving controlled substances as defined by Section 2101 of Title 63 of the Oklahoma Statutes; or&nbsp;</span></p> <p><span class="cls0">5. Violate any penal provisions of the Uniform Controlled Dangerous Substances Act,&nbsp;</span></p> <p><span class="cls0">shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term not more than twenty (20) years and a fine of not more than Two Hundred Thousand Dollars ($200,000.00). Said sentence shall not be subject to statutory provisions for suspended sentences, or deferred sentences except when the conviction is for a first offense.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 202, &sect; 1, emerg. eff. May 8, 1989. Amended by Laws 1997, c. 133, &sect; 255, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 159, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 255 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-856.2. Harboring endangered runaway child.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person to knowingly and willfully harbour an endangered runaway child. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in a county jail not exceeding one (1) year, or by both such fine and imprisonment. Every person convicted of a second or any subsequent violation shall, upon conviction, be guilty of a felony punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment not exceeding three (3) years, or by both such fine and imprisonment. For purposes of this section, an &ldquo;endangered runaway child&rdquo; means an unemancipated minor who is voluntarily absent from the home for seventy-two (72) hours or more without a compelling reason and without the consent of a custodial parent or other custodial adult or an unemancipated minor who is voluntarily absent from the home without a compelling reason and without the consent of a custodial parent or other custodial adult and the child needs medication or other special services. For purposes of this section, &ldquo;compelling reason&rdquo; shall be defined as provided in Section 856 of Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 196, &sect; 2, eff. July 1, 1996. Amended by Laws 1997, c. 133, &sect; 256, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 160, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 256 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-856.3. Gang related offenses - Condition of membership.&nbsp;</span></p> <p><span class="cls0">Any person who attempts or commits a gang-related offense as a condition of membership in a criminal street gang or while in association with any criminal street gang or gang member shall be guilty of a felony offense. Upon conviction, the violator shall be punished by incarceration in the custody of the Department of Corrections for a term of five (5) years, which shall be in addition to any other penalty imposed. For purposes of this section, &ldquo;criminal street gang&rdquo; is defined by subsection F of Section 856 of Title 21 of the Oklahoma Statutes and &ldquo;gang-related offense&rdquo; means those offenses enumerated in paragraphs 1 through 16 of subsection F of Section 856 of Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 168, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-857. Definitions.&nbsp;</span></p> <p><span class="cls0">1. "Every person," as used in Sections 856, Section 1 of this act, 857, 858.1 and 858.2 of Title 21 of the Oklahoma Statutes, shall include human beings, without regard to their legal or natural relationship to such minor, as well as legal or corporate entities.&nbsp;</span></p> <p><span class="cls0">2. "Minor" or "child," as used in Sections 856, Section 1 of this act, 857, 858.1 and 858.2 of Title 21 of the Oklahoma Statutes, shall include male or female persons who shall not have arrived at the age of eighteen (18) years at the time of the commission of the offense.&nbsp;</span></p> <p><span class="cls0">3. "Encourage," as used in Sections 856, Section 1 of this act, 857, 858.1 and 858.2 of Title 21 of the Oklahoma Statutes, in addition to the usual meaning of the word, shall include a willful and intentional neglect to do that which will directly tend to prevent such act or acts of delinquency on the part of such minor, when the person accused shall have been able to do so.&nbsp;</span></p> <p><span class="cls0">4. "Delinquent child," as used in Sections 856, 857, 858.1 and 858.2 of Title 21 of the Oklahoma Statutes, shall include a minor, as herein defined, who shall have been or is violating any penal statute of this state, or who shall have been or is committing any one or more of the following acts, to wit:&nbsp;</span></p> <p><span class="cls0">(a) Associating with thieves, vicious or immoral persons.&nbsp;</span></p> <p><span class="cls0">(b) Frequenting a house of ill repute.&nbsp;</span></p> <p><span class="cls0">(c) Frequenting any policy shop, or place where any gambling device is operated.&nbsp;</span></p> <p><span class="cls0">(d) Frequenting any saloon, dram shop, still, or any place where intoxicating liquors are manufactured, stored or sold.&nbsp;</span></p> <p><span class="cls0">(e) Possession, carrying, owning or exposing any vile, obscene, indecent, immoral or lascivious photograph, drawing, picture, book, paper, pamphlet, image, device, instrument, figure or object.&nbsp;</span></p> <p><span class="cls0">(f) Willfully, lewdly or lasciviously exposing his or her person, or private parts thereof, in any place, public or private, in such manner as to be offensive to decency, or calculated to excite vicious or lewd thoughts, or for the purpose of engaging in the preparation or manufacture of obscene, indecent or lascivious photographs, pictures, figures or objects.&nbsp;</span></p> <p><span class="cls0">(g) Possessing, transporting, selling, or engaging or aiding or assisting in the sale, transportation or manufacture of intoxicating liquor, or the frequent use of same.&nbsp;</span></p> <p><span class="cls0">(h) Being a runaway from his or her parent or legal guardian.&nbsp;</span></p> <p><span class="cls0">(i) Violating any penal provision of the Uniform Controlled Dangerous Substances Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1939, p. 15, &sect; 2. Amended by Laws 1971, c. 224, &sect; 1; Laws 1989, c. 202, &sect; 2, emerg. eff. May 8, 1989.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-858. Parent or guardian whose child commits crime of possession of firearm on school property - Administrative penalty.&nbsp;</span></p> <p><span class="cls0">Any custodial parent or guardian of a child under eighteen (18) years of age whose child commits the crime of possession of a firearm on school property may be fined not exceeding Two Hundred Dollars ($200.00), or ordered to perform community service not exceeding forty (40) hours or both such fine and community service. To satisfy any community service requirement, the court may give preference to work which benefits the school said child attends. Said penalty shall be an administrative penalty and shall not be recorded on the custodial parent's or guardian's criminal record. The fine shall be payable to the court clerk to be deposited in the court fund. Nothing in this section shall prohibit the filing or prosecution of any criminal charge.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 286, &sect; 1, emerg. eff. May 25, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21858.1. Parent causing, aiding, abetting or encouraging minor to become in need of supervision or dependent or neglected - Punishment - Second or subsequent conviction.&nbsp;</span></p> <p><span class="cls0">A. Any parent or other person who knowingly and willfully:&nbsp;</span></p> <p><span class="cls0">1. causes, aids, abets or encourages any minor to be in need of supervision, or deprived; or&nbsp;</span></p> <p><span class="cls0">2. shall by any act or omission to act have caused, encouraged or contributed to the deprivation, or the need of supervision of the minor, or to such minor becoming deprived, or in need of supervision;&nbsp;</span></p> <p><span class="cls0">shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined a sum not to exceed Five Hundred Dollars ($500.00), or imprisonment in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. Upon a second or succeeding conviction for a violation of this section, the defendant shall be fined not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not to exceed one (1) year, or punished by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 27, &sect; 1. Amended by Laws 1990, c. 272, &sect; 6, eff. Sept. 1, 1990; Laws 1991, c. 335, &sect; 6, emerg. eff. June 15, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21858.2. Neglect by parent of child placed in parent's care by court.&nbsp;</span></p> <p><span class="cls0">In all cases where a minor has been adjudged delinquent, in need of supervision or deprived by a court of competent jurisdiction and such court by order for care or probation, has placed such minor in the care or on probation to the parent, legal guardian, legal custodian of such minor, stepparent or other adult person living in the home, any parent, legal guardian or legal custodian of such minor who shall neglect, fail or refuse to give such minor proper parental care, or to comply with the order for care or probation shall be deemed guilty of a misdemeanor and upon conviction thereof shall, as applicable, be punished as provided in Section 856 or 858.1 of this title.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 27, &sect; 2. Amended by Laws 1990, c. 272, &sect; 7, eff. Sept. 1, 1990; Laws 1991, c. 335, &sect; 7, emerg. eff. June 15, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-858.3. Causing, aiding, abetting or encouraging minor to become delinquent, in need of supervision, or dependent and neglected - Penalty.&nbsp;</span></p> <p><span class="cls0">Any person who knowingly and willfully:&nbsp;</span></p> <p><span class="cls0">1. Causes, aids, abets or encourages a minor to be, to remain or to become delinquent, in need of supervision or dependent and neglected, or&nbsp;</span></p> <p><span class="cls0">2. Omits the performance of any duty, which act or omission causes or tends to cause, aid, abet, or encourage any minor to be delinquent, in need of supervision or dependent and neglected, within the purview of the Oklahoma Children's Code or the Oklahoma Juvenile Code,&nbsp;</span></p> <p><span class="cls0">upon conviction, shall be guilty of a misdemeanor and, as applicable, shall be punished pursuant to the provisions of Section 856, 858.1 or 858.2 of Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 66, &sect; 3, effective Oct. 1, 1971. Amended by Laws 1990, c. 272, &sect; 4, eff. Sept. 1, 1990; Laws 1995, c. 352, &sect; 193, eff. July 1, 1995. Renumbered from &sect; 1144 of Title 10 by Laws 1995, c. 352, &sect; 200, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21861. Procuring an abortion.&nbsp;</span></p> <p><span class="cls0">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 felony punishable by imprisonment in the State Penitentiary for not less than two (2) years nor more than five (5) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2436. Amended by Laws 1961, p. 230, &sect; 1; Laws 1997, c. 133, &sect; 257, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 161, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 257 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21862. Submitting to or soliciting attempt to commit abortion.&nbsp;</span></p> <p><span class="cls0">Every woman who solicits of any person any medicine, drug, or substance whatever, and takes the same, or who submits to any operation, or to the use of any means whatever, with intent thereby to procure a miscarriage, unless the same is necessary to preserve her life, is punishable by imprisonment in the county jail not exceeding one (1) year, or by fine not exceeding One Thousand Dollars ($1,000.00), or by both.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2437. &nbsp;</span></p> <p><span class="cls0">&sect;21863. Concealing stillbirth or death of child.&nbsp;</span></p> <p><span class="cls0">Every woman who endeavors either by herself or by the aid of others to conceal the stillbirth of an issue of her body, which if born alive would be a bastard, or the death of any such issue under the age of two (2) years, is punishable by imprisonment in the county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.&nbsp;</span></p> <p><span class="cls0">&sect;21-865. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this act the terms hereinafter enumerated shall have the following meanings:&nbsp;</span></p> <p><span class="cls0">1. "Child" means an unmarried or unemancipated person under the age of eighteen (18) years;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Child-placing agency&rdquo; means any child welfare agency licensed pursuant to the Oklahoma Child Care Facilities Licensing Act and authorized to place minors for adoption;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Birth parent&rdquo; means a parent of a child being placed for adoption and includes, but is not limited to, a woman who is pregnant or who presents herself as pregnant and who is offering to place her child, born or unborn, for adoption;&nbsp;</span></p> <p><span class="cls0">4. "Person" means any natural person, corporation, association, organization, institution, or partnership;&nbsp;</span></p> <p><span class="cls0">5. "Department" means the Department of Human Services; and&nbsp;</span></p> <p><span class="cls0">6. "Foster home" means a home or other place, other than the home of a parent, relative within the fourth degree, or guardian of the child concerned, wherein a child is received for permanent care, custody and maintenance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 163, &sect; 1. Amended by Laws 2006, c. 253, &sect; 2, eff. July 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-866. Elements of offense.&nbsp;</span></p> <p><span class="cls0">A. 1. The crime of trafficking in children is defined to consist of any of the following acts or any part thereof:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the acceptance, solicitation, offer, payment or transfer of any compensation, in money, property or other thing of value, at any time, by any person in connection with the acquisition or transfer of the legal or physical custody or adoption of a minor child, except as ordered by the court or except as otherwise provided by Section 7505-3.2 of Title 10 of the Oklahoma Statutes,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the acceptance or solicitation of any compensation, in money, property or other thing of value, by any person or organization for services performed, rendered or purported to be performed to facilitate or assist in the adoption or foster care placement of a minor child, except by the Department of Human Services, a child-placing agency licensed in Oklahoma pursuant to the Oklahoma Child Care Facilities Licensing Act, or an attorney authorized to practice law in Oklahoma. The provisions of this paragraph shall not prohibit an attorney licensed to practice law in another state or an out-of-state licensed child-placing agency from receiving compensation when working with an attorney licensed in this state who is, or when working with a child-placing agency licensed in this state which is, providing adoption services or other services necessary for placing a child in an adoptive arrangement,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;bringing or causing to be brought into this state or sending or causing to be sent outside this state any child for the purpose of placing such child in a foster home or for the adoption thereof and thereafter refusing to comply upon request with the Interstate Compact on the Placement of Children. Provided, however, that this provision shall have no application to the parent or guardian of the child nor to a person bringing said child into this state for the purpose of adopting the child into such person's own family,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the solicitation or receipt of any money or any other thing of value for expenses related to the placement of a child for the purpose of an adoption by the birth parent of the child who at the time of the solicitation or receipt had no intent to consent to eventual adoption,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the solicitation or receipt of any money or any other thing of value for expenses related to the placement of a child for adoption by a woman who knows she is not pregnant but who holds herself out to be pregnant and offers to place a child upon birth for adoption,&nbsp;</span></p> <p class="cls3"><span class="cls0">f.&nbsp;&nbsp;(1)&nbsp;&nbsp;the receipt of any money or any other thing of value for expenses related to the placement of a child for adoption by a birth parent, child-placing agency or attorney who receives, from one or more parties, any money or any other thing of value without disclosing to each prospective adoptive parent, child-placing agency, and attorney the receipt of any money or any other thing of value immediately upon receipt,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;the solicitation or receipt of any money or any other thing of value by a birth parent, an attorney or child-placing agency for expenses related to the placement of a child for the purpose of adoption from more than one prospective adoptive family for the adoption of one child. A birth parent, child-placing agency or attorney shall not represent that a child is, or will be, available for adoption to more than one prospective adoptive family at one time,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;advertising of services for compensation to assist with or effect the placement of a child for adoption or for care in a foster home by any person or organization except by the Department of Human Services, or a child-placing agency licensed in this state. Nothing in this paragraph shall prohibit an attorney authorized to practice law in Oklahoma from the advertisement of legal services related to the adoption of children, and&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;advertisements for and solicitation of a woman who is pregnant to induce her to place her child upon birth for adoption, except by a child-placing agency licensed in this state or an attorney authorized to practice law in Oklahoma. Nothing in this section shall prohibit a person from advertising to solicit a pregnant woman to consider adoptive placement with the person or to locate a child for an adoptive placement into the person's own home, provided that such person has received a favorable preplacement home study recommendation in accordance with Section 7505-5.1 of Title 10 of the Oklahoma Statutes, which shall be verified by the signed written statement of the person or agency which performed the home study, and provided that no money or other thing of value is offered as part of such an inducement except as ordered by the court or except as otherwise provided by Section 7505-3.2 of Title 10 of the Oklahoma Statutes.&nbsp;</span></p> <p class="cls2"><span class="cls0">2.&nbsp;&nbsp;a.&nbsp;&nbsp;Except as otherwise provided by this section, the violation of any of the subparagraphs in paragraph 1 of this subsection shall constitute a felony and shall be punishable by imprisonment of up to ten (10) years or a fine of up to Ten Thousand Dollars ($10,000.00) per violation or both such fine and imprisonment.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Prospective adoptive parents who violate subparagraph a of paragraph 1 of this subsection, upon conviction thereof, shall be guilty of a misdemeanor and may be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) per violation.&nbsp;</span></p> <p><span class="cls0">B. 1. No person shall knowingly publish for circulation within the borders of the State of Oklahoma an advertisement of any kind in any print, broadcast or electronic medium, including, but not limited to, newspapers, magazines, telephone directories, handbills, radio or television, which violates subparagraph g or h of paragraph 1 of subsection A of this section.&nbsp;</span></p> <p><span class="cls0">2. Any person violating the provisions of this subsection shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) per violation.&nbsp;</span></p> <p><span class="cls0">C. The payment or acceptance of costs and expenses listed in Section 7505-3.2 of Title 10 of the Oklahoma Statutes shall not be a violation of this section as long as the petitioner or birth parent has complied with the applicable procedure specified in Section 7505-3.2 of Title 10 of the Oklahoma Statutes and such costs and expenses are approved by the court.&nbsp;</span></p> <p><span class="cls0">D. Any person knowingly failing to file an affidavit of all adoption costs and expenses before the final decree of adoption as required by Sections 7505-3.2 and 7505-6.2 of Title 10 of the Oklahoma Statutes shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 164, &sect;2. Amended by Laws 1965, c. 166, &sect; 1, emerg. eff. June 2, 1965; Laws 1985, c. 309, &sect; 1, eff. Nov. 1, 1985; Laws 1987, c. 226, &sect; 10, operative July 1, 1987; Laws 1997, c. 366, &sect; 57, eff. Nov. 1, 1997; Laws 1998, c. 415, &sect; 41, emerg. eff. June 11, 1998; Laws 2006, c. 253, &sect; 3, eff. July 1, 2006; Laws 2009, c. 107, &sect; 4, eff. Nov. 1, 2009; Laws 2011, c. 371, &sect; 9, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-867. Trafficking in children a felony.&nbsp;</span></p> <p><span class="cls0">A. The first conviction of the crime of trafficking in children by any person shall be a felony and punishable by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor for more than three (3) years.&nbsp;</span></p> <p><span class="cls0">B. Conviction of the crime of trafficking in children, subsequent to a prior conviction for such offense in any form, shall be a felony and punishable by imprisonment in the custody of the Department of Corrections for not less than three (3) years. No suspension of judgment or sentence shall be permitted.&nbsp;</span></p> <p><span class="cls0">C. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 164, &sect; 3. Amended by Laws 1985, c. 309, &sect; 2, eff. Nov. 1, 1985; Laws 1997, c. 133, &sect; 258, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 162, eff. July 1, 1999; Laws 2007, c. 261, &sect; 6, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 258 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21868. Partial invalidity.&nbsp;</span></p> <p><span class="cls0">If any provision or section of this act or the application thereof to any person, corporation, organization, association, partnership, or institution shall be held to be invalid or unconstitutional, the remainder of the act and the application of such provision or section to any other person, organization, association, institution, corporation or partnership shall not be affected thereby.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1957, p. 164, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;21869. Construction of act.&nbsp;</span></p> <p><span class="cls0">Except as otherwise set forth or except in case of conflict between the provisions hereof and other law, the provisions of this act shall be cumulative to existing law.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1957, p. 164, &sect; 5. &nbsp;</span></p> <p><span class="cls0">&sect;21871. Adultery defined Who may institute prosecution.&nbsp;</span></p> <p><span class="cls0">Adultery is the unlawful voluntary sexual intercourse of a married person with one of the opposite sex; and when the crime is between persons, only one of whom is married, both are guilty of adultery. Prosecution for adultery can be commenced and carried on against either of the parties to the crime only by his or her own husband or wife as the case may be, or by the husband or wife of the other party to the crime: Provided, that any person may make complaint when persons are living together in open and notorious adultery.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2431. &nbsp;</span></p> <p><span class="cls0">&sect;21872. Punishment for adultery.&nbsp;</span></p> <p><span class="cls0">Any person guilty of the crime of adultery shall be guilty of a felony and punished by imprisonment in the State Penitentiary not exceeding five (5) years or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2432. Amended by Laws 1997, c. 133, &sect; 259, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 163, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 259 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21881. Bigamy defined.&nbsp;</span></p> <p><span class="cls0">Every person who having been married to another who remains living, marries any other person except in the cases specified in the next section is guilty of bigamy.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2439. &nbsp;</span></p> <p><span class="cls0">&sect;21882. Exceptions to the rule of bigamy.&nbsp;</span></p> <p><span class="cls0">The last preceding section does not extend:&nbsp;</span></p> <p><span class="cls0">1. To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,&nbsp;</span></p> <p><span class="cls0">2. To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,&nbsp;</span></p> <p><span class="cls0">3. To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,&nbsp;</span></p> <p><span class="cls0">4. To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2440. &nbsp;</span></p> <p><span class="cls0">&sect;21883. Bigamy a felony.&nbsp;</span></p> <p><span class="cls0">Any person guilty of bigamy shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2441. Amended by Laws 1997, c. 133, &sect; 260, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 164, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 260 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21884. Person marrying bigamist.&nbsp;</span></p> <p><span class="cls0">Any person who knowingly marries the husband or wife of another, in any case in which such husband or wife would be punishable according to the foregoing provisions, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2442. Amended by Laws 1997, c. 133, &sect; 261, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 165, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 261 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-885. Incest.&nbsp;</span></p> <p><span class="cls0">Persons who, being within the degrees of consanguinity within which marriages are by the laws of the state declared incestuous and void, intermarry with each other, or commit adultery or fornication with each other, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2443. Amended by Laws 1997, c. 133, &sect; 262, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 166, eff. July 1, 1999; Laws 2007, c. 261, &sect; 7, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 262 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-886. Crime against nature.&nbsp;</span></p> <p><span class="cls0">Every person who is guilty of the detestable and abominable crime against nature, committed with mankind or with a beast, is punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this 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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2444. Amended by Laws 1992, c. 289, &sect; 1, emerg. eff. May 25, 1992; Laws 1997, c. 133, &sect; 263, eff. July 1, 1999; Laws 1997, c. 333, &sect; 5, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 167, eff. July 1, 1999; Laws 2002, c. 460, &sect; 8, eff. Nov. 1, 2002; Laws 2007, c. 261, &sect; 8, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 263 from July 1, 1998, to July 1, 1999. Laws 1998, 1st Ex. Sess., c. 2, &sect; 25 amended the effective date of Laws 1997, c. 333, &sect; 5 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21887. Crime against nature, what penetration necessary.&nbsp;</span></p> <p><span class="cls0">Any sexual penetration, however slight, is sufficient to complete the crime against nature.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2445. &nbsp;</span></p> <p><span class="cls0">&sect;21-888. See the following versions:&nbsp;</span></p> <p><span class="cls0">OS 21-888v1 (SB 1425, Laws 2002, c. 455, &sect; 4).&nbsp;</span></p> <p><span class="cls0">OS 21-888v2 (HB 2029, Laws 2009, c. 234, &sect; 123).&nbsp;</span></p> <p><span class="cls0">&sect;21-888v1. Forcible sodomy.&nbsp;</span></p> <p><span class="cls0">A. Any person who forces another person to engage in the detestable and abominable crime against nature, pursuant to Section 886 of this title, upon conviction, is guilty of a felony punishable by imprisonment in the State Penitentiary for a period of not more than twenty (20) years, except as provided in Section 3 of this act. Any person convicted of a second violation of this section, where the victim of the second offense is a person under sixteen (16) years of age, shall not be eligible for probation, suspended or deferred sentence.&nbsp;</span></p> <p><span class="cls0">B. The crime of forcible sodomy shall include:&nbsp;</span></p> <p><span class="cls0">1. Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age; or&nbsp;</span></p> <p><span class="cls0">2. Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or&nbsp;</span></p> <p><span class="cls0">3. Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime; or&nbsp;</span></p> <p><span class="cls0">4. Sodomy 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 57, &sect; 1, eff. Oct. 1, 1981. Amended by Laws 1982, c. 11, &sect; 1, operative Oct. 1, 1982; Laws 1990, c. 224, &sect; 1, eff. Sept. 1, 1990; Laws 1992, c. 289, &sect; 2, emerg. eff. May 25, 1992; Laws 1997, c. 133, &sect; 264, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 168, eff. July 1, 1999; Laws 2000, c. 175, &sect; 1, eff. Nov. 1, 2000; Laws 2002, c. 455, &sect; 4, emerg. eff. June 5, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 264 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-888v2. Forcible sodomy.&nbsp;</span></p> <p><span class="cls0">A. Any person who forces another person to engage in the detestable and abominable crime against nature, pursuant to Section 886 of this title, upon conviction, is guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a period of not more than twenty (20) years. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. Any person convicted of a second violation of this section, where the victim of the second offense is a person under sixteen (16) years of age, shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of this section, where the victim of the third or subsequent offense is a person under sixteen (16) years of age, shall be punished 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, a violation of Section 1123 of this title or 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 said offenses, shall be punished by imprisonment in the custody of the Department of Corrections for a term of life or life without parole.&nbsp;</span></p> <p><span class="cls0">B. The crime of forcible sodomy shall include:&nbsp;</span></p> <p><span class="cls0">1. Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age; or&nbsp;</span></p> <p><span class="cls0">2. Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or&nbsp;</span></p> <p><span class="cls0">3. Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime; or&nbsp;</span></p> <p><span class="cls0">4. Sodomy 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&nbsp;</span></p> <p><span class="cls0">5. Sodomy committed upon a person who is at least sixteen (16) years of age but less than twenty (20) years of age and is a student of any public or private secondary school, junior high or high school, or public vocational school, with a person who is eighteen (18) years of age or older and is employed by the same school system.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 57, &sect; 1. Amended by Laws 1982, c. 11, &sect; 1, operative Oct. 1, 1982; Laws 1990, c. 224, &sect; 1, eff. Sept. 1, 1990; Laws 1992, c. 289, &sect; 2, emerg. eff. May 25, 1992; Laws 1997, c. 133, &sect; 264, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 168, eff. July 1, 1999; Laws 2000, c. 175, &sect; 1, eff. Nov. 1, 2000; Laws 2002, c. 460, &sect; 9, eff. Nov. 1, 2002; Laws 2006, c. 62, &sect; 4, emerg. eff. April 17, 2006; Laws 2007, c. 261, &sect; 9, eff. Nov. 1, 2007; Laws 2009, c. 234, &sect; 123, emerg. eff. May 21, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 264 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-891. Child stealing - Penalty.&nbsp;</span></p> <p><span class="cls0">Whoever maliciously, forcibly or fraudulently takes or entices away any child under the age of sixteen (16) years, with intent to detain or conceal such child from its parent, guardian or other person having the lawful charge of such child or to transport such child from the jurisdiction of this state or the United States without the consent of the person having lawful charge of such child shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years.&nbsp;</span></p> <p><span class="cls0">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 and the offense involved sexual abuse or sexual exploitation, 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.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2435. Amended by Laws 1997, c. 133, &sect; 265, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 169, eff. July 1, 1999; Laws 2000, c. 370, &sect; 13, eff. July 1, 2000; Laws 2007, c. 261, &sect; 10, eff. Nov. 1, 2007; Laws 2008, c. 438, &sect; 1, eff. July 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 265 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21901. Blasphemy defined.&nbsp;</span></p> <p><span class="cls0">Blasphemy consists in wantonly uttering or publishing words, casting contumelious reproach or profane ridicule upon God, Jesus Christ, the Holy Ghost, the Holy Scriptures or the Christian or any other religion.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2398. &nbsp;</span></p> <p><span class="cls0">&sect;21902. Serious discussion not blasphemy.&nbsp;</span></p> <p><span class="cls0">If it appears beyond reasonable doubt that the words complained of were used in the course of serious discussion, and with intent to make known or recommend opinions entertained by the accused, such words are not blasphemy.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2399. &nbsp;</span></p> <p><span class="cls0">&sect;21903. Blasphemy a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Blasphemy is a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2400. &nbsp;</span></p> <p><span class="cls0">&sect;21904. Profane swearing.&nbsp;</span></p> <p><span class="cls0">Profane swearing consists in any use of the name of God, or Jesus Christ, or the Holy Ghost, either in imprecating divine vengeance upon the utterer, or any other person, or in light, trifling or irreverent speech.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2401. &nbsp;</span></p> <p><span class="cls0">&sect;21905. Punishment for profane swearing.&nbsp;</span></p> <p><span class="cls0">Every person guilty of profane swearing is punishable by a fine of One Dollar ($1.00) for each offense.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2402. &nbsp;</span></p> <p><span class="cls0">&sect;21906. Obscene language a misdemeanor, when.&nbsp;</span></p> <p><span class="cls0">If any person shall utter or speak any obscene or lascivious language or word in any public place, or in the presence of females, or in the presence of children under ten (10) years of age, he shall be liable to a fine of not more than One Hundred Dollars ($100.00), or imprisonment for not more than thirty (30) days, or both.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2403. &nbsp;</span></p> <p><span class="cls0">&sect;21907. Sunday to be observed.&nbsp;</span></p> <p><span class="cls0">The first day of the week being by very general consent set apart for rest and religious uses, the law forbids to be done on that day certain acts deemed useless and serious interruptions of the repose and religious liberty of the community. Any violation of this prohibition is Sabbathbreaking.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2404. &nbsp;</span></p> <p><span class="cls0">&sect;21908. Sabbath-breaking defined.&nbsp;</span></p> <p><span class="cls0">The following are the acts forbidden to be done on the first day of the week, the doing of any of which is Sabbath-breaking:&nbsp;</span></p> <p><span class="cls0">1. Servile labor, except works of necessity or charity.&nbsp;</span></p> <p><span class="cls0">2. Trades, manufactures, and mechanical employment.&nbsp;</span></p> <p><span class="cls0">3. All horse racing or gaming except as authorized by the Oklahoma Horse Racing Commission pursuant to the provisions of the Oklahoma Horse Racing Act.&nbsp;</span></p> <p><span class="cls0">4. All manner of public selling, or offering or exposing for sale publicly, of any commodities, except that meats, bread, fish, and all other foods may be sold at any time, and except that food and drink may be sold to be eaten and drank upon the premises where sold, and drugs, medicines, milk, ice, and surgical appliances and burial appliances and all other necessities may be sold at any time of the day.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2405. Amended by Laws 1913, c. 204, p. 456, &sect; 1; Laws 1949, p. 204, &sect; 1; Laws 1983, c. 11, &sect; 36, emerg. eff. March 22, 1983; Laws 1996, c. 191, &sect; 1, emerg. eff. May 16, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21909. Persons observing other day as holy.&nbsp;</span></p> <p><span class="cls0">It is a sufficient defense in proceedings for servile labor on the first day of the week, to show that the accused uniformly keeps another day of the week as holy time, and does not labor upon that day, and that the labor complained of was done in such manner as not to interrupt or disturb other persons in observing the first day of the week as holy time.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2406. &nbsp;</span></p> <p><span class="cls0">&sect;21911. Punishment for Sabbathbreaking.&nbsp;</span></p> <p><span class="cls0">Every person guilty of Sabbathbreaking is punishable by a fine of not more than Twentyfive Dollars ($25.00) for each offense.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2408. &nbsp;</span></p> <p><span class="cls0">&sect;21912. Malicious service of process or adjournment of trial.&nbsp;</span></p> <p><span class="cls0">Whoever maliciously procures any process in a civil action to be served on Saturday upon any person who keeps Saturday as holy time, and does not labor on that day, or serves upon him any process returnable on that day, or maliciously procures any civil action to which such person is a party to be adjourned to that day for trial, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2409. &nbsp;</span></p> <p><span class="cls0">&sect;21913. Compelling form of belief.&nbsp;</span></p> <p><span class="cls0">Any willful attempt, by means of threats or violence to compel any person to adopt, practice or profess any particular form of religious belief, is a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2410. &nbsp;</span></p> <p><span class="cls0">&sect;21914. Preventing religious act.&nbsp;</span></p> <p><span class="cls0">Every person who willfully prevents, by threats or violence, another person from performing any lawful act enjoined upon or recommended to such person by the religion which he professes, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2411. &nbsp;</span></p> <p><span class="cls0">&sect;21915. Disturbing religious meeting.&nbsp;</span></p> <p><span class="cls0">Every person who willfully disturbs, interrupts or disquiets any assemblage of people met for religious worship, by any of the acts or things hereinafter enumerated, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2412. &nbsp;</span></p> <p><span class="cls0">&sect;21916. Definition of disturbance.&nbsp;</span></p> <p><span class="cls0">The following are the acts deemed to constitute disturbance of a religious meeting:&nbsp;</span></p> <p><span class="cls0">1. Uttering any profane discourse, committing any rude or indecent act, or making any unnecessary noise, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting.&nbsp;</span></p> <p><span class="cls0">2. Exhibiting, within one (1) mile, any shows or plays without a license by the proper authority.&nbsp;</span></p> <p><span class="cls0">3. Engaging in, or aiding or promoting within the like distance, any racing of animals or gaming of any description.&nbsp;</span></p> <p><span class="cls0">4. Obstructing in any manner, without authority of law, within the like distance, the free passage along any highway to the place of such meeting.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2413. &nbsp;</span></p> <p><span class="cls0">&sect;21917. Motor vehicle defined Antique, classic, or special interest automobile defined.&nbsp;</span></p> <p><span class="cls0">A. The term "motor vehicle" as used in this act shall mean every vehicle intended primarily for use and operation on the public highways, which is selfpropelled; and every vehicle intended primarily for operation on the public highways which is not driven or propelled by its own power, but which is designed either to be attached to or become a part of a selfpropelled vehicle; but not including farm tractors and other machines and tools used in the production, harvesting and care of farm products.&nbsp;</span></p> <p><span class="cls0">B. The term "antique, classic, or special interest automobile" as used in Section 918 of this title shall mean a motor vehicle which only travels on the highways of this state primarily for historical or exhibition purposes.&nbsp;</span></p> <p class="cls1"><span class="cls0">Amended by Laws 1985, c. 18, &sect; 1, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;21-918. Sale, barter or exchange of motor vehicles on Sunday prohibited - Activities exempt.&nbsp;</span></p> <p><span class="cls0">No person, firm or corporation, whether owner, proprietor, agent or employee, shall keep open, operate or assist in keeping open or operating any place or premises or residences whether open or closed, for the purpose of selling, bartering, or exchanging, or offering for sale, barter, or exchange, any motor vehicle or motor vehicles, whether new, used or second hand, on the first day of the week, commonly called Sunday, except as otherwise provided in this section; and provided, however, that this act shall not apply to the opening of an establishment or place of business on the first day of the week for other purposes, such as the sale of petroleum products, tires, automobile accessories, or for the purpose of operating and conducting a motor vehicle repair shop, or for the purpose of supplying such services as towing or wrecking. Antique, classic, or special interest automobiles sold, bartered, auctioned, or exchanged by any person, firm, or corporation are exempt from the provisions of this section, as well as off-premise sales of new motorized recreational vehicles approved by the Oklahoma Motor Vehicle Commission pursuant to the provisions of the Recreational Vehicle Franchise Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 210, &sect;2. Amended by Laws 1985, c. 18, &sect; 2, eff. Nov. 1, 1985; Laws 2005, c. 228, &sect; 1, eff. Nov. 1, 2005; Laws 2011, c. 272, &sect; 19, eff. Jan. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21919. Penalties.&nbsp;</span></p> <p><span class="cls0">Any person, firm, partnership, or corporation who violates any of the provisions of this act shall be guilty of a misdemeanor, and upon each conviction thereof, shall be punished by a fine of not less than Seventyfive Dollars ($75.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period not to exceed six (6) months, or the court, in its discretion, may suspend or revoke the Oklahoma motor vehicle dealer's license issued under the provisions of 47 O.S.1951 Sec. 22.15, or by such fine and imprisonment and suspension or revocation.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1959, p. 210, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;21931. Fees for fortune telling prohibited.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person or persons, pretending or professing to tell fortunes by the use of any subtle craft, means or device whatsoever, either by palmistry, clairvoyancy or otherwise, plying his or her trade, art or profession within the State of Oklahoma, to make any charge therefor either directly or indirectly or to receive any gift, donation or subscription by any means whatsoever for the same.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1915, c. 59, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;21932. Penalty.&nbsp;</span></p> <p><span class="cls0">Every person or persons violating the provisions of the foregoing section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail for a period of not less than thirty (30) days nor more than six (6) months.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1915, c. 59, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;21941. Opening, conducting or carrying on gambling game Dealing for those engaged in game.&nbsp;</span></p> <p><span class="cls0">Except as provided in the Oklahoma Charity Games Act, every person who opens, or causes to be opened, or who conducts, whether for hire or not, or carries on either poker, roulette, craps or any banking or percentage, or any gambling game played with dice, cards or any device, for money, checks, credits, or any representatives of value, or who either as owner or employee, whether for hire or not, deals for those engaged in any such game, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine of not less than Five Hundred Dollars ($500.00), nor more than Two Thousand Dollars ($2,000.00), and by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than ten (10) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1916, c. 26, p. 54, &sect; 1, emerg. eff. Jan. 29, 1916. Amended by Laws 1992, c. 328, &sect; 29, eff. Dec. 1, 1992, and adopted by State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992. Amended by Laws 1997, c. 133, &sect; 266, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 170, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 266 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21942. Betting on or playing prohibited game Punishment.&nbsp;</span></p> <p><span class="cls0">Any person who bets or plays at any of said prohibited games, or who shall bet or play at any games whatsoever, for money, property, checks, credits or other representatives of value with cards, dice or any other device which may be adapted to or used in playing any game of chance or in which chance is a material element, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than Twentyfive Dollars ($25.00), nor more than One Hundred Dollars ($100.00), or by imprisonment in the county jail for a term of not less than one (1) day, nor more than thirty (30) days, or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1916, c. 26, p. 55, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;21943. Gambling paraphernalia Disposition.&nbsp;</span></p> <p><span class="cls0">The magistrate or justice of the peace to whom anything suitable to be used for gambling purposes, or furniture or equipment used in a place conducted in violation of this Act is delivered, as provided by law shall, upon the examination of the accused, or if such examination is delayed, or prevented, without awaiting such examination, determine the character of the thing so delivered to him and whether it was actually intended or employed by the accused or others in violation of the provisions of this article; and if he finds that it is of a character suitable to be used for gambling purposes, and that it was actually employed or intended to be used by the accused or others, in violation of the provisions of this Article, he shall so find and cause the same to be delivered to the sheriff to await the order of the district court. Provided, that any of the furniture or equipment susceptible of legitimate use, may be sold and the proceeds thereof placed in the court fund of said county, and that any money so found by the officers shall be placed in the court fund of the county.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1916, c. 26, p. 55, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;21944. Slot machines Setting up, operating or conducting Punishment.&nbsp;</span></p> <p><span class="cls0">Any person who sets up, operates or conducts, or who permits to be set up, operated or conducted in or about his place of business, whether as owner, employee or agent, any slot machine for the purpose of having or allowing the same to be placed by others for money, property, checks, credits or any representative of value shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Twentyfive Dollars ($25.00), nor more than One Hundred Dollars ($100.00); or by imprisonment in the county jail for a term of not more than thirty (30) days, or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1916, c. 26, p. 56, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;21945. Use of real estate or buildings for gambling purposes Punishment Liens Liability on official bond of receivers, etc. Invalidity of leases.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for the owner or owners of any real estate, buildings, structure or room to use, rent, lease or permit, knowingly, the same to be used for the purpose of violating Section 1 of this act. Any person who shall violate the provisions of this section shall be liable to a penalty of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each offense, to be recovered at the suit of the state. The penalty so recovered shall become a lien on the property and premises to be used, leased or rented in violation of this act from and after the date of the filing of the suit to recover such penalty, and the filing of a notice of the pendency of such suit with the county clerk of the county wherein said property is located, and upon final judgment said property may be sold as upon execution to satisfy the same, together with the cost of suit; provided, however, that such lien shall not attach to property under the control of any receiver, trustee, guardian or administrator appointed by a court of competent jurisdiction; but in such case, the receiver, trustee, guardian or administrator shall be liable on his official bond for the penalty so incurred and in addition thereto shall be guilty of a misdemeanor. Each day such property is so used, leased or rented for any such unlawful purpose shall constitute a separate offense, and the penalty herein prescribed shall be recovered for each and every day. All leases between landlords and tenants, under which any tenant shall use the premises for the purpose of violating any provisions of this act shall be wholly null and void, and the landlord may recover possession thereof, as in forcible entry and detainer.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1916, c. 26, p. 56, &sect; 5. &nbsp;</span></p> <p><span class="cls0">&sect;21946. Illegal use of building Nuisance Penalty.&nbsp;</span></p> <p><span class="cls0">Any house, room or place where any of the games prohibited by Section 941 of this title are opened, conducted or carried on, or where persons congregate to play at any such games is a public nuisance and the keepers and managers of any such nuisance, and persons aiding or assisting any such keepers or managers in keeping or managing any such nuisance shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Ten Thousand Dollars ($10,000.00) or by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than ten (10) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1916, c. 26, p. 57, &sect; 6, emerg. eff. Jan. 29, 1916. Amended by Laws 1997, c. 133, &sect; 267, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 171, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 267 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21947. Dice or other game at cigar stand, etc. Punishment for permitting.&nbsp;</span></p> <p><span class="cls0">Any owner, proprietor, manager or person in charge of any cigar stand, hotel lobby, store or place where articles are kept for sale, who shall suffer, allow or permit any person to throw or shake or play dice, or any other game, scheme or device of chance, at or in such cigar stand, hotel lobby, store or place, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than Twentyfive Dollars ($25.00) nor more than One Hundred Dollars ($100.00).&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1916, c. 26, p. 58, &sect; 7. &nbsp;</span></p> <p><span class="cls0">&sect;21948. Officers Illegal gambling Collusion Penalties.&nbsp;</span></p> <p><span class="cls0">Any state, district, city, town, county or township officer who shall engage or participate in, or who shall assist or encourage any other person or persons in any kind of illegal gambling, whether the same be by cards, dice, dominoes, billiards or any game of chance or a gambling device, by betting money, property or other things of value in such game of chance, or gambling device, such officer shall be deemed guilty of a felony, and upon conviction shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Ten Thousand Dollars ($10,000.00), or by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than ten (10) years, and such judgment of conviction shall carry with it an immediate removal from office and a disqualification to hold any office of profit or trust in the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1916, c. 26, p. 58, &sect; 8, emerg. eff. Jan. 29, 1916. Amended by Laws 1993, c. 305, &sect; 2, eff. July 1, 1993; Laws 1997, c. 133, &sect; 268, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 172, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 268 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-949. Repealed by Laws 2006, c. 62, &sect; 6, emerg. eff. April 17, 2006.&nbsp;</span></p> <p><span class="cls0">&sect;21950. Officers receiving consideration for protection against arrest or conviction Issuance of license, permit, etc., prohibited.&nbsp;</span></p> <p><span class="cls0">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 be deemed guilty of a felony.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1916, c. 26, p. 59, &sect; 10, emerg. eff. Jan. 29, 1916. Amended by Laws 1997, c. 133, &sect; 269, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 269 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21951. Investigation of alleged violations of act.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of any judge of any court of record, upon the written request of the district attorney, or upon the sworn complaint of any other person, to issue subpoenas for any witness that may have knowledge of the violation of any provision of this act, and such judge shall have the power and it shall be his duty to compel such witness to appear before him and give testimony and produce any books or papers that will aid or assist in the prosecution of such investigation and inquiry into any violation of any provision of this act; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence. The testimony of each witness shall be reduced to writing by said judge, or by some person designated by him, and the same shall be signed by such witness. No person shall disclose any evidence so taken, nor disclose the name of any person so subpoenaed and examined, except when lawfully reguired to testify as a witness in relation thereto; and the unlawful disclosure, by any person, of any such evidence or of any matter or thing concerning such examination shall be a misdemeanor. Should said judge be unable to hold and conduct such inquiry and investigation for want of time, he may appoint a special judge who shall possess the qualifications and have the power in respect to such matters as the judge of the district court. Should any witness refuse to appear before such judge, in obedience to such subpoena, or refuse to produce any books or papers when lawfully required so to do, or having appeared, shall refuse to answer any proper question, or sign his testimony when so required, it shall be the duty of such judge to commit such person to the county jail until he shall consent to obey such orders and command of such judge in the premises, and in addition thereto such person may be punished, as for contempt of court, in accordance with the Constitution and laws of this state. The special judge appointed under the provisions of this section shall take the oath of the Constitution for state officers, and shall receive the compensation allowed by law for notaries public for taking depositions and be paid by the county in which such proceeding is had, upon the order of the judge who appointed him. When it is shown upon the taking of such testimony that there is probable cause to believe that any person has violated any provision of this act, the district attorney shall immediately prepare an information charging such person with such offense and file such information in some court of competent jurisdiction.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1916, c. 26, p. 61, &sect; 12. &nbsp;</span></p> <p><span class="cls0">&sect;21952. Persons jointly charged Severance.&nbsp;</span></p> <p><span class="cls0">Persons jointly charged with the violation of any of the provisions of this act shall be tried together, provided the court for good cause shown may grant a severance.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1916, c. 26, p. 61, &sect; 12. &nbsp;</span></p> <p><span class="cls0">&sect;21953. Accomplice testimony Force of same.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1916, c. 26, p. 61, &sect; 13. &nbsp;</span></p> <p><span class="cls0">&sect;21954. Confidence games Threecard monte.&nbsp;</span></p> <p><span class="cls0">Any person who deals, plays or practices in the State of Oklahoma, or who is in any manner accessory to the dealing, playing or practicing of a swindle known as threecard monte, or any other swindle or confidence game, play or practice, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by confinement in the State Penitentiary for a term of not less than one (1) year nor more than five (5) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2500. Amended by Laws 1997, c. 133, &sect; 270, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 173, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 270 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21955. Duty of railroad employees and bystanders Venue.&nbsp;</span></p> <p><span class="cls0">It is hereby made the duty of railroad conductors and brakemen without warrant or other process to arrest immediately any person violating on railroad trains any of the provisions of the preceding section, and to call upon all bystanders or others for assistance, when the same may be necessary, to enable them to make such arrest, and when such offense is committed on any railroad car, coach or train, the venue shall lie and the person be tried in any county through which said railroad may run, not outside the judicial district in which the offense was committed.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2501. &nbsp;</span></p> <p><span class="cls0">&sect;21956. Permitting gambling in building or on grounds.&nbsp;</span></p> <p><span class="cls0">Every person who shall permit any gaming table, bank, or gaming device prohibited by this article, to be set up or used for the purpose of gambling in any house, building, shed, shelter, booth, lot or other premises to him belonging, or by him occupied, or of which he has, at the time, possession or control, shall be, on conviction thereof, adjudged guilty of a misdemeanor, and punished by a fine not exceeding Two Hundred Dollars ($200.00), nor less than One Hundred Dollars ($100.00), or by imprisonment in the county jail for a term not exceeding six (6) months nor less than thirty (30) days, or by both such fine and imprisonment in the discretion of the court.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2502. &nbsp;</span></p> <p><span class="cls0">&sect;21957. Leasing for gambling purposes.&nbsp;</span></p> <p><span class="cls0">Every person who shall knowingly lease or rent to another any house, building or premises for the purpose of setting up or keeping therein, any of the gambling devices prohibited by the preceding provisions of this article, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2503. &nbsp;</span></p> <p><span class="cls0">&sect;21958. Lease void, when Possession, how recovered.&nbsp;</span></p> <p><span class="cls0">Whenever any lessee of any house or building shall be convicted of suffering any of the said prohibited gambling devices or games of chance to be carried on in said house or building, the lease or contract or letting such house or building shall become void and the lessor may enter upon the premises so let and shall recover possession of said leased property as in the case of forcible detainer.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2504. &nbsp;</span></p> <p><span class="cls0">&sect;21959. Witnesses failing to testify.&nbsp;</span></p> <p><span class="cls0">Every person duly summoned as a witness for the prosecution or defense on any proceedings ordered under this article, who neglects or refuses to attend and testify as required, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2505. &nbsp;</span></p> <p><span class="cls0">&sect;21960. Seizure of apparatus and delivery to magistrate.&nbsp;</span></p> <p><span class="cls0">Every person who is authorized or enjoined to arrest any person for a violation of the provisions of this article, is equally authorized and enjoined to seize any table, cards, dice, or other articles or apparatus suitable to be used for gambling purposes found in the possession or under the control of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2506. &nbsp;</span></p> <p><span class="cls0">&sect;21961. Testimony, no person excused from giving.&nbsp;</span></p> <p><span class="cls0">No person shall be excused from giving any testimony or evidence upon any investigation or prosecution for violation of this article, upon the ground that such testimony would tend to convict him of a crime, but such testimony or evidence shall not be received against him upon any criminal investigation or prosecution, except in a prosecution against him for perjury committed in giving such testimony.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2508. &nbsp;</span></p> <p><span class="cls0">&sect;21-962. Repealed by Laws 2006, c. 62, &sect; 6, emerg. eff. April 17, 2006.&nbsp;</span></p> <p><span class="cls0">&sect;21964. &ldquo;Slot machine&rdquo; defined.&nbsp;</span></p> <p><span class="cls0">A. For the purpose of Sections 964 through 977 of this title, &ldquo;slot machine&rdquo; is defined to be:&nbsp;</span></p> <p><span class="cls0">1. Any machine, instrument, mechanism, or device that operates or may be operated or played mechanically, electrically, automatically, or manually, and which can be played or operated by any person by inserting in any manner into said machine, instrument, mechanism, or device, a coin, chip, token, check, credit, money, representative of value, or a thing of value, and by which play or operation such person will stand to win or lose, whether by skill or chance, or by both, a thing of value; and&nbsp;</span></p> <p><span class="cls0">2. Any machine, instrument, mechanism, or device that operates or may be played or operated mechanically, electrically, automatically, or manually, and which can be played or operated by any person by paying to or depositing with any person, or by depositing with or into any cache, slot, or place a coin, chip, token, check, credit, money, representative of value, or a thing of value, and by which play or operation such person will stand to win or lose, whether by skill or chance, or by both, a thing of value.&nbsp;</span></p> <p><span class="cls0">B. Sections 964 through 977 of this title shall not apply to a slot machine:&nbsp;</span></p> <p><span class="cls0">1. If the slot machine is twentyfive (25) years or older and is not used for gambling purposes; or&nbsp;</span></p> <p><span class="cls0">2. If the slot machine is used for the purpose of teaching slot machine repair and is not used for gambling purposes.&nbsp;</span></p> <p><span class="cls0">C. Sections 964 through 977 of this title shall not apply to use of a crane machine for nongambling purposes. For purposes of this section, &ldquo;crane machine&rdquo; shall mean a machine that upon insertion of a coin, bill, token or similar object, allows the player to skillfully use one or more buttons, joysticks or other controls to maneuver a crane or claw over a toy or novelty in an attempt to retrieve the toy or novelty for the player. The toy or novelty shall not be subject to being exchanged for any other prize, including but not limited to credits, money or other thing of value.&nbsp;</span></p> <p><span class="cls0">D. A slot machine which is twentyfive (25) years or older or is used for teaching slot machine repair which is used for a gambling purpose in violation of the provisions of Section 970 of this title shall be subject to confiscation as provided by Section 973 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1939, p. 9, &sect; 1, emerg. eff. April 28, 1939. Amended by Laws 1983, c. 174, &sect; 1, operative July 1, 1983; Laws 1995, c. 68, &sect; 1; Laws 1999, c. 364, &sect; 3, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21965. "Thing of value" defined.&nbsp;</span></p> <p><span class="cls0">For the purposes of this act, "a thing of value" is defined to be any money, coin, currency, check, chip, token, credit, property, tangible or intangible, or any representative of value or any other thing, tangible or intangible, except amusement or entertainment, calculated or intended to serve as an inducement for anyone to operate or play any slot machine or punch board.&nbsp;</span></p> <p><span class="cls0">Laws 1939, p. 9, Sec. 2; Laws 1949, p. 204, Sec. 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21966. "Punch board" defined.&nbsp;</span></p> <p><span class="cls0">For the purposes of this act, "punch board" is defined to be any card, board, substance or thing upon or in which is placed or concealed in any manner any number, figure, name, design, character, symbol, picture, substance or thing which may be drawn, uncovered, exposed or removed therefrom by any person paying a thing of value, which number, figure, name, design, character, symbol, picture, substance or any other thing, when drawn, uncovered, exposed or removed therefrom, will stand the person drawing, uncovering, exposing or removing the same to win or lose a thing of value, but shall not include a breakopen ticket card, as defined in the Oklahoma Charity Games Act.&nbsp;</span></p> <p><span class="cls0">Laws 1939, p. 9, &sect; 3, emerg. eff. April 28, 1939; Laws 1992, c. 328, &sect; 30, eff. Dec. 1, 1992, and adopted by State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21967. Words in singular and plural.&nbsp;</span></p> <p><span class="cls0">Any word or words used in this act in the singular number shall include the plural, and the plural the singular.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1939, p. 9, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;21968. "Person" defined.&nbsp;</span></p> <p><span class="cls0">For the purposes of this act, "person" is defined to include any person, partnership, association, company, stock company, corporation, receiver, trustee, organization or club.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1939, p. 9, &sect; 5. &nbsp;</span></p> <p><span class="cls0">&sect;21969. Possession, sale, or lease of slot machines or punch boards prohibited.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person to have in his possession any slot machine or punch board, or sell or solicit the sale, or take orders for the sale of, or lease or rent any slot machine or punch board in this state, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Fifty Dollars ($150.00) or by imprisonment in the county jail for a term of not more than sixty (60) days, or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1939, p. 10, &sect; 6. &nbsp;</span></p> <p><span class="cls0">&sect;21970. Slot machines Acts prohibited Punishment Amusement machine or device near public school.&nbsp;</span></p> <p><span class="cls0">Any person who sets up, operates or conducts, or who permits to be set up, operated and conducted, in or about any place of business, or in or about any place, whether as owner, employee or agent, any slot machine for the purpose of having or allowing same to be played by others for money, property, tangible or intangible, coin, currency, check, chip, token, credit, or any representative of value or a thing of value, except amusement or entertainment, or who sets up, operates or conducts, or who permits to be set up, operated or conducted, in or about any place of business, or in or about any place, whether as owner, employee or agent, any amusement machine, instrument, mechanism or device within three hundred (300) feet of any public school in this state, said distance to be measured from the school building, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Fifty Dollars ($150.00), or by imprisonment in the county jail for a term of not more than sixty (60) days, or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1939, p. 10, &sect; 7; Laws 1949, p. 204, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;21971. Punch boards Acts prohibited Punishment.&nbsp;</span></p> <p><span class="cls0">Any person who sets up, operates, exposes, conducts, displays or plays, or who permits to be set up, operated, exposed, conducted, displayed or played, in or about any place or in or about any place of business, whether as owner, employee or agent, any punch board for the purpose of having or allowing the same to be played by others for money, property, tangible or intangible, coin, currency, check, chip, token, credit, amusement or any representative of value or a thing of value, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or by imprisonment in the county jail for a term of not more than thirty (30) days, or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1939, p. 10, &sect; 8. &nbsp;</span></p> <p><span class="cls0">&sect;21972. Slot machines and punch boards declared gambling devices Public nuisance Abatement.&nbsp;</span></p> <p><span class="cls0">Every slot machine and every punch board as defined in this act, is hereby declared to be per se a gambling device, and each is hereby declared to be a public nuisance, and the same may be abated in manner as provided for the abatement of a public nuisance under Chapter 58, Oklahoma Statutes 1931.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1939, p. 10, &sect; 9. &nbsp;</span></p> <p><span class="cls0">&sect;21973. Seizure of slot machines and punch boards Confiscation, procedure for.&nbsp;</span></p> <p><span class="cls0">A. Every sheriff, constable, policeman, and peace officer in this state is hereby required to seize every slot machine and every punch board, together with all money contained therein or used in connection therewith, and all property and items of value incident thereto or used or employed in connection therewith, and hold and safely keep the same, subject to the order of the district court. Immediately following such seizure, such officer shall report the same and give all facts in relation thereto to the district attorney of the county in which the seizure was made. The district attorney shall, immediately following such report, file an application in the district court of his county in the name of the State of Oklahoma against the slot machine or punch board seized, and the money and items, if any, used therewith.&nbsp;</span></p> <p><span class="cls0">The application shall include:&nbsp;</span></p> <p><span class="cls0">1. A statement showing the time and place of seizure and by whom made;&nbsp;</span></p> <p><span class="cls0">2. A general description of the slot machine or punch board, and of the money and items, if any, seized;&nbsp;</span></p> <p><span class="cls0">3. The name and address, if known, of the person from whom seized; and&nbsp;</span></p> <p><span class="cls0">4. A prayer for judgment:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;confiscating said slot machine or punch board and money and items seized, and&nbsp;</span></p> <p><span class="cls0">(1)&nbsp;&nbsp;ordering said slot machine or punch board either to be sold, with the approval of the court and on such notice as the court may direct, by the sheriff of the county in which the seizure was made, within any state, county or municipality in which the use of such slot machine or punch board is not prohibited by law and ordering the proceeds of sale paid into the Sheriff's Training Fund as provided in Section 1325 of Title 22 of the Oklahoma Statutes, provided that if such slot machine or punch board is not sold within ninety (90) calendar days, the court shall order such to be destroyed under the provisions of this section, or&nbsp;</span></p> <p><span class="cls0">(2)&nbsp;&nbsp;ordering the immediate destruction of said slot machine or punch board by the officer seizing the same or by some other officer or person to be appointed for such purpose by the court,&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;ordering the money seized with said slot machine or punch board paid into the Sheriff's Training Fund as provided in Section 1325 of Title 22 of the Oklahoma Statutes, and&nbsp;</span></p> <p><span class="cls0">c.&nbsp;&nbsp;ordering any item of value seized with said slot machine or punch board, if not in itself offensive or a gambling device, to be sold by the sheriff of the county in which the seizure was made, on such notice as the court may direct, and the proceeds of sale paid into the Sheriff's Training Fund as provided in Section 1325 of Title 22 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The application required to be filed by the district attorney under the provisions of subsection A of this section may include any number of slot machines or punch boards, or both, and all money and items, if any, seized therewith. Upon filing said application in the district court, the court shall order the district attorney to cause a copy thereof to be served on the person from whom the slot machine or punch board was seized, together with written notice that such person may appear before the district court at any date, which shall be fixed in said notice, not less than five (5) days from the date said application was filed in the district court, to show cause why said application should not be granted and judgment rendered as therein prayed. If the person from whom seizure was made cannot be located, or is unknown, or if said slot machine or punch board was unattended at the time of seizure, then the foregoing service shall not be required, but in lieu thereof, a copy of said application and notice shall be delivered to the place where seizure was made. On the date set forth in the foregoing notice, the district court shall hear the application without a jury, and neither party shall have the right to demand a jury trial. The district attorney shall present said application on said hearing, together with all the evidence pertinent thereto, and the owner of or person from whom the slot machine or punch board was seized, if present at said hearing, may introduce any competent evidence. The district court after hearing said application and the evidence introduced at said hearing, shall determine whether or not the slot machine or punch board, or both, mentioned in said application, is a slot machine or punch board as defined in Sections 964 and 966 of this title, and if determined to be such, the court shall make and enter judgment:&nbsp;</span></p> <p><span class="cls0">1. Confiscating said slot machine or punch board and money and items seized, and&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;ordering said slot machine or punch board either to be sold, with the approval of the court and on such notice as the court may direct, by the sheriff of the county in which the seizure was made, within any state, county or municipality in which the use of such slot machine or punch board is not prohibited by law and ordering the proceeds of sale paid into the Sheriff's Training Fund as provided in Section 1325 of Title 22 of the Oklahoma Statutes, provided that if such slot machine or punch board is not sold within ninety (90) calendar days, the court shall order such to be destroyed under the provisions of this section, or&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;ordering the immediate destruction of said slot machine or punch board by the officer seizing the same or by some other officer or person to be appointed for such purpose by the court;&nbsp;</span></p> <p><span class="cls0">2. Ordering the money seized in or with said slot machine or punch board paid into the Sheriff's Training Fund as provided in Section 1325 of Title 22 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">3. Ordering any other item of value seized with the said slot machine or punch board, if not in itself offensive or a gambling device, to be sold by the sheriff of the county in which the seizure was made, on such notice as the court may direct, and the proceeds of sale to be paid into the Sheriff's Training Fund as provided in Section 1325 of Title 22 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. The officer or person ordered to destroy a slot machine or punch board under the provisions of subsection B of this section shall execute such order and make return thereof within five (5) days from the date thereof, showing the manner in which he executed the same. An appeal may be had from the judgment of the district court to the Supreme Court, as in civil actions, pursuant to the provisions of the code of civil procedure; and in the event of an appeal by either party, the judgment of the district court shall be stayed pending the determination of said appeal.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1939, p. 12, &sect; 11. &nbsp;</span></p> <p><span class="cls0">&sect;21974. Officers' duties under act Prosecutions.&nbsp;</span></p> <p><span class="cls0">It is hereby made the duty of every sheriff, constable, policeman, and peace officer to diligently do and perform the acts required under this act and to arrest any person violating any of the provisions of said act and inform against such person; and it is hereby made the duty of every district attorney to diligently do and perform the acts required of him under this act and to diligently prosecute any person violating any of the provisions of said act.&nbsp;</span></p> <p><span class="cls0">Laws 1939, p. 12, Sec. 11.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21975. Evidence of knowledge by officers and prosecutor of existence of slot machines or punch boards in community.&nbsp;</span></p> <p><span class="cls0">The fact that any slot machine or punch board is set up, operated, conducted, displayed, or exposed in a public place for any considerable length of time, provided the time and place is sufficient to put a reasonably efficient officer upon inquiry and notice, this shall be received along with other evidence in proving that the sheriff and district attorney of the county and the constable and policemen of the district, city or town where the same occurred had knowledge of the same.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1939, p. 12, &sect; 12. &nbsp;</span></p> <p><span class="cls0">&sect;21976. Failure of officers or prosecutor to perform duties under act Removal Punishment.&nbsp;</span></p> <p><span class="cls0">Any sheriff, constable, policeman, or police officer or district attorney who shall fail to diligently do or perform the acts and duties required of him under this act, in that he shall knowingly allow the violation of this act or the open and notorious violation of same as set out in Section 12, shall be guilty of willful neglect of duty and shall be removed from office, as now or as may hereafter be provided by law; and shall also be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term of not less than thirty (30) days nor more than one (1) year, or by both such fine and imprisonment; and any such officer, upon being convicted or removed from office, shall be ineligible to again hold public office for a period of two (2) years from the date of such conviction or removal from office.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1939, p. 12, &sect; 13. &nbsp;</span></p> <p><span class="cls0">&sect;21977. Partial invalidity.&nbsp;</span></p> <p><span class="cls0">In case any section, clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent or final jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its operation to the section, clause, sentence, paragraph or part thereof directly involved in the controversy in which said judgment shall have been rendered.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1939, p. 13, &sect; 14. &nbsp;</span></p> <p><span class="cls0">&sect;21-981. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this act:&nbsp;</span></p> <p><span class="cls0">1. A "bet" is a bargain in which the parties agree that, dependent upon chance, or in which one of the parties to the transaction has valid reason to believe that it is dependent upon chance, one stands to win or lose something of value specified in the agreement. A bet does not include:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;bona fide business transactions which are valid under the law of contracts including, but not limited to, contracts for the purchase or sale at a future date of securities or other commodities and agreements to compensation for loss caused by the happening of the chance including, but not limited to, contracts of indemnity or guaranty and life or health and accident insurance; or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any charity game conducted pursuant to the provisions of the Oklahoma Charity Games Act; or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;offers of purses, prizes or premiums to the actual participants in public and semipublic events, as follows, to wit: Rodeos, animal shows, hunting, fishing or shooting competitions, expositions, fairs, athletic events, tournaments and other shows and contests where the participants qualify for a monetary prize or other recognition. This subparagraph further excepts an entry fee from the definition of "a bet" as applied to enumerated public and semipublic events.&nbsp;</span></p> <p><span class="cls0">2. "Consideration" as used in this section means anything which is a commercial or financial advantage to the promoter or a disadvantage to any participant. Mere registration without purchase of goods or services; personal attendance at places or events, without payment of an admission price or fee; listening to or watching radio and television programs; answering the telephone or making a telephone call and acts of like nature are not consideration. As used in this paragraph, the term "consideration" shall not include sums of money paid by or for participants in any bingo game or a game of chance with comparable characteristics as defined by subparagraph b of paragraph 1 of this section and it shall be conclusively presumed that such sums paid by or for said participants were intended by said participants to be for the benefit of the organizations described in subparagraph b of paragraph 1 of this section for the use of such organizations in furthering the purposes of such organizations;&nbsp;</span></p> <p><span class="cls0">3. A "gambling device" is a contrivance designed primarily for gambling purposes which for a consideration affords the player an opportunity to obtain something of value, the award of which is determined by chance, or any token, chip, paper, receipt or other document which evidences, purports to evidence or is designed to evidence participation in a lottery or the making of a bet. The fact that the prize is not automatically paid by the device does not affect its character as a gambling device; and&nbsp;</span></p> <p><span class="cls0">4. A "gambling place" is any place, room, building, vehicle, tent or location which is used for any of the following: making and settling bets; receiving, holding, recording or forwarding bets or offers to bet; conducting lotteries; or playing gambling devices. Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be commercial gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 283, &sect; 1, eff. Oct. 1, 1975. Amended by Laws 1992, c. 328, &sect; 31, eff. Dec. 1, 1992, and adopted by State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992; Laws 2000, c. 181, &sect; 1, emerg. eff. May 3, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21982. Commercial gambling.&nbsp;</span></p> <p><span class="cls0">A. Commercial gambling is:&nbsp;</span></p> <p><span class="cls0">1. Operating or receiving all or part of the earnings of a gambling place;&nbsp;</span></p> <p><span class="cls0">2. Receiving, recording or forwarding bets or offers to bet or, with intent to receive, record or forward bets or offers to bet, possessing facilities to do so;&nbsp;</span></p> <p><span class="cls0">3. For gain, becoming a custodian of anything of value bet or offered to be bet;&nbsp;</span></p> <p><span class="cls0">4. Conducting a lottery or with intent to conduct a lottery possessing facilities to do so;&nbsp;</span></p> <p><span class="cls0">5. Setting up for use or collecting the proceeds of any gambling device; or&nbsp;</span></p> <p><span class="cls0">6. Alone or with others, owning, controlling, managing or financing a gambling business.&nbsp;</span></p> <p><span class="cls0">B. Any person found guilty of commercial gambling shall be guilty of a felony and punished by imprisonment for not more than ten (10) years or a fine of not more than Twentyfive Thousand Dollars ($25,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 283, &sect; 2, eff. Oct. 1, 1975. Amended by Laws 1997, c. 133, &sect; 271, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 174, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 271 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21983. Permitting premises to be used for commercial gambling.&nbsp;</span></p> <p><span class="cls0">A. Permitting premises to be used for commercial gambling is intentionally:&nbsp;</span></p> <p><span class="cls0">1. Granting the use or allowing the continued use of a place as a gambling place; or&nbsp;</span></p> <p><span class="cls0">2. Permitting another to set up a gambling device for use in a place under the offender's control.&nbsp;</span></p> <p><span class="cls0">B. Any person permitting premises to be used for commercial gambling shall be guilty of a misdemeanor. Any person found guilty of a second offense under this section shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1975, c. 283, &sect; 3, eff. Oct. 1, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;21984. Dealing in gambling devices.&nbsp;</span></p> <p><span class="cls0">A. Dealing in gambling devices is manufacturing, transferring or possessing with intent to transfer any gambling device or subassembly or essential part thereof.&nbsp;</span></p> <p><span class="cls0">B. Any person dealing in gambling devices shall be guilty of a felony punishable by imprisonment for not more than five (5) years or a fine of not more than Twentyfive Thousand Dollars ($25,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 283, &sect; 4, eff. Oct. 1, 1975. Amended by Laws 1997, c. 133, &sect; 272, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 175, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 272 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21985. Possession of a gambling device.&nbsp;</span></p> <p><span class="cls0">A. Possession of a gambling device is knowingly possessing or having custody or control, as owner, lessee, agent, employee, bailee or otherwise, of any gambling device.&nbsp;</span></p> <p><span class="cls0">B. Any person possessing a gambling device who knows or has reason to know said devices will be used in making or settling commercial gambling transactions and deals in said gambling devices with the intent to facilitate commercial gambling transactions shall be punished for a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1975, c. 283, &sect; 5, eff. Oct. 1, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;21986. Installing communication facilities for gamblers.&nbsp;</span></p> <p><span class="cls0">A. Installing communication facilities for gamblers is:&nbsp;</span></p> <p><span class="cls0">1. Installing communications facilities in a place which the person who installs the facilities knows is a gambling place;&nbsp;</span></p> <p><span class="cls0">2. Installing communications facilities knowing that they will be used principally for the purpose of transmitting information to be used in making or settling bets; or&nbsp;</span></p> <p><span class="cls0">3. Knowing that communications facilities are being used principally for the purpose of transmitting information to be used in making or settling bets, allowing their continued use.&nbsp;</span></p> <p><span class="cls0">B. Any person not an employee of a communications public utility authorized to transact business in this state by the Oklahoma Corporation Commission acting within the scope of his employment, violating subsection A above, who knows or has reason to know said communications facilities will be used in making or settling commercial gambling transactions and installs said facilities with the intent to facilitate said commercial gambling transactions and is found guilty thereof shall be guilty of a felony and shall be punished by imprisonment for not more than five (5) years or a fine of not more than Twentyfive Thousand Dollars ($25,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. When any communications public utility providing telephone communications service is notified in writing by an order of a court of competent jurisdiction, acting within its jurisdiction, that any facility furnished by it is being used principally for the purpose of transmitting or receiving gambling information, it shall discontinue or refuse the leasing, furnishing or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any such public utility for any act done in compliance with any such court order. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a court of competent jurisdiction, that such facility should not be discontinued or removed, or should be restored.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 283, &sect; 6, eff. Oct. 1, 1975. Amended by Laws 1997, c. 133, &sect; 273, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 176, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 273 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21987. Dissemination of gambling information.&nbsp;</span></p> <p><span class="cls0">A. Dissemination of gambling information is the transmitting or receiving, by means of any communications facilities, information to be used in making or settling bets. Provided that nothing herein shall prohibit a licensed radio or television station or newspaper of general circulation from broadcasting or disseminating to the public reports of odds or results of legally staged sporting events.&nbsp;</span></p> <p><span class="cls0">B. Any person found guilty of disseminating gambling information shall be guilty of a felony and shall be punished by imprisonment for not more than five (5) years or a fine of not more than Twentyfive Thousand Dollars ($25,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 283, &sect; 7, eff. Oct. 1, 1975. Amended by Laws 1997, c. 133, &sect; 274, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 177, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 274 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21988. Conspiracy.&nbsp;</span></p> <p><span class="cls0">A. A conspiracy is any agreement, combination or common plan or scheme by two or more persons, coupled with an overt act in furtherance of such agreement, combination or common plan or scheme, to violate any section of this act.&nbsp;</span></p> <p><span class="cls0">B. Any person found guilty of conspiracy shall be punished to the same extent as provided for in the section of this act which such person conspired to violate.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1975, c. 283, &sect; 8, eff. Oct. 1, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;21991. Betting or letting premises for betting on races.&nbsp;</span></p> <p><span class="cls0">A. Except as provided for in the Oklahoma Horse Racing Act, it shall be unlawful for any person, association, or corporation:&nbsp;</span></p> <p><span class="cls0">1. To bet or wager upon the result of any trial of speed or power of endurance of animals or beasts; or&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Any person, association, or corporation convicted of violating the provisions of paragraph 1 of subsection A of this section shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) and be imprisoned not more than ninety (90) days. 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 felony and shall be fined not more than Ten Thousand Dollars ($10,000.00) or be imprisoned for a period of not more than ten (10) years or both said fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1913, c. 185, p. 414, &sect; 1. Amended by Laws 1983, c. 11, &sect; 37, emerg. eff. March 22, 1983; Laws 1997, c. 133, &sect; 275, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 178, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 275 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21992. Assisting unlawful business by telegraph.&nbsp;</span></p> <p><span class="cls0">Any telegraph company, its agent or employee that intentionally transmits or delivers any message to any pool room or person engaged in any manner in receiving, making or placing bets on any horse race, such company shall be fined in any sum not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars (1,000.00) for each offense, and any agent or employee violating any of the provisions of this act shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than thirty (30) days nor more than ninety (90) days or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1913, c. 185, p. 415, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;21993. Evidence for prosecution Accomplices Immunity for witnesses.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1913, c. 185, p. 416, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;21-995.1. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.1a. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.2. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.3. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.3a. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.4. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.5. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.6. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.7. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.8. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.9. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.10. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.11. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.12. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.13. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.14. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and adopted by State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.15. Repealed by Laws 1992, c. 328, &sect; 33, eff. Dec. 1, 1992, and State Question No. 650, Legislative Referendum No. 294, at election held Nov. 3, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;21-995.18. Repealed by Laws 1989, c. 154, &sect; 2, operative July 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;21-996.1. Consumers Disclosure of Prizes and Gifts Act - Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Consumers Disclosure of Prizes and Gifts Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 242, &sect; 1, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-996.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Consumers Disclosure of Prizes and Gifts Act:&nbsp;</span></p> <p><span class="cls0">1. "Marketing channel" means a method of retail distribution, including but not limited to, catalog sales, mail order, telephone sales, and in-person sales at retail outlets; and&nbsp;</span></p> <p><span class="cls0">2. "Retail merchant" means any person or entity regardless of the form of organization that has continuously offered for sale or lease more than one hundred different types of goods or services to the public in the State of Oklahoma throughout a period exceeding three (3) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 242, &sect; 2, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-996.3. Violations - Unlawful practices.&nbsp;</span></p> <p><span class="cls0">A. It is unlawful for any person to use the term "prize" or "gift" or other similar term in any manner that would be untrue or misleading.&nbsp;</span></p> <p><span class="cls0">B. It is unlawful to notify any person by any means, as a part of an advertising plan or program, that the person has won a prize and that as a condition of receiving such prize the person must pay any money or rent any goods or services.&nbsp;</span></p> <p><span class="cls0">C. It is unlawful to notify any person by any means that the person will receive a gift and that as a condition of receiving the gift the person must pay any money, or purchase, lease or rent any goods or services, if any one or more of the following exists:&nbsp;</span></p> <p><span class="cls0">1. The shipping charge, depending on the method of shipping used, exceeds:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the average cost of postage or the average charge of a delivery service in the business of delivering goods of like size, weight, and kind for shippers other than the offeror of the gift for the geographic area in which the gift is being distributed, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the exact amount for shipping paid to an independent supplier, who is in the business of shipping goods for shippers other than the offeror of the gift.&nbsp;</span></p> <p><span class="cls0">2. The handling charge:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;is not reasonable, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;exceeds the actual cost of handling, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;exceeds the greater of Three Dollars ($3.00) in any transaction or eighty percent (80%) of the actual cost of the gift item to the offeror or its agent, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;in the case of a merchandise retailer, exceeds the actual amount for handling paid to an independent supplier, who is in the business of handling goods for businesses other than the offeror of the gift.&nbsp;</span></p> <p><span class="cls0">3. Any goods or services which must be purchased or leased by the offeree of the gift in order to obtain the gift could have been purchased through the same marketing channel in which the gift was offered for a lower price without the gift items at or proximate to the time the gift was offered.&nbsp;</span></p> <p><span class="cls0">4. The majority of the gift offeror's sales or leases within the preceding year, through the marketing channel in which the gift is offered or through in-person sales at retail outlets, of the type of goods or services which must be purchased or leased in order to obtain the gift item was made in conjunction with the offer of a gift. This paragraph does not apply to a gift offer made by a retail merchant in conjunction with the sale or lease through mail order of goods or services if:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the goods or services are of a type unlike any other type of goods or services sold or leased by the retail merchant at any time during the period beginning six (6) months before and continuing six (6) months after the gift offer,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the gift offer does not extend for a period more than two (2) months, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the gift offer is not untrue or misleading in any manner.&nbsp;</span></p> <p><span class="cls0">5. The gift offeror represents that the offeree has been specially selected in any manner unless the representation is true.&nbsp;</span></p> <p><span class="cls0">D. The provisions of subsection C of this section shall not apply to the sale or purchase, or solicitation or representation in connection therewith, of goods from a catalog or of books, recordings, videocassettes, periodicals and similar goods through a membership group or club which is regulated by the Federal Trade Commission trade regulation rule concerning use of negative option plans by sellers in commerce or through a contractual plan or arrangement such as a continuity plan, subscription arrangement, or a single sale or purchase series arrangement under which the seller ships goods to a consumer who has consented in advance to receive such goods and the recipient of such goods is given the opportunity, after examination of the goods, to receive a full refund of charges for the goods, or unused portion thereof, upon return of the goods, or unused portion thereof, undamaged.&nbsp;</span></p> <p><span class="cls0">E. Each violation of the provisions of this section shall be an unlawful practice pursuant to the provisions of the Oklahoma Consumer Protection Act, Section 751 et seq. of Title 15 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 242, &sect; 3, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1021. Indecent exposure - Indecent exhibitions - Obscene material or child pornography - Solicitation of minors.&nbsp;</span></p> <p><span class="cls0">A. Every person who willfully and knowingly either:&nbsp;</span></p> <p><span class="cls0">1. Lewdly exposes his or her person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed thereby; provided, however, for purposes of this section, a person alleged to have committed an act of public urination shall be prosecuted pursuant to Section 22 of this title unless such act was accompanied with another act that violates paragraphs 2 through 4 of this subsection and shall not be subject to registration under the Sex Offenders Registration Act;&nbsp;</span></p> <p><span class="cls0">2. Procures, counsels, or assists any person to expose such person, or to make any other exhibition of such person to public view or to the view of any number of persons, for the purpose of sexual stimulation of the viewer;&nbsp;</span></p> <p><span class="cls0">3. Writes, composes, stereotypes, prints, photographs, designs, copies, draws, engraves, paints, molds, cuts, or otherwise prepares, publishes, sells, distributes, keeps for sale, knowingly downloads on a computer, or exhibits any obscene material or child pornography; or&nbsp;</span></p> <p><span class="cls0">4. Makes, prepares, cuts, sells, gives, loans, distributes, keeps for sale, or exhibits any disc record, metal, plastic, or wax, wire or tape recording, or any type of obscene material or child pornography,&nbsp;</span></p> <p><span class="cls0">shall be guilty, upon conviction, of a felony and shall be punished by the imposition of a fine of not less than Five Hundred Dollars ($500.00) nor more than Twenty Thousand Dollars ($20,000.00) or by imprisonment for not less than thirty (30) days nor more than ten (10) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. Every person who:&nbsp;</span></p> <p><span class="cls0">1. Willfully solicits or aids a minor child to perform; or&nbsp;</span></p> <p><span class="cls0">2. Shows, exhibits, loans, or distributes to a minor child any obscene material or child pornography for the purpose of inducing said minor to participate in,&nbsp;</span></p> <p><span class="cls0">any act specified in paragraphs 1, 2, 3 or 4 of subsection A of this section shall be guilty of a felony, upon conviction, and shall be punished by imprisonment in the custody of the Department of Corrections for not less than ten (10) years nor more than thirty (30) years, except when the minor 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 imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years.&nbsp;</span></p> <p><span class="cls0">C. Persons convicted under this section shall not be eligible for a deferred sentence.&nbsp;</span></p> <p><span class="cls0">D. 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.&nbsp;</span></p> <p><span class="cls0">E. For purposes of this section, &ldquo;downloading on a computer&rdquo; means electronically transferring an electronic file from one computer or electronic media to another computer or electronic media.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2463. Amended by Laws 1935, p. 18, &sect; 1; Laws 1951, p. 60, &sect; 1; Laws 1961, p. 230, &sect; 1, emerg. eff. July 26, 1961; Laws 1967, c. 111, &sect; 1, emerg. eff. April 25, 1967; Laws 1978, c. 121, &sect; 1; Laws 1984, c. 91, &sect; 1, eff. Nov. 1, 1984; Laws 1996, c. 37, &sect; 1, eff. Nov. 1, 1996; Laws 1997, c. 133, &sect; 276, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 179, eff. July 1, 1999; Laws 2000, c. 208, &sect; 1, eff. Nov. 1, 2000; Laws 2002, c. 20, &sect; 1, emerg. eff. Feb. 28, 2002; Laws 2003, c. 308, &sect; 1, emerg. eff. May 27, 2003; Laws 2007, c. 261, &sect; 11, eff. Nov. 1, 2007; Laws 2008, c. 3, &sect; 12, emerg. eff. Feb. 28, 2008; Laws 2011, c. 186, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 276 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2007, c. 325, &sect; 2 repealed by Laws 2008, c. 3, &sect; 13, emerg. eff. Feb. 28, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211021.1. Persons to whom act does not apply &ndash; Civil or injunctive relief.&nbsp;</span></p> <p><span class="cls0">A. Sections 1021 through 1024.4 of this title shall not apply to persons who may possess or distribute obscene matter or child pornography or participate in conduct otherwise prescribed by this act, when such possession, distribution, or conduct occurs in the course of law enforcement activities.&nbsp;</span></p> <p><span class="cls0">B. The criminal provisions of this title shall not prohibit the district attorney from seeking civil or injunctive relief to enjoin the production, publication, dissemination, distribution, sale of or participation in any obscene material or child pornography, or the dissemination to minors of material harmful to minors, or the possession of child pornography.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 111, &sect; 2, emerg. eff. April 25, 1967. Amended by Laws 2000, c. 208, &sect; 2, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1021.2. Minors &ndash; Procuring for participation in pornography.&nbsp;</span></p> <p><span class="cls0">A. Any person who shall procure or cause the participation of any minor under the age of eighteen (18) years in any child pornography or who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any child pornography shall be guilty, upon conviction, of a felony and shall be punished by imprisonment for not more than twenty (20) years or by the imposition of a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both said fine and imprisonment. Persons convicted under this section shall not be eligible for a deferred sentence. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.&nbsp;</span></p> <p><span class="cls0">B. The consent of the minor, or of the mother, father, legal guardian, or custodian of the minor to the activity prohibited by this section shall not constitute a defense.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 24, &sect; 1, emerg. eff. March 13, 1978. Amended by Laws 1984, c. 91, &sect; 2, eff. Nov. 1, 1984; Laws 1986, c. 87, &sect; 2, operative July 1, 1986; Laws 1996, c. 37, &sect; 2, eff. Nov. 1, 1996; Laws 1997, c. 133, &sect; 277, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 180, eff. July 1, 1999; Laws 2000, c. 208, &sect; 3, eff. Nov. 1, 2000; Laws 2007, c. 261, &sect; 12, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 277 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1021.3. Guardians - Parents - Custodians - Consent to participation of minors in child pornography.&nbsp;</span></p> <p><span class="cls0">A. Any parent, guardian or individual having custody of a minor under the age of eighteen (18) years who knowingly permits or consents to the participation of a minor in any child pornography shall be guilty of a felony and, upon conviction, shall be imprisoned in the custody of the Department of Corrections for a period of not more than twenty (20) years or a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both such fine and imprisonment. Persons convicted under this section shall not be eligible for a deferred sentence. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.&nbsp;</span></p> <p><span class="cls0">B. The consent of the minor to the activity prohibited by this section shall not constitute a defense.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 24, &sect; 2, emerg. eff. March 13, 1978. Amended by Laws 1986, c. 87, &sect; 3, operative July 1, 1986; Laws 1996, c. 37, &sect; 3, eff. Nov. 1, 1996; Laws 1997, c. 133, &sect; 278, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 181, eff. July 1, 1999; Laws 2000, c. 208, &sect; 4, eff. Nov. 1, 2000; Laws 2007, c. 261, &sect; 13, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 278 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1021.4. Disclosure of obscene materials containing minors.&nbsp;</span></p> <p><span class="cls0">A. Any commercial film and photographic print processor or commercial computer technician who has knowledge of or observes, within the scope of such person&rsquo;s professional capacity or employment, any film, photograph, video tape, negative, or slide, or any computer file, recording, CD-Rom, magnetic disk memory, magnetic tape memory, picture, graphic or image that is intentionally saved, transmitted or organized on hardware or any other media including, but not limited to, CDs, DVDs and thumbdrives, whether digital, analog or other means and whether directly viewable, compressed or encoded depicting a child under the age of eighteen (18) years engaged in an act of sexual conduct as defined in Section 1024.1 of this title shall immediately or as soon as possible report by telephone such instance of suspected child abuse or child pornography to the law enforcement agency having jurisdiction over the case and shall prepare and send a written report of the incident with an attached copy of such material, within thirty-six (36) hours after receiving the information concerning the incident.&nbsp;</span></p> <p><span class="cls0">For the purposes of this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Commercial film and photographic print processor&rdquo; means any person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, for compensation. The term shall also include any employee of such a person but shall not include a person who develops film or makes prints for a public agency; and&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Commercial computer technician&rdquo; means any person who repairs, installs, or otherwise services any computer including, but not limited to, any component part, device, memory storage or recording mechanism, auxiliary storage, recording or memory capacity, or any other materials relating to operation and maintenance of a computer or computer network or system, for compensation. The term shall also include any employee of such person.&nbsp;</span></p> <p><span class="cls0">B. Any person who violates the provisions of this section, upon conviction, shall be guilty of a misdemeanor and shall be punished by the imposition of a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail not to exceed one (1) year, or both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. Nothing in this section shall be construed to require or authorize any person to act outside the scope of such person&rsquo;s professional capacity or employment by searching for prohibited materials or media.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 91, &sect; 3, eff. Nov. 1, 1984. Amended by Laws 2005, c. 19, &sect; 1, emerg. eff. April 5, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1022. Seizure of obscene material or child pornography &ndash; Delivery to magistrate.&nbsp;</span></p> <p><span class="cls0">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 pornography, 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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2464. Amended by Laws 1996, c. 37, &sect; 4, eff. Nov. 1, 1996; Laws 2000, c. 208, &sect; 5, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1023. Finding by magistrate that material is obscene or child pornography &ndash; Issuance of factual and legal basis &ndash; Delivery to district attorney.&nbsp;</span></p> <p><span class="cls0">The magistrate to whom any child pornography, or any obscene material, is delivered pursuant to Section 1022 of this title, shall, upon the examination of the accused, or if the examination is delayed or prevented, without awaiting such examination, determine the character of such child pornography or obscene material, and if the magistrate finds it to be obscene material or child pornography, the magistrate shall cause the same to be delivered to the district attorney of the county in which the accused is liable to indictment or trial. The magistrate shall issue in writing the factual and legal basis for the determination by the magistrate of the character of the child pornography or obscene material.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2465. Amended by Laws 1996, c. 37, &sect; 5, eff. Nov. 1, 1996; Laws 2000, c. 208, &sect; 6, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1024. Destruction of child pornography or obscene material.&nbsp;</span></p> <p><span class="cls0">Upon the final conviction of the accused, such district attorney shall cause any child pornography, or obscene material, in respect whereof the accused stands convicted and which remains in the possession or under the control of such district attorney to be destroyed.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2466. Amended by Laws 1996, c. 37, &sect; 6, eff. Nov. 1, 1996; Laws 2000, c. 208, &sect; 7, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1024.1. Definitions.&nbsp;</span></p> <p><span class="cls0">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 pornography" 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.&nbsp;</span></p> <p><span class="cls0">B. As used in Sections 1021 through 1024.4 and Sections 1040.8 through 1040.24 of this title:&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;depictions or descriptions of sexual conduct which are patently offensive as found by the average person applying contemporary community standards,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a reasonable person would find the material or performance taken as a whole lacks serious literary, artistic, educational, political, or scientific purposes or value.&nbsp;</span></p> <p><span class="cls0">The standard for obscenity applied in this section shall not apply to child pornography;&nbsp;</span></p> <p><span class="cls0">2. "Performance" means and includes any display, live or recorded, in any form or medium;&nbsp;</span></p> <p><span class="cls0">3. "Sexual conduct" means and includes any of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;acts of sexual intercourse including any intercourse which is normal or perverted, actual or simulated,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;acts of deviate sexual conduct, including oral and anal sodomy,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;acts of masturbation,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;acts of sadomasochistic abuse including but not limited to:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;acts of excretion in a sexual context, or&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;acts of exhibiting human genitals or pubic areas; and&nbsp;</span></p> <p><span class="cls0">4. "Explicit child pornography" means material which a law enforcement officer can immediately identify upon first viewing without hesitation as child pornography.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 146, &sect; 1, eff. Oct. 1, 1981. Amended by Laws 1984, c. 91, &sect; 4, eff. Nov. 1, 1984; Laws 1996, c. 37, &sect; 7, eff. Nov. 1, 1996; Laws 2000, c. 208, &sect; 8, eff. Nov. 1, 2000; Laws 2009, c. 210, &sect; 1, emerg. eff. May 19, 2009; Laws 2009, c. 457, &sect; 2, eff. July 1, 2009; Laws 2012, c. 115, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211024.2. Purchase, procurement or possession of child pornography.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person to buy, procure or possess child pornography in violation of Sections 1024.1 through 1024.4 of this title. Such person shall, upon conviction, be guilty of a felony and shall be imprisoned for a period of not more than five (5) years or a fine up to, but not exceeding, Five Thousand Dollars ($5,000.00) or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 146, &sect; 2. Amended by Laws 1997, c. 133, &sect; 279, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 182, eff. July 1, 1999; Laws 2000, c. 208, &sect; 9, eff. Nov. 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 279 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211024.3. Seizure of evidentiary copy of obscene material or all copies of explicit child pornography.&nbsp;</span></p> <p><span class="cls0">Every person who is authorized or enjoined to arrest any person for a violation of this act is equally authorized or enjoined to seize an evidentiary copy of any obscene material or child pornography or all copies of explicit child pornography found in the possession of or under the control of the person so arrested and to deliver the obscene material or child pornography to the magistrate before whom the person so arrested is required to be taken.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 146, &sect; 3, eff. Oct. 1, 1981. Amended by Laws 2000, c. 208, &sect; 10, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211024.4. Destruction of obscene material or child pornography upon conviction.&nbsp;</span></p> <p><span class="cls0">Upon conviction of the accused, any magistrate or district attorney shall cause any obscene material or child pornography, in respect whereof the accused stands convicted and which remains in the possession or control of such magistrate or district attorney, to be destroyed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 146, &sect; 4, eff. Oct. 1, 1981. Amended by Laws 2000, c. 208, &sect; 11, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1024.5. Investigation of child pornography.&nbsp;</span></p> <p><span class="cls0">A. When any person has engaged in, is engaged in, or is attempting or conspiring to engage in any conduct constituting a violation of any of the provisions of Section 1024.2 of Title 21 of the Oklahoma Statutes, the Oklahoma Attorney General or any district attorney in Oklahoma may conduct an investigation of the activity. On approval of the district judge, the Attorney General or district attorney, in accordance with the provisions of Section 258 of Title 22 of the Oklahoma Statutes, is authorized before the commencement of any civil or criminal proceeding to subpoena witnesses, compel their attendance, examine them under oath, or require the production of any business papers or records by subpoena duces tecum. Evidence collected pursuant to this section shall not be admissible in any civil proceeding.&nbsp;</span></p> <p><span class="cls0">B. Any business papers and records subpoenaed by the Attorney General or district attorney shall be available for examination by the person who produced the material or by any duly authorized representative of the person. Transcripts of oral testimony shall be available for examination by the person who produced such testimony and their counsel.&nbsp;</span></p> <p><span class="cls0">Except as otherwise provided for in this section, no business papers, records, or transcripts or oral testimony, or copies of it, subpoenaed by the Attorney General or district attorney shall be available for examination by an individual other than another law enforcement official without the consent of the person who produced the business papers, records or transcript.&nbsp;</span></p> <p><span class="cls0">C. All persons served with a subpoena by the Attorney General or district attorney shall be paid the same fees and mileage as paid witnesses in the courts of this state.&nbsp;</span></p> <p><span class="cls0">D. No person shall, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part by any person with any duly served subpoena of the Attorney General or district attorney pursuant to the provisions of this section, knowingly remove from any place, conceal, withhold, destroy, mutilate, alter, or by any other means falsify any business papers or records that are the subject of the subpoena duces tecum.&nbsp;</span></p> <p><span class="cls0">E. Any person violating the provisions of this section 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 of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 210, &sect; 2, emerg. eff. May 19, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211025. Bawdyhouse, etc. Penalty.&nbsp;</span></p> <p><span class="cls0">Every person who keeps any bawdy house, house of ill fame, of assignation, or of prostitution, or any other house or place for persons to visit for unlawful sexual intercourse, or for any other lewd, obscene or indecent purpose, is guilty of a misdemeanor and upon conviction shall be fined in any sum not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2467. &nbsp;</span></p> <p><span class="cls0">&sect;211026. Disorderly house.&nbsp;</span></p> <p><span class="cls0">Every person who keeps any disorderly house, or any house of public resort by which the peace, comfort or decency of the immediate neighborhood is habitually disturbed, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">&sect;211027. Letting building for unlawful purposes.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2469. &nbsp;</span></p> <p><span class="cls0">&sect;21-1028. Setting up or operating place of prostitution - Ownership - Renting - Procuring - Receiving person for forbidden purpose - Transportation - Receiving proceeds.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful in the State of Oklahoma:&nbsp;</span></p> <p><span class="cls0">(a) To keep, set up, maintain, or operate any house, place, building, other structure, or part thereof, or vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation;&nbsp;</span></p> <p><span class="cls0">(b) To knowingly own any house, place, building, other structure, or part thereof, or vehicle, trailer, or other conveyance used with the intent of committing an act of lewdness, assignation, or prostitution, or to let, lease, or rent, or contract to let, lease, or rent any such place, premises, or conveyance, or part thereof, to another with knowledge or reasonable cause to believe that the intention of the lessee or rentee is to use such place, premises, or conveyance for prostitution, lewdness, or assignation;&nbsp;</span></p> <p><span class="cls0">(c) To offer, or to offer to secure, another with the intent of having such person commit an act of prostitution, or with the intent of having such person commit any other lewd or indecent act;&nbsp;</span></p> <p><span class="cls0">(d) To receive or to offer or agree to receive any person into any house, place, building, other structure, vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation, or to permit any person to remain there with such intent;&nbsp;</span></p> <p><span class="cls0">(e) To direct, take, or transport, or to offer or agree to take or transport, or aid or assist in transporting, any person to any house, place, building, other structure, vehicle, trailer, or other conveyance, or to any other person with knowledge or having reasonable cause to believe that the intent of such directing, taking or transporting is prostitution, lewdness or assignation;&nbsp;</span></p> <p><span class="cls0">(f) To knowingly accept, receive, levy, or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any woman engaged in prostitution;&nbsp;</span></p> <p><span class="cls0">(g) To knowingly abet the crime of prostitution by allowing a house, place, building, or parking lot to be used or occupied by a person who is soliciting, inducing, enticing, or procuring another to commit an act of lewdness, assignation, or prostitution or who is engaging in prostitution, lewdness, or assignation on the premises of the house, place, building, or parking lot.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1943, p. 83, &sect; 1, emerg. eff. Feb. 26, 1943. Amended by Laws 1992, c. 143, &sect; 1, eff. Sept. 1, 1992; Laws 2002, c. 120, &sect; 1, emerg. eff. April 19, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211029. Engaging in prostitution, etc. Soliciting or procuring Residing or being in place for prohibited purpose Aiding, abetting or participating - Child prostitution.&nbsp;</span></p> <p><span class="cls0">A. It shall further be unlawful:&nbsp;</span></p> <p><span class="cls0">1. To engage in prostitution, lewdness, or assignation;&nbsp;</span></p> <p><span class="cls0">2. To solicit, induce, entice, or procure another to commit an act of lewdness, assignation, or prostitution, with himself or herself;&nbsp;</span></p> <p><span class="cls0">3. To reside in, enter, or remain in any house, place, building, or other structure, or to enter or remain in any vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation; or&nbsp;</span></p> <p><span class="cls0">4. To aid, abet, or participate in the doing of any of the acts prohibited in paragraph 1, 2 or 3 of this subsection.&nbsp;</span></p> <p><span class="cls0">B. Any prohibited act described in paragraph 1, 2, 3 or 4 of subsection A of this section committed with a person under sixteen (16) years of age shall be deemed child prostitution, as defined in Section 1030 of this title, and shall be punishable as provided in Section 1031 of this title.&nbsp;</span></p> <p><span class="cls0">Laws 1943, p. 83, &sect; 2, emerg. eff. Feb. 26, 1943; Laws 1992, c. 143, &sect; 2, eff. Sept. 1, 1992; Laws 1993, c. 296, &sect; 1, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211030. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Statutes, unless otherwise provided for by law:&nbsp;</span></p> <p><span class="cls0">1. "Prostitution" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value;&nbsp;</span></p> <p><span class="cls0">2. "Child prostitution" means prostitution or lewdness as defined in this section with a person under sixteen (16) years of age, in exchange for money or any other thing of value;&nbsp;</span></p> <p><span class="cls0">3. "Anal intercourse" means contact between human beings of the genital organs of one and the anus of another;&nbsp;</span></p> <p><span class="cls0">4. "Cunnilingus" means any act of oral stimulation of the vulva or clitoris;&nbsp;</span></p> <p><span class="cls0">5. "Fellatio" means any act of oral stimulation of the penis;&nbsp;</span></p> <p><span class="cls0">6. "Lewdness" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;any lascivious, lustful or licentious conduct,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the giving or receiving of the body for indiscriminate sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse, or lascivious, lustful or licentious conduct with any person not his or her spouse, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;any act in furtherance of such conduct or any appointment or engagement for prostitution; and&nbsp;</span></p> <p><span class="cls0">7. "Masturbation" means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.&nbsp;</span></p> <p><span class="cls0">Laws 1943, p. 84, &sect; 3, emerg. eff. Feb. 26, 1943; Laws 1992, c. 143, &sect; 3, eff. Sept. 1, 1992; Laws 1993, c. 296, &sect; 2, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1031. Punishment for violations - Fines - Knowingly engaging in prostitution while infected with HIV - Violations within certain distance from school or church.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in subsection B or C of this section, any person violating any of the provisions of Section 1028, 1029 or 1030 of this title shall be guilty of a misdemeanor and, upon conviction, 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 of not more than Two Thousand Five Hundred Dollars ($2,500.00) upon the first conviction for violation of any of such provisions, a fine of not more than Five Thousand Dollars ($5,000.00) upon the second conviction for violation of any of such provisions, and a fine of 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 of 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.&nbsp;</span></p> <p><span class="cls0">B. Any person who engages in an act of prostitution with knowledge that they are infected with the human immunodeficiency virus shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years.&nbsp;</span></p> <p><span class="cls0">C. Any person who engages in an act of child prostitution, 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 of not more than Five Thousand Dollars ($5,000.00) upon the first conviction, a fine of not more than Ten Thousand Dollars ($10,000.00) upon the second conviction, and a fine of not more than Fifteen Thousand Dollars ($15,000.00) upon the third or subsequent convictions.&nbsp;</span></p> <p><span class="cls0">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 be guilty of a felony and, upon conviction, 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 of not more than Two Thousand Five Hundred Dollars ($2,500.00) upon the first conviction for violation of any of such provisions, a fine of not more than Five Thousand Dollars ($5,000.00) upon the second conviction for violation of any of such provisions, and a fine of 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 of 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1943, p. 84, &sect; 4, emerg. eff. Feb. 26, 1943. Amended by Laws 1991, c. 200, &sect; 1, eff. Sept. 1, 1991; Laws 1993, c. 296, &sect; 3, eff. Sept. 1, 1993; Laws 1997, c. 133, &sect; 280, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 183, eff. July 1, 1999; Laws 2002, c. 120, &sect; 2, emerg. eff. April 19, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 280 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1040.8. Publication, distribution or participation in preparation of obscene material or child pornography - Unsolicited mailings.&nbsp;</span></p> <p><span class="cls0">A. No person shall knowingly photograph, act in, pose for, model for, print, sell, offer for sale, give away, exhibit, publish, offer to publish, or otherwise distribute, display, or exhibit any book, magazine, story, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, motion picture film, electronic video game or recording, image, cast, slide, figure, instrument, statue, drawing, presentation, or other article which is obscene material or child pornography, as defined in Section 1024.1 of this title. In the case of any unsolicited mailing of any of the material listed in this section, the offense is deemed complete from the time such material is deposited in any post office or delivered to any person with intent that it shall be forwarded. Also, unless preempted by federal law, no unsolicited mail which is harmful to minors pursuant to Section 1040.75 of this title shall be mailed to any person. The party mailing the materials specified in this section may be indicted and tried in any county wherein such material is deposited or delivered, or in which it is received by the person to whom it is addressed.&nbsp;</span></p> <p><span class="cls0">B. Any person who violates any provision of this section involving obscene materials, upon conviction, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. Any person who violates any provision of this section involving child pornography, upon conviction, shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for not more than twenty (20) years, or by a fine of not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment. The violator, upon conviction, shall be required to register as a sex offender under the Sex Offenders Registration Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 230, &sect; 1, emerg. eff. July 26, 1961. Amended by Laws 1970, c. 91, &sect; 1, emerg. eff. March 27, 1970; Laws 1983, c. 5, &sect; 1, emerg. eff. Feb. 23, 1983; Laws 2000, c. 208, &sect; 12, eff. Nov. 1, 2000; Laws 2002, c. 107, &sect; 1, eff. Nov. 1, 2002; Laws 2009, c. 457, &sect; 3, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1040.9. Repealed by Laws 2000, c. 208, &sect; 24, eff. Nov. 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;21-1040.10. Repealed by Laws 2000, c. 208, &sect; 24, eff. Nov. 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;21-1040.11. Oklahoma Law on Obscenity and Child Pornography.&nbsp;</span></p> <p><span class="cls0">Sections 1021 through 1040.77 of this title shall be known as the "Oklahoma Law on Obscenity and Child Pornography" and may be referred to by that designation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 121, &sect; 1, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, &sect; 13, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1040.12. Repealed by Laws 2000, c. 208, &sect; 24, eff. Nov. 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;21-1040.12a. Aggravated possession of child pornography - Penalties - Definitions.&nbsp;</span></p> <p><span class="cls0">A. Any person who, with knowledge of its contents, possesses one hundred (100) or more separate materials depicting child pornography shall be, upon conviction, guilty of aggravated possession of child pornography. 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.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section:&nbsp;</span></p> <p><span class="cls0">1. Multiple copies of the same identical material shall each be counted as a separate item;&nbsp;</span></p> <p><span class="cls0">2. The term &ldquo;material&rdquo; means the same definition provided by Section 1040.75 of Title 21 of the Oklahoma Statutes and, in addition, includes all digital and computerized images and depictions; and&nbsp;</span></p> <p><span class="cls0">3. The term "child pornography" means the same definition provided by Section 1040.80 of Title 21 of the Oklahoma Statutes 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 Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 438, &sect; 2, eff. July 1, 2008. Amended by Laws 2009, c. 457, &sect; 4, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211040.13. Acts prohibited Felony.&nbsp;</span></p> <p><span class="cls0">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 possession with intent to sell, to commercially distribute, to exhibit, to give away, or to offer to give away any obscene material or child pornography or gives information stating when, where, how, or from whom, or by what means obscene material or child pornography can be purchased or obtained, upon conviction, is guilty of a felony 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 121, &sect; 3, emerg. eff. April 4, 1968. Amended by Laws 1983, c. 5, &sect; 2, emerg. eff. Feb. 23, 1983; Laws 2000, c. 208, &sect; 14, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1040.13a. Facilitating, encouraging, offering or soliciting sexual conduct or engaging in sexual communication with a minor or person believed to be a minor.&nbsp;</span></p> <p><span class="cls0">A. It is unlawful for any person to facilitate, encourage, offer or solicit sexual conduct with a minor, or other individual the person believes to be a minor, by use of any technology, or to engage in any communication for sexual or prurient interest with any minor, or other individual the person believes to be a minor, by use of any technology. For purposes of this subsection, &ldquo;by use of any technology&rdquo; means the use of any telephone or cell phone, computer disk (CD), digital video disk (DVD), recording or sound device, CD-ROM, VHS, computer, computer network or system, Internet or World Wide Web address including any blog site or personal web address, e-mail address, Internet Protocol address (IP), text messaging or paging device, any video, audio, photographic or camera device of any computer, computer network or system, cell phone, any other electrical, electronic, computer or mechanical device, or any other device capable of any transmission of any written or text message, audio or sound message, photographic, video, movie, digital or computer-generated image, or any other communication of any kind by use of an electronic device.&nbsp;</span></p> <p><span class="cls0">B. A person is guilty of violating the provisions of this section if the person knowingly transmits any prohibited communication by use of any technology defined herein, or knowingly prints, publishes or reproduces by use of any technology described herein any prohibited communication, or knowingly buys, sells, receives, exchanges, or disseminates any prohibited communication or any information, notice, statement, website, or advertisement for communication with a minor or access to any name, telephone number, cell phone number, e-mail address, Internet address, text message address, place of residence, physical characteristics or other descriptive or identifying information of a minor, or other individual the person believes to be a minor.&nbsp;</span></p> <p><span class="cls0">C. 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.&nbsp;</span></p> <p><span class="cls0">D. Any violation of the provisions of this section shall be a felony, punishable by a fine in an amount not to exceed Ten Thousand Dollars ($10,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not more than ten (10) years, or by both such fine and imprisonment. For purposes of this section, each communication shall constitute a separate offense. 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.&nbsp;</span></p> <p><span class="cls0">E. For purposes of any criminal prosecution pursuant to any violation of this section, the person violating the provisions of this section shall be deemed to be within the jurisdiction of this state by the fact of accessing any computer, cellular phone or other computer-related or satellite-operated device in this state, regardless of the actual jurisdiction where the violator resides.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 66, &sect; 4, eff. July 1, 1995. Amended by Laws 2001, c. 360, &sect; 1, eff. Nov. 1, 2001; Laws 2002, c. 110, &sect; 1, eff. July 1, 2002; Laws 2006, c. 183, &sect; 2, emerg. eff. May 22, 2006; Laws 2007, c. 261, &sect; 14, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211040.14. Action for adjudication of obscenity or child pornographic content of mailable matter.&nbsp;</span></p> <p><span class="cls0">(a) Whenever the Attorney General of this state or the district attorney for any district has reasonable cause to believe that any person, with knowledge of its contents, is (1) engaged in sending or causing to be sent, bringing or causing to be brought, into this state for sale or commercial distribution, or is (2) in this state preparing, selling, exhibiting or commercially distributing or giving away, or offering to give away, or has in his possession with intent to sell, or commercially distribute or to exhibit or give away or offer to give away, any obscene material or child pornography, the Attorney General or the district attorney for the county into which such mailable matter is sent or caused to be sent, brought or caused to be brought, or in which it is prepared, sold, exhibited or commercially distributed or given away or offered to be given away, or possessed, may institute an action in the district court for an adjudication of the obscenity or child pornographic content of the mailable matter.&nbsp;</span></p> <p><span class="cls0">(b) The procedure to be followed shall be that set forth in this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 121, &sect; 4, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, &sect; 15, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211040.15. Petition.&nbsp;</span></p> <p><span class="cls0">The action described in Section 1040.14 of this title shall be commenced by filing with the court a petition:&nbsp;</span></p> <p><span class="cls0">(a) directed against the matter by name or description;&nbsp;</span></p> <p><span class="cls0">(b) alleging it is obscene material or child pornography;&nbsp;</span></p> <p><span class="cls0">(c) listing the names and addresses, if known, of its author, publisher and any other person sending or causing it to be sent, bringing or causing it to be brought into this state for sale or commercial distribution and of any person in this state preparing, selling, exhibiting or commercially distributing it, or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;&nbsp;</span></p> <p><span class="cls0">(d) seeking an adjudication that it is either obscene material or child pornography, as defined in Section 1024.1 of this title;&nbsp;</span></p> <p><span class="cls0">(e) seeking a permanent injunction against any person sending or causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution, or in this state preparing, selling, exhibiting or commercially distributing it, giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;&nbsp;</span></p> <p><span class="cls0">(f) seeking its surrender, seizure and destruction.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 121, &sect; 5, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, &sect; 16, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211040.16. Summary examination of material Dismissal or show cause order.&nbsp;</span></p> <p><span class="cls0">(a) Upon the filing of the petition described in Section 1040.15 of this title, the court shall summarily examine the obscene material or child pornography.&nbsp;</span></p> <p><span class="cls0">(b) If the court finds no probable cause to believe it is obscene material or child pornography, the court shall dismiss the petition.&nbsp;</span></p> <p><span class="cls0">(c) If the court finds probable cause to believe it is obscene material or child pornography, the court shall immediately issue an order or rule to show cause why it should not be adjudicated to be obscene material or child pornography.&nbsp;</span></p> <p><span class="cls0">(d) The order or rule to show cause shall be:&nbsp;</span></p> <p><span class="cls0">(1) directed against it by name or description;&nbsp;</span></p> <p><span class="cls0">(2) if their names and addresses are known, served personally in the manner provided in this act for the service of process or in any manner now or hereafter provided by law, upon its author, publisher, and any other person interested in sending or causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution, and on any person in this state preparing, selling, exhibiting or commercially distributing it or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;&nbsp;</span></p> <p><span class="cls0">(3) returnable six (6) days after its service.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 121, &sect; 6, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, &sect; 17, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211040.17. Answer.&nbsp;</span></p> <p><span class="cls0">(a) On or before the return date specified in the order or rule to show cause, the author, publisher, or any person interested in sending or causing to be sent, bringing or causing to be brought, into this state for sale or commercial distribution, or any person in this state preparing, selling, exhibiting or commercially distributing, or giving away or offering to give away, or possessing with intent to sell or commercially distribute or exhibit or give away or offer to give away, the matter may appear and file an answer.&nbsp;</span></p> <p><span class="cls0">(b) The court may, by order, permit any other person to appear and file an answer as amicus curiae. A person granted permission and appearing and filing an answer has all the rights of a party to the proceeding.&nbsp;</span></p> <p><span class="cls0">(c) If no person appears and files an answer on or before the return date specified in the order or rule to show cause, the court shall enter judgment either&nbsp;</span></p> <p><span class="cls0">(1) adjudicating the matter not to be obscene material or child pornography, if the court so finds; or&nbsp;</span></p> <p><span class="cls0">(2) adjudicating it to be obscene material or child pornography, if the court so finds.&nbsp;</span></p> <p><span class="cls0">(d) Every person appearing and answering shall be entitled, upon request, to a trial of the issues before the court not less than three (3) days after a joinder of issue.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 121, &sect; 7, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, &sect; 18, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211040.18. Trial Evidence.&nbsp;</span></p> <p><span class="cls0">(a) The court shall conduct the trial in accordance with the rules of civil procedure applicable to the trial of cases by the court without a jury.&nbsp;</span></p> <p><span class="cls0">(b) The court shall receive evidence at the trial, including the testimony of experts, pertaining, but not limited, to:&nbsp;</span></p> <p><span class="cls0">(1) whether, to the average person, applying contemporary community standards, the dominant theme of the mailable matter taken as a whole is to prurient interest;&nbsp;</span></p> <p><span class="cls0">(2) the artistic, literary, scientific and educational merits of the mailable matter considered as a whole;&nbsp;</span></p> <p><span class="cls0">(3) the intent of the author and publisher in preparing, writing and publishing the mailable matter;&nbsp;</span></p> <p><span class="cls0">(4) the appeal to prurient interest, or absence thereof, in advertising or other promotion of the mailable matter.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1968, c. 121, &sect; 8, emerg. eff. April 4, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;21-1040.19. Repealed by Laws 2000, c. 208, &sect; 24, eff. Nov. 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;211040.20. Destruction Injunction.&nbsp;</span></p> <p><span class="cls0">In the event that a judgment is entered adjudicating the matter to be obscene material or child pornography, the court shall further:&nbsp;</span></p> <p><span class="cls0">(a) order the person or persons having possession of it to surrender it to the sheriff for destruction and, in the event that person refuses, order the sheriff in the county in which the action was brought to seize and destroy it;&nbsp;</span></p> <p><span class="cls0">(b) enter a permanent injunction against any person sending or causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution, and against any person in this state preparing, selling, exhibiting or commercially distributing it, giving it away or offering to give it away, or having it in his possession with intent to sell or commercially distribute or exhibit or give it away or offer to give it away.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 121, &sect; 10, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, &sect; 19, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211040.21. Sending or selling of materials with knowledge of judgment.&nbsp;</span></p> <p><span class="cls0">Any matter which, following the entry of a judgment that it is obscene material or child pornography, is sent or caused to be sent, brought or caused to be brought, into this state for sale or commercially distributed, given away or offered to be given away, by any person with knowledge of the judgment, or is in the possession of any such person with intent to sell or commercially distribute or exhibit or give away or offer to give away, is subject to the provisions of Section 1040.13 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 121, &sect; 11, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, &sect; 20, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211040.22. Contempt.&nbsp;</span></p> <p><span class="cls0">After the entry of a judgment that the matter is obscene material or child pornography, 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 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 121, &sect; 12, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, &sect; 21, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211040.23. Extradition.&nbsp;</span></p> <p><span class="cls0">In all cases in which a charge or violation of any section or sections of this act is brought against a person who cannot be found in this state, the executive authority of this state, being the Governor or any person performing the functions of Governor by authority of the law of this state, shall demand extradition of such person from the executive authority of the state in which such person may be found, pursuant to the law of this state.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1968, c. 121, &sect; 13, emerg. eff. April 4, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;211040.24. Presumptions.&nbsp;</span></p> <p><span class="cls0">The possession of two or more of any single article that is obscene material or child pornography, or the possession of a combined total of any five articles that are obscene material or child pornography (except the possession of them for the purpose of return to the person from whom received) shall create a presumption that they are intended for sale or commercial distribution, exhibition or gift, but such presumption shall be rebuttable. The burden of proof that their possession is for the purpose of return to the person from whom received shall be on the possessor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 121, &sect; 14, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, &sect; 22, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211040.25. Jurisdiction Service of process Fines Execution against property.&nbsp;</span></p> <p><span class="cls0">In order to protect the citizens and residents of this state against unfit articles and printed or written matter or material which originate outside this state, it is the purpose of this section to subject to the jurisdiction of the courts of this state those persons who are responsible for the importation of those things into this state.&nbsp;</span></p> <p><span class="cls0">To that end and in the exercise of its power and right to protect its citizens and residents, it is hereby provided that any person, whether or not a citizen or resident of this state, who sends or causes to be sent into this state for resale in this state any article or printed matter or material is for the purpose of this act transacting business in this state and by that act:&nbsp;</span></p> <p><span class="cls0">(a) submits himself to the jurisdiction of the courts of this state in any proceeding commenced under Section 4 of this act;&nbsp;</span></p> <p><span class="cls0">(b) constitutes the Secretary of State his agent for service of process in any proceeding commenced under Section 4 of this act; and consents that service of process shall be made by serving a copy upon the Secretary of State or by filing a copy in the Secretary of State's office, and that this service shall be sufficient service provided that, within one day after service, notice of the service and a copy of the process are sent by registered mail by the Attorney General or district attorney to him at his lastknown address and proof of such mailing filed with the clerk of the court within one day after mailing;&nbsp;</span></p> <p><span class="cls0">(c) consents that any fine levied against him under any section of this act may be executed against any of his real property, personal property, tangible or intangible, choses in action or property of any kind or nature, including debts owing to him, which are situated or found in this state.&nbsp;</span></p> <p><span class="cls0">Service of process upon any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may also be made by personally serving the summons upon him outside this state with the same force and effect as though summons had been personally served within this state. The service of summons shall be made in like manner as service within this state, by any person over twentyone (21) years of age not a party to the action. No order of court is required. An affidavit of the server shall be filed stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1968, c. 121, &sect; 15, emerg. eff. April 4, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;211040.26. Repealer.&nbsp;</span></p> <p><span class="cls0">21 O.S.1961, Sections 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040.1, 1040.2, 1040.3, 1040.4, 1040.5, 1040.6 and 1040.7, are hereby repealed.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1968, c. 121, &sect; 16, emerg. eff. April 4, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;21-1040.51. Repealed by Laws 2000, c. 208, &sect; 24, eff. Nov. 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;211040.52. Showing of specified actual or simulated sexual activity and nudity at certain outdoor theaters prohibited Penalty.&nbsp;</span></p> <p><span class="cls0">A. Every owner or operator of an outdoor theater in this state is guilty of a misdemeanor who shows or causes to be shown a motion picture depicting:&nbsp;</span></p> <p><span class="cls0">1. Any person, whether nude or clad, in an act or simulation of an act of sexual intercourse, unnatural copulation or other sexual activity including the showing of human genitals in a state of sexual stimulation or arousal, acts of human masturbation, or fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or&nbsp;</span></p> <p><span class="cls0">2. Nude or partially denuded figures including less than completely and opaquely covered human genitals, pubic regions, buttock and female breast below a point immediately above the top of the areola and including human male genitals in a discernibly turgid state. even if completely and opaquely covered.&nbsp;</span></p> <p><span class="cls0">B. This section shall be applicable, however, only where the viewing portion of the screen of such theater is situated within the view of any residence or where children under eighteen (18) years of age have an understanding view of the picture.&nbsp;</span></p> <p><span class="cls0">C. Any prosecution under this section must be preceded by a written complaint from a resident affected by the terms of this act. D. Upon conviction of a violation of this section such person 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 both so imprisoned and fined.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1970, c. 243, &sect; 1, emerg. eff. April 22, 1970; Laws 1973, c. 63, &sect; 1, emerg. eff. April 27, 1973. &nbsp;</span></p> <p><span class="cls0">&sect;211040.53. Projectionists, ushers or cashiers excepted from statutes relating to exhibit of obscene motion pictures.&nbsp;</span></p> <p><span class="cls0">The provisions of statutes of this state and the provisions of ordinances of any city prescribing a criminal penalty for exhibit of any obscene motion picture shown in a commercial theater open to the general public shall not apply to a projectionist or assistant projectionist, usher or cashier, provided he has no financial interest in the show or in its place of presentation other than regular employment as a projectionist or assistant projectionist, usher or cashier. Provided further, that such person is not acting as manager or director of such theater. The provisions of this act shall not exempt any projectionist or assistant projectionist, usher or cashier from criminal liability for any act unrelated to projection of motion pictures in a commercial theater open to the general public.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1971, c. 20, &sect; 1, emerg. eff. March 22, 1971. &nbsp;</span></p> <p><span class="cls0">&sect;21-1040.54. Seizure and forfeiture of equipment used in certain offenses relating to obscene material or child pornography.&nbsp;</span></p> <p><span class="cls0">A. Any peace officer of this state is authorized to seize any equipment which is used, or intended for use in the preparing, photographing, printing, selling, exhibiting, publishing, distributing, displaying, advertising, filming, copying, recording, or mailing of obscene material, as defined in paragraph 1 of subsection B of Section 1024.1 of this title or child pornography, as defined in subsection A of Section 1024.1 of this title. Said equipment 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 an action, or fails to file such action within ninety (90) days of the date of the seizure of such equipment, a forfeiture action may be brought by the entity seizing such equipment as petitioner.&nbsp;</span></p> <p><span class="cls0">B. Notice of seizure and intended forfeiture proceeding shall be given all owners and parties in interest by the party seeking forfeiture as follows:&nbsp;</span></p> <p><span class="cls0">1. Upon each owner or party in interest whose name and address is known, by mailing a copy of the notice by registered mail to the lastknown address; and&nbsp;</span></p> <p><span class="cls0">2. Upon all other owners or parties in interest, whose addresses are unknown, by one publication in a newspaper of general circulation in the county where the seizure was made.&nbsp;</span></p> <p><span class="cls0">C. Within sixty (60) days after the mailing or publication of the notice, the owner of the equipment and any other party in interest may file a verified answer and claim to the equipment described in the notice of seizure and of the intended forfeiture proceeding.&nbsp;</span></p> <p><span class="cls0">D. 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 equipment forfeited to the state, if such fact is proven.&nbsp;</span></p> <p><span class="cls0">E. If a verified answer is filed, the forfeiture proceeding shall be set for hearing.&nbsp;</span></p> <p><span class="cls0">F. At the hearing the party seeking the forfeiture shall prove by clear and convincing evidence that the equipment was used in the preparing, photographing, printing, selling, exhibiting, publishing, distributing, displaying, advertising, filming, copying, recording, or mailing of obscene material, as defined in paragraph 1 of subsection B of Section 1024.1 of this title or child pornography, as defined in paragraph 1 of subsection A of Section 1024.1 of this title, with knowledge by the owner of the equipment.&nbsp;</span></p> <p><span class="cls0">G. The owner or party in interest may prove that the right or interest in the equipment was created without any knowledge or reason to believe that the equipment was being, or was to be, used for the purpose charged.&nbsp;</span></p> <p><span class="cls0">H. In the event of such proof, the court may order the equipment released to the bona fide or innocent owner or party in interest if the amount due the person is equal to, or in excess of, the value of the equipment as of the date of the seizure.&nbsp;</span></p> <p><span class="cls0">I. If the amount due to such person is less than the value of the equipment, or if no bona fide claim is established, the equipment shall be forfeited to the state and shall be sold pursuant to the judgment of the court.&nbsp;</span></p> <p><span class="cls0">J. Equipment taken or detained pursuant to this section shall not be repleviable, but shall be deemed to be in the custody of the office of the district attorney of the county where the equipment was seized or in the custody of the party seeking the forfeiture. The district attorney or the party seeking the equipment may release said equipment to the owner of the equipment if it is determined that the owner had no knowledge of the illegal use of the equipment or if there is insufficient evidence to sustain the burden of showing illegal use of the equipment. Equipment which has not been released by the district attorney or the party seizing the equipment shall be subject to the orders and decrees of the court or the official having jurisdiction thereof.&nbsp;</span></p> <p><span class="cls0">K. The district attorney or the party seizing such equipment shall not be held civilly liable for having custody of the seized equipment or proceeding with a forfeiture action as provided for in this section.&nbsp;</span></p> <p><span class="cls0">L. The proceeds of the sale of any equipment not taken or detained by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Department of Public Safety, the Oklahoma State Bureau of Investigation, the Alcoholic Beverage Laws Enforcement Commission, the Department of Corrections or the Office of the Attorney General shall be distributed as follows, in the order indicated:&nbsp;</span></p> <p><span class="cls0">1. To the bona fide or innocent purchaser or conditional sales vendor of the equipment, if any, up to the amount of the person&rsquo;s interest in the equipment, when the court declaring the forfeiture orders a distribution to such person;&nbsp;</span></p> <p><span class="cls0">2. To the payment of the actual expenses of preserving the equipment; and&nbsp;</span></p> <p><span class="cls0">3. The balance to a revolving fund in the office of the county treasurer of the county where the equipment was seized, said fund to be used and maintained as a revolving fund for any purpose by the department that made the seizure with a yearly accounting to the board of county commissioners in whose county the fund is established. Monies from said fund may be used to pay costs for the storage of such equipment if such equipment is ordered released to a bona fide or innocent owner, purchaser, or conditional sales vendor and if such monies are available in said fund.&nbsp;</span></p> <p><span class="cls0">M. The proceeds of the sale of any equipment seized, taken or detained by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Department of Public Safety, the Oklahoma State Bureau of Investigation, the Alcoholic Beverage Laws Enforcement Commission, the Department of Corrections or the Office of the Attorney General shall be distributed as follows, in the order indicated:&nbsp;</span></p> <p><span class="cls0">1. To the bona fide or innocent purchaser or conditional sales vendor of the equipment, if any, up to the amount of the person&rsquo;s interest in the equipment, when the court declaring the forfeiture orders a distribution to such person;&nbsp;</span></p> <p><span class="cls0">2. To the payment of the actual expenses of preserving the equipment; and&nbsp;</span></p> <p><span class="cls0">3. The balance to a revolving fund of the agency seizing said equipment to be used and maintained as a revolving fund for law enforcement purposes by the agency seizing said equipment. Monies from said fund may be used to pay costs for the storage of such equipment if such equipment is ordered released to a bona fide or innocent owner, purchaser, or conditional sales vendor.&nbsp;</span></p> <p><span class="cls0">N. When any equipment is forfeited pursuant to this section, the district court of jurisdiction may order that the equipment seized may be retained by the state, county, or municipal law enforcement agency which seized the equipment for its official use.&nbsp;</span></p> <p><span class="cls0">O. If the court finds that the equipment was not used in the preparing, photographing, printing, selling, exhibiting, publishing, distributing, displaying, advertising, filming, copying, recording, or mailing of obscene material, as defined in paragraph 1 of subsection B of Section 1024.1 of this title or child pornography as defined in paragraph 1 of subsection A of Section 1024.1 of this title, the court shall order the equipment released to the owner.&nbsp;</span></p> <p><span class="cls0">P. No equipment 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, or by any person other than such owner while such equipment 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 191, &sect; 1, eff. Nov. 1, 1986. Amended by Laws 2000, c. 101, &sect; 1, eff. Nov. 1, 2000; Laws 2000, c. 208, &sect; 23, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1040.55. Adult cabaret and sexually oriented business exterior advertising signs - Requirements.&nbsp;</span></p> <p><span class="cls0">A. As used in this section: &nbsp;</span></p> <p><span class="cls0">1. &ldquo;Adult cabaret&rdquo; means a nightclub, bar, restaurant, or similar establishment in which persons appear in a state of nudity in the performance of their duties;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Sexually oriented business&rdquo; means any business which offers its patrons goods of which a substantial portion are sexually oriented materials. Any business where more than ten percent (10%) of display space is used for sexually oriented materials shall be presumed to be a sexually oriented business;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Sexually oriented materials&rdquo; means any textual, pictorial, or three-dimensional material that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a way that is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and&nbsp;</span></p> <p><span class="cls0">4. &ldquo;State of nudity&rdquo; means the showing of either:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the human male or female genitals or pubic area with less than a fully opaque covering, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the female breast with less than a fully opaque covering or any part of the nipple.&nbsp;</span></p> <p><span class="cls0">B. Except as otherwise provided in this subsection, no billboard or other exterior advertising sign for an adult cabaret or sexually oriented business shall be located within one (1) mile of any state highway. If such a business is located within one (1) mile of a state highway, the business may display a maximum of two exterior signs on the premises of the business, consisting of one identification sign and one sign solely giving notice that minors are not permitted on the premises. The identification sign shall be no more than forty (40) square feet in size and shall include no more than the following information: name, street address, telephone number, and operating hours of the business.&nbsp;</span></p> <p><span class="cls0">C. Signs existing at the time of the adoption of this section, which do not conform to the requirements of this section, may be allowed to continue as a nonconforming use, but shall be made to conform not later than November 1, 2009.&nbsp;</span></p> <p><span class="cls0">D. The Attorney General shall represent the state in all actions and proceedings arising from this section. In addition, all costs incurred by the Attorney General to defend or prosecute this section, including payment of all court costs, civil judgments, and, if necessary, any attorney fees, shall be paid from the General Revenue Fund.&nbsp;</span></p> <p><span class="cls0">E. Any owner of a business who violates the provisions of this section shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 321, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1040.56. Cause of action &ndash; Damages &ndash; Statute of limitations.&nbsp;</span></p> <p><span class="cls0">A. Any person who, while under the age of eighteen (18), was a victim of an offense provided for in Section 681, 741, 843.5, 852.1, 867, 885, 886, 888, 891, 1021, 1021.2, 1021.3, 1024.2, 1040.8, 1040.12a, 1040.13, 1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes, where such offense resulted in a conviction and any portion of such offense was used in the production of child pornography, and who suffers personal or psychological injury as a result of the production, promotion, or possession of such child pornography, may bring a civil action against the producer, promoter, or intentional possessor of such child pornography, regardless of whether the victim is now an adult.&nbsp;</span></p> <p><span class="cls0">B. In any civil action brought under this section, the prevailing plaintiff shall recover the actual, special and punitive damages such person sustained and the cost of the suit, including reasonable attorney fees.&nbsp;</span></p> <p><span class="cls0">C. Notwithstanding any other provision of law, any civil action commenced pursuant to this section shall be filed within three (3) years after the later of:&nbsp;</span></p> <p><span class="cls0">1. The conclusion of the related criminal case;&nbsp;</span></p> <p><span class="cls0">2. The notification to the victim by a law enforcement agency of the creation, possession, distribution or promotion of child pornography; or&nbsp;</span></p> <p><span class="cls0">3. In the case of a victim younger than eighteen (18) years of age, within three (3) years after the person reaches the age of eighteen (18).&nbsp;</span></p> <p><span class="cls0">D. It is not a defense to a civil cause of action under this section that the respondent did not know the victim or commit the abuse depicted in the child pornography.&nbsp;</span></p> <p><span class="cls0">E. As used in this section, &ldquo;child pornography&rdquo; shall have the same meaning as such term is defined in Section 1024.1 of Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">F. The provisions of this section shall not apply to any acts performed in the scope and course of employment by any:&nbsp;</span></p> <p><span class="cls0">1. Law enforcement officer;&nbsp;</span></p> <p><span class="cls0">2. Forensic examiner;&nbsp;</span></p> <p><span class="cls0">3. Prosecuting attorney; or &nbsp;</span></p> <p><span class="cls0">4. Employee of a child advocacy organization.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 195, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1040.75. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in Sections 1040.75 through 1040.77 of this title:&nbsp;</span></p> <p><span class="cls0">1. "Minor" means any unmarried person under the age of eighteen (18) years;&nbsp;</span></p> <p><span class="cls0">2. "Harmful to minors" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;that quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;the material or performance lacks serious literary, scientific, medical, artistic, or political value for minors, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any description, exhibition, presentation or representation, in whatever form, of inappropriate violence;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Inappropriate violence&rdquo; means any description or representation, in an interactive video game or computer software, of violence which, taken as a whole, has the following characteristics:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the average person eighteen (18) years of age or older applying contemporary community standards would find that the interactive video game or computer software is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the interactive video game or computer software lacks serious literary, scientific, medical, artistic, or political value for minors based on, but not limited to, the following criteria:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;is glamorized or gratuitous,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;is graphic violence used to shock or stimulate,&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;is graphic violence that is not contextually relevant to the material,&nbsp;</span></p> <p class="cls6"><span class="cls0">(4)&nbsp;&nbsp;is so pervasive that it serves as the thread holding the plot of the material together,&nbsp;</span></p> <p class="cls6"><span class="cls0">(5)&nbsp;&nbsp;trivializes the serious nature of realistic violence,&nbsp;</span></p> <p class="cls6"><span class="cls0">(6)&nbsp;&nbsp;does not demonstrate the consequences or effects of realistic violence,&nbsp;</span></p> <p class="cls6"><span class="cls0">(7)&nbsp;&nbsp;uses brutal weapons designed to inflict the maximum amount of pain and damage,&nbsp;</span></p> <p class="cls6"><span class="cls0">(8)&nbsp;&nbsp;endorses or glorifies torture or excessive weaponry, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(9)&nbsp;&nbsp;depicts lead characters who resort to violence freely; &nbsp;</span></p> <p><span class="cls0">4. "Nudity" means the:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;showing of the female breast with less than a full opaque covering of any portion of the female breast below the top of the nipple, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;depiction of covered male genitals in a discernibly turgid state;&nbsp;</span></p> <p><span class="cls0">5. "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast;&nbsp;</span></p> <p><span class="cls0">6. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal;&nbsp;</span></p> <p><span class="cls0">7. "Sadomasochistic abuse" means flagellation or torture by or upon a person clothed or naked or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed or naked;&nbsp;</span></p> <p><span class="cls0">8. "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape, CD-ROM disk, Magnetic Disk Memory, Magnetic Tape Memory, video tape, computer software or video game;&nbsp;</span></p> <p><span class="cls0">9. "CD-ROM" means a compact disk with read only memory which has the capacity to store audio, video and written materials and may be used by computer to play or display materials harmful to minors;&nbsp;</span></p> <p><span class="cls0">10. "Magnetic Disk Memory" means a memory system that stores and retrieves binary data on record-like metal or plastic disks coated with a magnetic material, including but not limited to floppy diskettes;&nbsp;</span></p> <p><span class="cls0">11. "Magnetic Tape Memory" means a memory system that stores and retrieves binary data on magnetic recording tape;&nbsp;</span></p> <p><span class="cls0">12. "Performance" means any motion picture, film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration;&nbsp;</span></p> <p><span class="cls0">13. "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the character and content of any material or performance which is reasonably susceptible of examination by the defendant, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the age of the minor. However, an honest mistake, shall constitute an excuse from liability pursuant to this act if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor;&nbsp;</span></p> <p><span class="cls0">14. "Person" means any individual, partnership, association, corporation, or other legal entity of any kind; and&nbsp;</span></p> <p><span class="cls0">15. "A reasonable bona fide attempt" means an attempt to ascertain the true age of the minor by requiring production of a driver license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 7, &sect; 1. Amended by Laws 1995, c. 66, &sect; 1, eff. July 1, 1995; Laws 2001, c. 387, &sect; 1, eff. July 1, 2001; Laws 2006, c. 321, &sect; 2, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1040.76. Material or performances harmful to minors - Prohibited acts.&nbsp;</span></p> <p><span class="cls0">No person, including but not limited to any persons having custody, control or supervision of any commercial establishment, shall knowingly:&nbsp;</span></p> <p><span class="cls0">1. Display material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material. Provided, however, a person shall be deemed not to have "displayed" material harmful to minors if the material is kept behind devices commonly known as "blinder racks" so that the lower twothirds (2/3) of the material is not exposed to view;&nbsp;</span></p> <p><span class="cls0">2. Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors; or&nbsp;</span></p> <p><span class="cls0">3. Present to a minor or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 7, &sect; 2. Amended by Laws 1995, c. 66, &sect; 2, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1040.77. Violations - Penalties.&nbsp;</span></p> <p><span class="cls0">Any person convicted of violating any provision of Section 1040.76 of this title shall be guilty of a misdemeanor and shall be fined a sum not exceeding Five Hundred Dollars ($500.00) for the first or second offense. Any person convicted of a third or subsequent violation of any provision of Section 1040.76 of this title shall be guilty of a misdemeanor and shall be fined a sum not exceeding One Thousand Dollars ($1,000.00). Each day that any violation of Section 1040.76 of this title occurs or continues shall constitute a separate offense and shall be punishable as a separate violation. Every act or transaction prohibited by Section 1040.76 of this title shall constitute a separate offense as to each item, issue or title involved and shall be punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume and number issue or other such identical material as prohibited by Section 1040.76 of this title shall constitute a single offense.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 7, &sect; 3. Amended by Laws 1995, c. 66, &sect; 3, eff. July 1, 1995; Laws 2001, c. 387, &sect; 2, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1040.80. Interactive computer service providers - Removal of child pornography - Court orders - Notice and hearing - Violations - Penalties - Petition for relief.&nbsp;</span></p> <p><span class="cls0">A. As used in this section, the term:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Interactive computer service provider&rdquo; means any provider to the public of computer access via the Internet to a computer server or similar device used for the storage of graphic, video or images;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Internet&rdquo; means the international computer network of both federal and nonfederal interoperable packet-switched data networks;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Controlled or owned by&rdquo; with respect to a server or other storage device means a server or other such device that is entirely owned by the interactive computer service provider or is subject to exclusive management by the interactive computer service provider by agreement or otherwise; and&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Child pornography&rdquo; means explicit child pornography as defined in Section 1024.1 of Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The Attorney General or a law enforcement officer who receives information that an item of alleged child pornography resides on a server or other storage device controlled or owned by an interactive computer service provider shall:&nbsp;</span></p> <p><span class="cls0">1. Contact the interactive computer service provider that controls or owns the server or other storage device where the item of alleged child pornography is located;&nbsp;</span></p> <p><span class="cls0">2. Inform the interactive computer service provider of the provisions of this section; and&nbsp;</span></p> <p><span class="cls0">3. Request that the interactive computer service provider voluntarily comply with this section and remove the item of alleged child pornography from its server or other storage device expeditiously.&nbsp;</span></p> <p><span class="cls0">C. 1. If an interactive computer service does not voluntarily remove the item of alleged child pornography in a timely manner, the Attorney General or law enforcement officer shall apply for a court order of authorization to remove the item of alleged child pornography under this section. The obligation to remove the item of alleged child pornography shall not apply to the transmitting or routing of, or the intermediate, temporary storage or caching of an image, information or data that is otherwise subject to this section.&nbsp;</span></p> <p><span class="cls0">2. The application for a court order shall include:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the authority of the applicant to make such an application,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the identity and qualifications of the investigative or law enforcement officer or agency that, in the official scope of that officer&rsquo;s duties or agency&rsquo;s authority, discovered the images, information, or data,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a particular statement of the facts relied upon by the applicant, including:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;the identity of the interactive computer service,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;identification of the item of alleged child pornography discovered on the server or other storage device controlled or owned by an interactive computer service provider,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;the particular images, information, or data to be removed or to which access is to be disabled identified by uniform resource locator (URL) or Internet protocol (IP) address, a statement certifying that such content resides on a server or storage device controlled or owned by such interactive computer service provider, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;the steps taken to obtain voluntary compliance by such interactive computer service provider with the requirements of this act prior to filing the application,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;such additional testimony and documentary evidence in support of the application as the judge may require, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;a showing that there is probable cause to believe that the child pornography items constitutes a violation of this section.&nbsp;</span></p> <p><span class="cls0">D. The Attorney General shall notify the interactive computer service provider which is identified in the court&rsquo;s order in accordance with the provisions of this section. The Attorney General shall notify an interactive computer service provider upon the issuance of an order authorizing the removal of the items of alleged child pornography.&nbsp;</span></p> <p><span class="cls0">1. The notice by the Attorney General shall include:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a copy of the application made pursuant to subsection C of this section,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a copy of the court order issued pursuant to subsection K of this section,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;notification that the interactive computer service shall remove the item of alleged child pornography contained in the order which resides on a server or other storage device controlled or owned by such interactive service provider and which are accessible to persons located within this state expeditiously after receipt of the notification,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;notification of the criminal penalties for failure to remove the item of child pornography,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;notification of the right to appeal the court&rsquo;s order, and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;contact information for the Attorney General&rsquo;s Office.&nbsp;</span></p> <p><span class="cls0">2. An interactive computer service may designate an agent within the state to receive notification pursuant to this section.&nbsp;</span></p> <p><span class="cls0">E. The interactive computer service provider has the right to request a hearing before the court imposes any penalty under this section.&nbsp;</span></p> <p><span class="cls0">F. Nothing in this section may be construed as imposing a duty on an interactive computer service provider to actively monitor its service or affirmatively seek evidence of illegal activity on its service.&nbsp;</span></p> <p><span class="cls0">G. Notwithstanding any other provision of law to the contrary, any interactive computer service provider that intentionally violates subsection L of this section commits:&nbsp;</span></p> <p><span class="cls0">1. A misdemeanor for a first offense punishable by a fine of One Thousand Dollars ($1,000.00);&nbsp;</span></p> <p><span class="cls0">2. A misdemeanor of a high and aggravated nature for a second offense punishable by a fine of Five Thousand Dollars ($5,000.00); and&nbsp;</span></p> <p><span class="cls0">3. A felony for a third or subsequent offense punishable by a fine of Thirty Thousand Dollars ($30,000.00) and imprisonment for a maximum of five (5) years.&nbsp;</span></p> <p><span class="cls0">H. The Attorney General shall have concurrent prosecutorial jurisdiction with a district attorney for violation of this section.&nbsp;</span></p> <p><span class="cls0">I. The removal of the alleged item of child pornography which resides on a server or other storage device, shall not, to the extent possible, interfere with any request of a law enforcement agency to preserve records or other evidence, which may be kept by the interactive computer service provider in the normal course of business.&nbsp;</span></p> <p><span class="cls0">J. Upon consideration of an application for authorization to remove the item of alleged child pornography that resides on a server or other storage device controlled or owned by an interactive computer service provider as set forth in subsection C of this section, the judge may enter an ex parte order, as requested or as modified, authorizing the removal of the item of alleged child pornography, if the court determines on the basis of the facts submitted by the applicant that there is or was probable cause for belief that:&nbsp;</span></p> <p><span class="cls0">1. The item of alleged child pornography constitutes evidence of an act in violation of this section;&nbsp;</span></p> <p><span class="cls0">2. The investigative or law enforcement officer or agency acted within the official scope of that officer&rsquo;s duties or agency&rsquo;s authority, in discovering the images, information, or data and has complied with the requirements of subsection I and subsection K of this section;&nbsp;</span></p> <p><span class="cls0">3. An item of alleged child pornography resides on the server or other storage device controlled or owned by the interactive computer service provider and is accessible to persons located in the state; and&nbsp;</span></p> <p><span class="cls0">4. In the case of an application, other than a renewal or extension, for an order removing the item of alleged child pornography which was the subject of a previous order authorizing the removal or disabling of access, the application is based upon new evidence or information different from and in addition to the evidence or information offered to support the prior order.&nbsp;</span></p> <p><span class="cls0">K. Each order authorizing the removal or disabling of access to an alleged item of child pornography shall contain:&nbsp;</span></p> <p><span class="cls0">1. The name of the judge authorized to issue the order;&nbsp;</span></p> <p><span class="cls0">2. A particular description of the images, information, or data to be removed or access to such disabled, identified by a URL or IP address, and a statement of the particular violation of the section to which the images, information, or data relate;&nbsp;</span></p> <p><span class="cls0">3. The identity of the investigative or law enforcement officer or agency who discovered the images, information, or data and the identity of whoever authorized the application; and&nbsp;</span></p> <p><span class="cls0">4. Such additional information or instruction as the court deems necessary to execute the order.&nbsp;</span></p> <p><span class="cls0">L. The court shall review the application and testimony, if offered, and, upon a finding of probable cause, issue an order that:&nbsp;</span></p> <p><span class="cls0">1. An item of child pornography resides on a server or other storage device controlled by the interactive computer service provider and is accessible to persons located in the state;&nbsp;</span></p> <p><span class="cls0">2. The interactive computer service provider shall remove the item residing on a server or other storage device controlled or owned by the interactive computer service provider expeditiously after receiving the order, if practical;&nbsp;</span></p> <p><span class="cls0">3. The order shall specify that removal of any item covered by the order shall be accomplished in a fashion that prevents or minimizes the removal of, or restriction of access to, images, information, or data that are not subject to the order;&nbsp;</span></p> <p><span class="cls0">4. Failure of the interactive computer service provider to comply with the court&rsquo;s order is a violation of this section;&nbsp;</span></p> <p><span class="cls0">5. The removal of the item on the server or other storage device controlled or owned by the interactive computer service provider may not unreasonably interfere with a request by a law enforcement agency to preserve records for a reasonable period and in accordance with law; and&nbsp;</span></p> <p><span class="cls0">6. Provides the interactive computer service provider notice and opportunity for a hearing before the court imposes any penalty under this subsection.&nbsp;</span></p> <p><span class="cls0">M. An interactive computer service provider who is served with a court order under subsection L of this section shall remove the item of child pornography that is the subject of the order expeditiously after receiving the court order, if practicable.&nbsp;</span></p> <p><span class="cls0">N. 1. An interactive service provider may petition the court for relief for cause from an order issued under subsection L of this section.&nbsp;</span></p> <p><span class="cls0">2. The petition may be based on considerations of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the cost or technical feasibility of compliance with the order, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the inability of the interactive computer service provider to comply with the order without also removing data, images or information that are not subject to this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 256, &sect; 1, emerg. eff. May 23, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1041. Repealed by Laws 2008, c. 391, &sect; 8, eff. Nov. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;21-1042. Repealed by Laws 2008, c. 391, &sect; 8, eff. Nov. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;21-1043. Repealed by Laws 2008, c. 391, &sect; 8, eff. Nov. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;21-1044. Repealed by Laws 2008, c. 391, &sect; 8, eff. Nov. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;21-1045. Repealed by Laws 2008, c. 391, &sect; 8, eff. Nov. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;21-1046. Repealed by Laws 2008, c. 391, &sect; 8, eff. Nov. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;21-1047. Repealed by Laws 2008, c. 391, &sect; 8, eff. Nov. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;211048. Storage or accumulation of wrecked or abandoned motor vehicle or part thereof within view of preexisting residence or adjoining property - Farm-related vehicles excepted.&nbsp;</span></p> <p><span class="cls0">No person, firm, partnership or corporation shall with malice or without valid business purpose store, accumulate, allow to accumulate, or allow to remain stored or accumulated after receipt of notice as is hereinafter provided, any wrecked or abandoned motor vehicle, or any recyclable or nonrecyclable hulk or part of a motor vehicle within view of any preexisting residence or adjoining property situated outside the territorial limits of any incorporated municipality. Any homeowner or adjoining property owner aggrieved by any violation of this section may order the removal of any motor vehicle, hulk or part stored in violation hereof upon thirty (30) days' written notice to the owner of the land where such motor vehicle, hulk or part is stored. Upon the failure of the offending party to comply with said order, the aggrieved party may obtain injunctive and mandamus relief for the removal of matter so stored or accumulated or for screening of the matter so stored or accumulated from view from the adjoining property from the district court of the county where the residence is situated and, further; shall be entitled to recover reasonable attorneys' fees, court costs and other reasonable expenses of bringing suit.&nbsp;</span></p> <p><span class="cls0">Provided, nothing within this section shall prohibit the accumulation or storage of farm-related vehicles upon any property currently used for agricultural or ranching-related purposes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 273, &sect; 18, emerg. eff. June 9, 1980. Amended by Laws 1993, c. 113, &sect; 1, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1051. Lottery defined - Consideration &ndash; Organizations permitted to issue tickets.&nbsp;</span></p> <p><span class="cls0">A. A lottery is any scheme for the disposal or distribution of property by chance among persons who have paid, or promised, or agreed to pay any valuable consideration for the chance of obtaining such property, or a portion of it, or for any share of or interest in such property, upon any agreement, understanding or expectation that it is to be distributed or disposed of by a lot or chance, whether called a lottery, a raffle, or a gift enterprise, or by whatever name the same may be known. &ldquo;Valuable consideration&rdquo; shall be construed to mean money or goods of actual pecuniary value. Provided, it shall not be a violation of the lottery or gambling laws of this state for:&nbsp;</span></p> <p><span class="cls0">1. The Oklahoma Lottery Commission to conduct a lottery pursuant to the provisions of the Oklahoma Education Lottery Act;&nbsp;</span></p> <p><span class="cls0">2. A bona fide resident merchant or merchants of a city or town, acting in conjunction with the Chamber of Commerce or Commercial Club of this state thereof, to issue free of charge numbered tickets on sales of merchandise, the corresponding stub of one or more of which tickets to be drawn or chosen by lot by a representative or representatives of the Chamber of Commerce or of the Commercial Club in the manner set forth on the tickets, the numbered stub or stubs so drawn to entitle the holder of the corresponding numbered issued ticket to a valuable prize donated by the merchant;&nbsp;</span></p> <p><span class="cls0">3. A bona fide community chest welfare fund on a military post or reservation to issue numbered tickets in conjunction with voluntary contributions to the fund, the corresponding stub or stubs of one or more of the tickets to be drawn by lot under the supervision of a military commander, the stub or stubs so drawn entitling the ticket holder to a prize of some value. Provided, however, that no person shall sell tickets or receive contributions to the fund off the military reservation; or&nbsp;</span></p> <p class="cls2"><span class="cls0">4.&nbsp;&nbsp;a.&nbsp;&nbsp;A qualified organization to raise funds by issuing numbered tickets in conjunction with voluntary contributions to the qualified organization, the corresponding stub or stubs of one or more of the tickets to be drawn by lot under the supervision of an official of the qualified organization, the stub or stubs so drawn entitling the ticket holder to a prize. As used in this paragraph, &ldquo;qualified organization&rdquo; means:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;a church,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;a public or private school accredited by the State Department of Education or registered by the State Board of Education for purposes of participating in federal programs,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;a student group or organization affiliated with a public or private school qualified pursuant to division (2) of this subparagraph,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;a parent-teacher association or organization affiliated with a public or private school qualified pursuant to division (2) of this subparagraph,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;fire departments,&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;police departments,&nbsp;</span></p> <p class="cls3"><span class="cls0">(7)&nbsp;&nbsp;organizations that are exempt from taxation pursuant to the provisions of subsection (c) of Section 501 of the United States Internal Revenue Code, as amended, 26 U.S.C., Section 501(c) et seq., or&nbsp;</span></p> <p class="cls3"><span class="cls0">(8)&nbsp;&nbsp;an &ldquo;organization&rdquo; as such term is defined in paragraph 20 of Section 402 of Title 3A of the Oklahoma Statutes.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Any raffle conducted by a qualified organization shall be conducted by members of the qualified organization without compensation to any member. The organization shall not hire or contract with any person or business association, corporation, partnership, limited partnership or limited liability company to conduct a raffle, to sell raffle tickets or to solicit contributions in connection with a raffle on behalf of the organization.&nbsp;</span></p> <p><span class="cls0">B. If the Oklahoma Education Lottery Act ceases to have the force and effect of law pursuant to Section 36 of the Oklahoma Education Lottery Act, the provisions of paragraph 3 of subsection A of this section shall cease to have the force and effect of law.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2470. Amended by Laws 1929, c. 19, p. 16, &sect; 1; Laws 1957, p. 163, &sect; 1; Laws 2003, c. 202, &sect; 1; Laws 2004, c. 275, &sect; 4; Laws 2009, c. 2, &sect; 3, emerg. eff. March 12, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2004, c. 275, &sect; 4 (and Laws 2003, c. 202, &sect; 1, which it amended) became effective upon approval by the people of Oklahoma of State Question No. 705, House Bill Number 1278 of the 1st Regular Session of the 49th Oklahoma Legislature (Laws 2003, c. 58, &sect; 37), at election held on Nov. 2, 2004.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2003, c. 58, &sect; 37 repealed by Laws 2009, c. 2, &sect; 4, emerg. eff. March 12, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1052. Lottery unlawful - Nuisance.&nbsp;</span></p> <p><span class="cls0">Every lottery is unlawful, and a common public nuisance.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2471.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211053. Preparing or drawing lottery Punishment.&nbsp;</span></p> <p><span class="cls0">Any person who contrives, prepares, sets up, proposes or draws any lottery shall be guilty of a felony punishable by a fine equal to double the amount of the whole sum or value for which such lottery was made, and if such amount cannot be ascertained, then, by imprisonment in the State Penitentiary not exceeding two (2) years or by imprisonment in a county jail not exceeding one (1) year, or by a fine of Two Thousand Five Hundred Dollars ($2,500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2472. Amended by Laws 1997, c. 133, &sect; 282, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 185, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 282 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211054. Selling lottery tickets.&nbsp;</span></p> <p><span class="cls0">Every person who sells, gives or in any manner whatever furnishes or transfers to or for any other person, any ticket, chance, share or interest, or any paper, certificate or instrument, purporting or represented or understood to be or represent any ticket, chance, share or interest in or depending upon the event of any lottery, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2473. &nbsp;</span></p> <p><span class="cls0">&sect;21-1055. Repealed by Laws 1993, c. 239, &sect; 55, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;211056. Advertising lotteries.&nbsp;</span></p> <p><span class="cls0">Every person who, by writing or printing, by circulars or letters, or in any other way advertises or publishes any account of any lottery stating when or where the same is to be or has been drawn, or what are the prizes or any of them therein, or the price of a ticket or of any share or interest or where it may be obtained, or in any way aiding or assisting the same, or adapted to induce persons to adventure therein, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2475. &nbsp;</span></p> <p><span class="cls0">&sect;211057. Offering property dependent on lottery.&nbsp;</span></p> <p><span class="cls0">Every person who offers for sale, distribution or disposition in any way, any real or personal property, or things in action, or any interest therein, to be determined by lot or chance, that shall be dependent upon the drawing of any lottery within or out of this state, and every person who sells, furnishes or procures, or causes to be sold, furnished or procured in any manner whatsoever, any chance or share, or any interest whatsoever in any property offered for sale, distribution or disposition in violation of this section, or any ticket or other evidence of any chance, share, or interest in such property, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2476. &nbsp;</span></p> <p><span class="cls0">&sect;211058. Lottery offices Punishment.&nbsp;</span></p> <p><span class="cls0">Every person who opens, sets up or keeps, by himself, or by any other person or persons, any office or other place for registering the numbers of any ticket in any lottery or for making, receiving or registering any bets or wagers upon the drawing, determination or result of any lottery, is punishable by imprisonment in a county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00).&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2477. &nbsp;</span></p> <p><span class="cls0">&sect;211059. Advertising lottery offices.&nbsp;</span></p> <p><span class="cls0">Every person who, by writing or printing by circulars or letters, or in any other way, advertises or publishes any account of the opening, setting up or keeping of any office or other place for either of the purposes prohibited by the last section, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2478. &nbsp;</span></p> <p><span class="cls0">&sect;211060. Insuring lottery tickets.&nbsp;</span></p> <p><span class="cls0">Every person who insures or receives any consideration for insuring for or against the drawing of any ticket, share, or interest in any lottery, or for or against the drawing of any number, or ticket, or number of any ticket in any lottery; and every person who receives any valuable consideration upon any agreement to pay any sum, or to deliver any property or thing in action in the event that any ticket, share, or interest in any lottery, or any number, or ticket, or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not drawn on any particular day or in any particular order; and every person who promises, agrees, or offers to pay any sum of money or to deliver any property or thing in action, or to do, or forbear to do anything for the benefit of any other person, with or without consideration, upon any event whatever connected with any lottery, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2479. &nbsp;</span></p> <p><span class="cls0">&sect;211061. Advertising insurance of lottery tickets.&nbsp;</span></p> <p><span class="cls0">Every person who, by writing or printing, by circulars or letters, or in any other way, advertises or publishes any offer, notice or proposal for any violation of the last section, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2480. &nbsp;</span></p> <p><span class="cls0">&sect;211062. Property offered by lottery is forfeited.&nbsp;</span></p> <p><span class="cls0">All property offered for sale, distribution, or disposition, in violation of the provisions of this article, is forfeited to the people of this state, as well before as after the determination of the chance on which the same was dependent. And it is the duty of the respective district attorneys, to demand, sue for, and recover, in behalf of this state, all property so forfeited, and to cause the same to be sold when recovered, and to pay the proceeds of the sale of such property, and any monies that may be collected in any such suit, into the county treasury for the benefit of common schools.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2481. &nbsp;</span></p> <p><span class="cls0">&sect;211063. Letting building for lottery.&nbsp;</span></p> <p><span class="cls0">Every person who lets or permits to be used any building or portion of any building, knowing that it is intended to be used for any of the purposes declared punishable by this article, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2482. &nbsp;</span></p> <p><span class="cls0">&sect;211064. Lotteries drawn out of the state.&nbsp;</span></p> <p><span class="cls0">The provisions of this article apply in respect to lotteries drawn or to be drawn out of this state, whether authorized or not by the laws of the state where they are drawn or to be drawn, in same manner as to lotteries drawn or to be drawn within this state.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2483. &nbsp;</span></p> <p><span class="cls0">&sect;211065. Advertisements by person out of state.&nbsp;</span></p> <p><span class="cls0">The provisions of Sections 2475 and 2478 are applicable wherever the advertisement was published, or the letter or circular sent or delivered through or in this state, notwithstanding the person causing or procuring the same to be published, sent or delivered, was out of this state at the time of so doing.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2484. &nbsp;</span></p> <p><span class="cls0">&sect;211066. Selling plan as lottery.&nbsp;</span></p> <p><span class="cls0">Every person who sets up, promotes or engages in any plan by which goods or anything of value is sold to a person, firm or corporation for a consideration and upon the further consideration that the purchaser agrees to secure one or more persons to participate in the plan by respectively making a similar purchase or purchases and in turn agreeing to secure one or more persons likewise to join in said plan, each purchaser being given the right to secure money, credits, goods or something of value, depending upon the number of persons joining in the plan, shall be held to have set up and promoted a lottery and shall be punished as provided in Section 1068 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 162, &sect; 1, emerg. eff. June 1, 1957. Amended by Laws 1997, c. 133, &sect; 283, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 283 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211067. Injunction.&nbsp;</span></p> <p><span class="cls0">The district court of the judicial district in which any such plan is proposed, operated or promoted may issue an injunction without bond, upon petition filed by the Attorney General, the district attorney of the county in which such plan is proposed, operated or promoted, or other interested individual, to enjoin the further operation of any such plan.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1957, p. 162, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;211068. Penalty.&nbsp;</span></p> <p><span class="cls0">Any person violating the provisions of Section 1066 or 1067 of this title shall, upon conviction thereof, be guilty of a felony and be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment for a term not exceeding two (2) years in the State Penitentiary, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 162, &sect; 3, emerg. eff. June 1, 1957. Amended by Laws 1997, c. 133, &sect; 284, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 186, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 284 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1071. Oklahoma Pyramid Promotional Scheme Act - Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Oklahoma Pyramid Promotional Scheme Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 186, &sect; 1, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1072. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Pyramid Promotional Scheme Act:&nbsp;</span></p> <p><span class="cls0">1. "Compensation" means payment of money, thing of value or financial benefit. Compensation does not include:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;payment to participants based upon sales of products purchased for actual use and consumption, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;payment to participants under reasonable commercial terms;&nbsp;</span></p> <p><span class="cls0">2. "Consideration" means the payment of cash or purchase of goods, services or intangible property. Consideration does not include:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;purchase of products furnished at cost to be used in making sales and not for resale,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;purchase of products where the seller offers to repurchase the participant's products under reasonable commercial terms, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;participant's time and effort in pursuit of sales or recruiting activities;&nbsp;</span></p> <p><span class="cls0">3. "Participant" means a person who contributes money into a pyramid promotional scheme;&nbsp;</span></p> <p><span class="cls0">4. "Person" means an individual, a corporation, a partnership or any association or unincorporated organization;&nbsp;</span></p> <p><span class="cls0">5. "Promote" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;to contrive, prepare, establish, plan, operate or advertise, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;to induce or attempt to induce other persons to be a participant;&nbsp;</span></p> <p><span class="cls0">6. "Pyramid promotional scheme" means any plan or operation by which a participant gives consideration for the opportunity to receive compensation which is derived primarily from the person's introduction of other persons into the plan or operation rather than from the sale of goods, services or intangible property by the participant or other persons introduced into the plan or operation; and&nbsp;</span></p> <p><span class="cls0">7. "Reasonable commercial terms" includes repurchase by the seller, at the participant's request and upon termination of the business relationship or contract with the seller, of all unencumbered products purchased by the participant from the seller within the previous twelve (12) months which are unused and in commercially resalable condition. Repurchase by the seller shall be for not less than ninety percent (90%) of the actual amount paid by the participant to the seller of the products, less any consideration received by the participant for purchase of the products being returned. A product shall not be deemed nonresalable solely because the product is no longer marketed by the seller, unless it is clearly disclosed to the participant at the time of sale that the product is a seasonal, discontinued, or special promotion product, and not subject to the repurchase obligation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 186, &sect; 2, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1073. Promoting pyramid promotional scheme - Penalty.&nbsp;</span></p> <p><span class="cls0">Any person who promotes a pyramid promotional scheme shall be guilty of a felony and, upon conviction, shall be punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment in the State Penitentiary for not more than ten (10) years, or by both such fine and imprisonment, for each violation of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 186, &sect; 3, eff. Nov. 1, 1995. Amended by Laws 1997, c. 133, &sect; 285, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 187, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 285 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1074. Written assurance of discontinuance of violation - Acceptance by district attorney - Restitution.&nbsp;</span></p> <p><span class="cls0">A district attorney may accept a written assurance of discontinuance of any practice in violation of this act from the person that has engaged in the unlawful practice. The district attorney may require in the agreement that by a certain date, restitution will be made to any person that has been a victim of a violation of this act. A person is not required to accept restitution pursuant to an assurance, however, acceptance of restitution pursuant to the assurance will bar that person from seeking damages from the same defendant for the same violations of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 186, &sect; 4, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1075. Civil action.&nbsp;</span></p> <p><span class="cls0">Except as provided in Section 4 of this act, any participant in a pyramid promotional scheme may declare their transaction void and bring a civil action in a court of competent jurisdiction to recover the consideration paid. In such an action, the court, in addition to any judgment awarded, shall require the defendant to pay reasonable attorney fees and the costs of the action, less any money paid to the participant as profit in the pyramid promotional scheme.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 186, &sect; 5, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1081. Offense - Punishment - Fines.&nbsp;</span></p> <p><span class="cls0">Any person who shall procure any other person for prostitution, or who, by promise, threats, violence or by any device or scheme shall cause, induce, persuade or encourage another person to become a prostitute; or shall procure a place as inmate in a house of prostitution for another person; or who shall, by promise, threats, violence, or by any device or scheme cause, induce, persuade or encourage an inmate of a house of prostitution to remain therein as such inmate; or who shall, by fraud, or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority procure any other person to become a prostitute, or to enter any place in which prostitution is encouraged or allowed within this state, or to come into this state or leave this state for the purpose of prostitution, or who shall procure any other person, who has not previously practiced prostitution to become a prostitute within this state, or to come into this state or leave this state for the purpose of prostitution; or shall receive or give or agree to receive or give any money or thing of value for procuring or attempting to procure any other person to become an inmate of a house of prostitution within this state, or to come into this state or leave this state for the purpose of prostitution, shall be guilty of pandering, and upon conviction for any offense under this article shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a period of not less than two (2) years nor more than twenty (20) years and by fines as follows: a fine of not less than One Thousand Dollars ($1,000.00) and not more than Three Thousand Dollars ($3,000.00) upon the first conviction for such offense, a fine of not less than Three Thousand Dollars ($3,000.00) and not more than Six Thousand Dollars ($6,000.00) upon the second conviction, and a fine of not less than Six Thousand Dollars ($6,000.00) and not more than Nine Thousand Dollars ($9,000.00) for the third or subsequent convictions for such offense.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2425. Amended by Laws 1997, c. 133, &sect; 286, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 188, eff. July 1, 1999; Laws 2000, c. 123, &sect; 1, eff. Nov. 1, 2000; Laws 2002, c. 120, &sect; 3, emerg. eff. April 19, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 286 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211082. Part of offense outside of state no defense.&nbsp;</span></p> <p><span class="cls0">It shall not be a defense to a prosecution for any of the acts prohibited in the foregoing section that any part of such act or acts shall have been committed outside this state.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2426. &nbsp;</span></p> <p><span class="cls0">&sect;211083. Injured party as witness.&nbsp;</span></p> <p><span class="cls0">Any such female person, referred to in the foregoing sections, shall be a competent witness in any prosecution under this article, to testify for or against the accused as to any transaction or as to any conversation with the accused or by him with another person or persons in her presence, notwithstanding the fact of her having married the accused before or after the violation of any of the provisions of this article, whether called as a witness during the existence of the marriage or after its dissolution.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2427. &nbsp;</span></p> <p><span class="cls0">&sect;211084. Marriage no defense.&nbsp;</span></p> <p><span class="cls0">The act or state of marriage shall not be a defense to any violation of this article.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2428. &nbsp;</span></p> <p><span class="cls0">&sect;211085. Restraining female in house of prostitution a felony.&nbsp;</span></p> <p><span class="cls0">Whoever shall by any means keep, hold, detain, or restrain against her will, any female person in a house of prostitution or other place where prostitution is practiced or allowed; or whoever shall, directly or indirectly keep, hold, detain or restrain or attempt to keep, hold, detain or restrain, in any house of prostitution or other place where prostitution is practiced or allowed, any female person by any means for the purpose of compelling such female person, directly or indirectly to pay, liquidate or cancel any debt, dues or obligations incurred or said to have been incurred by such female person, shall upon conviction be guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a period of not less than two (2) years nor more than twenty (20) years, and by a fine of not less than Three Hundred Dollars ($300.00) and not more than One Thousand Dollars ($1,000.00). &nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2429. Amended by Laws 1997, c. 133, &sect; 287, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 189, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 287 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211086. Allowing offense on premises Punishment.&nbsp;</span></p> <p><span class="cls0">Any owner, proprietor, keeper, manager, conductor, or other person, who knowingly permits or suffers the violation of any provision of this article, in any house, building, room, tent, lot or premises under his control or of which he has possession, upon conviction, shall be punished for the first offense by imprisonment within the county jail for a period of not less than six (6) months nor more than one (1) year, and by a fine of not more than Three Hundred Dollars ($300.00), and upon conviction for any subsequent offense under this article shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a period of not less than one (1) year nor more than ten (10) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2430. Amended by Laws 1997, c. 133, &sect; 288, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 190, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 288 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1087. Child under 18 years of age - Procuring for prostitution, lewdness or other indecent act - Punishment.&nbsp;</span></p> <p><span class="cls0">A. No person shall:&nbsp;</span></p> <p><span class="cls0">1. Offer, or offer to secure, a child under eighteen (18) years of age for the purpose of prostitution, or for any other lewd or indecent act, or procure or offer to procure a child for, or a place for a child as an inmate in, a house of prostitution or other place where prostitution is practiced;&nbsp;</span></p> <p><span class="cls0">2. Receive or to offer or agree to receive any child under eighteen (18) years of age into any house, place, building, other structure, vehicle, trailer, or other conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose; or&nbsp;</span></p> <p><span class="cls0">3. Direct, take, or transport, or to offer or agree to take or transport, or aid or assist in transporting, any child under eighteen (18) years of age to any house, place, building, other structure, vehicle, trailer, or other conveyance, or to any other person with knowledge or having reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation.&nbsp;</span></p> <p><span class="cls0">B. 1. Any person violating the provisions of subsection A of this section shall, upon conviction, be guilty of a felony punishable by imprisonment of not less than one (1) year nor more than ten (10) years.&nbsp;</span></p> <p><span class="cls0">2. Any owner, proprietor, keeper, manager, conductor, or other person who knowingly permits any violation of this section in any house, building, room, or other premises or any conveyances under his control or of which he has possession shall, upon conviction for the first offense, be guilty of a misdemeanor and punishable by imprisonment in the county jail for a period of not less than six (6) months nor more than one (1) year, and by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). Upon conviction for a subsequent offense pursuant to this subsection such person shall be guilty of a felony 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 ten (10) years, or by a fine of not less than Five Thousand Dollars ($5,000.00) nor more than Twentyfive Thousand Dollars ($25,000.00) or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 55, &sect; 1, eff. Nov. 1, 1985. Amended by Laws 1997, c. 133, &sect; 289, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 191, eff. July 1, 1999; Laws 2007, c. 261, &sect; 15, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 289 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1088. Child under 18 years of age - Inducing, keeping, detaining or restraining for prostitution - Punishment.&nbsp;</span></p> <p><span class="cls0">A. No person shall:&nbsp;</span></p> <p><span class="cls0">1. By promise, threats, violence, or by any device or scheme, including but not limited to the use of any controlled dangerous substance prohibited pursuant to the provisions of the Uniform Controlled Dangerous Substances Act, cause, induce, persuade, or encourage a child under eighteen (18) years of age to engage or continue to engage in prostitution or to become or remain an inmate of a house of prostitution or other place where prostitution is practiced;&nbsp;</span></p> <p><span class="cls0">2. Keep, hold, detain, restrain, or compel against his will, any child under eighteen (18) years of age to engage in the practice of prostitution or in a house of prostitution or other place where prostitution is practiced or allowed; or&nbsp;</span></p> <p><span class="cls0">3. Directly or indirectly keep, hold, detain, restrain, or compel or attempt to keep, hold, detain, restrain, or compel a child under eighteen (18) years of age to engage in the practice of prostitution or in a house of prostitution or any place where prostitution is practiced or allowed for the purpose of compelling such child to directly or indirectly pay, liquidate, or cancel any debt, dues, or obligations incurred, or said to have been incurred by such child.&nbsp;</span></p> <p><span class="cls0">B. 1. Any person violating the provisions of this section other than paragraph 2 of this subsection, upon conviction, shall be guilty of a felony punishable by imprisonment for not less than one (1) year nor more than twentyfive (25) years, and by a fine of not less than Five Thousand Dollars ($5,000.00) nor more than Twentyfive Thousand Dollars ($25,000.00).&nbsp;</span></p> <p><span class="cls0">2. Any owner, proprietor, keeper, manager, conductor, or other person who knowingly permits a violation of this section in any house, building, room, tent, lot or premises under his control or of which he has possession, upon conviction for the first offense, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a period of not less than six (6) months nor more than one (1) year, and by a fine of not more than Five Thousand Dollars ($5,000.00). Upon conviction for a subsequent offense pursuant to the provisions of this subsection such person shall be guilty of a felony punishable by imprisonment for a period of not less than one (1) year nor more than ten (10) years, and by a fine of not less than Five Thousand Dollars ($5,000.00) nor more than Twentyfive Thousand Dollars ($25,000.00).&nbsp;</span></p> <p><span class="cls0">C. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 55, &sect; 2, eff. Nov. 1, 1985. Amended by Laws 1997, c. 133, &sect; 290, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 192, eff. July 1, 1999; Laws 2007, c. 261, &sect; 16, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 290 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1089. Fines for violations relating to prostitution - Percentage forwarded to city - county health department.&nbsp;</span></p> <p><span class="cls0">In counties having a population of greater than four hundred thousand (400,000), One Hundred Dollars ($100.00) of each fine collected for violation of Sections 1028, 1029, 1030, and 1081 of Title 21 of the Oklahoma Statutes shall be forwarded by the court clerk to the city-county health department serving the county.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 348, &sect; 5, emerg. eff. May 30, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211092. Refusing to exhibit stolen goods.&nbsp;</span></p> <p><span class="cls0">Any pawnbroker or person carrying on the business of a pawnbroker, and every junk dealer, who having received any goods which have been embezzled or stolen, refuses or omits to exhibit them, upon demand, during the usual business hours, to the owner of said goods or his agent authorized to demand an inspection thereof, or any peace officer, shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2513. Amended by Laws 1997, c. 133, &sect; 291, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 291 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211093. Selling pledge before default.&nbsp;</span></p> <p><span class="cls0">Every pawnbroker who sells any article received by him in pledge, before the time to redeem the same has expired, and every pawnbroker who willfully refuses to disclose the name of the purchaser and the price received by him for any article received by him in pledge and subsequently sold, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2514. &nbsp;</span></p> <p><span class="cls0">&sect;21-1101. Repealed by Laws 1990, c. 135, &sect; 1, eff. July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;21-1102. License - Restrictions - Fee - Notice - Protests.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person to maintain or operate a public pool or billiard hall, or any public pool or billiard table, in any incorporated city or town, without first securing a license from the district court clerk. The person applying for the license shall appear once each year and satisfy the district court clerk that he or she is a person of good moral character; that he or she has never been convicted of violating any of the laws regulating the traffic in any spirituous, vinous, fermented, or malt liquors, or any of the intoxicating beverage or low-point beer laws of this state, or convicted of violating any of the gambling laws of this state. A fee of Twenty-five Dollars ($25.00) every three (3) years shall be charged for the license. Upon application, the district court clerk shall give five (5) days' notice by posting notices, one notice to be posted at the county courthouse, one notice to be served on the district attorney or the district attorney&rsquo;s assistant, and three (3) notices in the city or town where the pool hall shall be located. The notice shall contain the name of the applicant and the location of the pool or billiard hall. Any citizen of the city or town may file a written protest to the issuance of the license with the district court clerk and the court shall set the matter of protest for hearing. Any person violating any provision of this section shall be punished by fine, not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), for each offense.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1915, c. 21, &sect; 2. Amended by Laws 1968, c. 414, &sect; 2, eff. Jan. 13, 1969; Laws 1978, c. 212, &sect; 7, eff. July 1, 1978; Laws 1991, c. 8, &sect; 1, eff. Sept. 1, 1991; Laws 1995, c. 274, &sect; 4, eff. Nov. 1, 1995; Laws 2000, c. 172, &sect; 2, eff. Nov. 1, 2000; Laws 2001, c. 161, &sect; 1, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1103. Revocation of license.&nbsp;</span></p> <p><span class="cls0">A judge of the district court, upon five (5) days' notice to the person holding such license, may revoke such license for any one of the following reasons:&nbsp;</span></p> <p><span class="cls0">1. Drunkenness of the person holding such license or permitting any intoxicated person to loiter in such place;&nbsp;</span></p> <p><span class="cls0">2. Violation of any provision of law relating to persons under twenty-one (21) years of age and alcoholic beverages as defined in Section 506 of Title 37 or low-point beer as defined in Section 163.2 of Title 37; or&nbsp;</span></p> <p><span class="cls0">3. Violating any of the intoxicating beverage or low-point beer laws of the state; or permitting anyone to violate any of these laws in such place.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1915, c. 21, &sect; 3. Amended by Laws 192324, c. 113, p. 134, &sect; 1; Laws 1968, c. 414, &sect; 3, eff. Jan. 13, 1969; Laws 1991, c. 8, &sect; 2, eff. Sept. 1, 1991; Laws 1995, c. 274, &sect; 5, eff. Nov. 1, 1995; Laws 2001, c. 161, &sect; 1, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211104. Additional fee by city Abolishment.&nbsp;</span></p> <p><span class="cls0">This act shall in no way impair the right of any incorporated city or town to impose an additional license fee for maintaining any such pool or billiard hall, or pool or billiard table; or to prevent any incorporated city or town from abolishing same under existing laws.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1915, c. 21, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;211105. Disposition of fees and fines.&nbsp;</span></p> <p><span class="cls0">All fees collected and all fines collected for the violation of any provision of this act shall be paid into the county treasury to the credit of the court fund.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1915, c. 21, &sect; 5; Laws 1968, c. 414, &sect; 4, eff. Jan. 13, 1969. &nbsp;</span></p> <p><span class="cls0">&sect;21-1111. Rape defined.&nbsp;</span></p> <p><span class="cls0">A. Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances:&nbsp;</span></p> <p><span class="cls0">1. Where the victim is under sixteen (16) years of age;&nbsp;</span></p> <p><span class="cls0">2. Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent;&nbsp;</span></p> <p><span class="cls0">3. Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person;&nbsp;</span></p> <p><span class="cls0">4. Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;&nbsp;</span></p> <p><span class="cls0">5. Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;&nbsp;</span></p> <p><span class="cls0">6. Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused and the spouse to accomplish such act, both the spouse and the accused, upon conviction, shall be deemed guilty of rape;&nbsp;</span></p> <p><span class="cls0">7. Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim; or&nbsp;</span></p> <p><span class="cls0">8. Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system.&nbsp;</span></p> <p><span class="cls0">B. Rape is an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2414. Amended by Laws 1981, c. 325, &sect; 1; Laws 1983, c. 41, &sect; 1, eff. Nov. 1, 1983; Laws 1984, c. 134, &sect; 1, eff. Nov. 1, 1984; Laws 1990, c. 224, &sect; 2, eff. Sept. 1, 1990; Laws 1993, c. 62, &sect; 1, eff. Sept. 1, 1993; Laws 1995, c. 22, &sect; 1, eff. Nov. 1, 1995; Laws 1999, c. 309, &sect; 2, eff. Nov. 1, 1999; Laws 2001, c. 184, &sect; 1, eff. Nov. 1, 2001; Laws 2002, c. 22, &sect; 9, emerg. eff. March 8, 2002; Laws 2006, c. 62, &sect; 5, emerg. eff. April 17, 2006.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2001, c. 51, &sect; 4 repealed by Laws 2002, c. 22, &sect; 34, emerg. eff. March 8, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1111.1. Rape by instrumentation.&nbsp;</span></p> <p><span class="cls0">Rape by instrumentation is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person. Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met; further, where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in conduct prohibited by this section of law with a person who is eighteen (18) years of age or older and is an employee of the same school system, or where the victim is under the legal custody or supervision of a state or federal agency, county, municipal or a political subdivision and engages in conduct prohibited by this section of law with a federal, state, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim, consent shall not be an element of the crime. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 325, &sect; 2. Amended by Laws 1987, c. 224, &sect; 7, eff. Nov. 1, 1987; Laws 2007, c. 261, &sect; 17, eff. Nov. 1, 2007; Laws 2009, c. 444, &sect; 2, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211112. Age limitation on conviction for rape.&nbsp;</span></p> <p><span class="cls0">No person can be convicted of rape or rape by instrumentation on account of an act of sexual intercourse with anyone over the age of fourteen (14) years, with his or her consent, unless such person was over the age of eighteen (18) years at the time of such act.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2415; Laws 1981, c. 325, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;211113. Slight penetration is sufficient to complete crime.&nbsp;</span></p> <p><span class="cls0">The essential guilt of rape or rape by instrumentation, except with the consent of a male or female over fourteen (14) years of age, consists in the outrage to the person and feelings of the victim. Any sexual penetration, however slight, is sufficient to complete the crime.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2416; Laws 1981, c. 325, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;21-1114. Rape in first degree - Second degree.&nbsp;</span></p> <p><span class="cls0">A. Rape in the first degree shall include:&nbsp;</span></p> <p><span class="cls0">1. rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or&nbsp;</span></p> <p><span class="cls0">2. rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or&nbsp;</span></p> <p><span class="cls0">3. rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit; or&nbsp;</span></p> <p><span class="cls0">4. rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused; or&nbsp;</span></p> <p><span class="cls0">5. rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or&nbsp;</span></p> <p><span class="cls0">6. rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or&nbsp;</span></p> <p><span class="cls0">7. rape by instrumentation committed upon a person under fourteen (14) years of age.&nbsp;</span></p> <p><span class="cls0">B. In all other cases, rape or rape by instrumentation is rape in the second degree.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2417. Amended by Laws 1981, c. 325, &sect; 5; Laws 1983, c. 41, &sect; 2, eff. Nov. 1, 1983; Laws 1986, c. 179, &sect; 3, eff. Nov. 1, 1986; Laws 1990, c. 224, &sect; 3, eff. Sept. 1, 1990; Laws 2008, c. 438, &sect; 3, eff. July 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1115. See the following versions:&nbsp;</span></p> <p><span class="cls0">OS 21-1115v1 (SB 1425, Laws 2002, c. 455, &sect; 5).&nbsp;</span></p> <p><span class="cls0">OS 21-1115v2 (HB 2029, Laws 2009, c. 234, &sect; 124).&nbsp;</span></p> <p><span class="cls0">&sect;21-1115v1. Rape in first degree a felony.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2418. Amended by Laws 1965, c. 149, &sect; 1; Laws 1997, c. 133, &sect; 292, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 193, eff. July 1, 1999; Laws 2002, c. 455, &sect; 5, emerg. eff. June 5, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 292 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1115v2. Punishment for rape in first degree.&nbsp;</span></p> <p><span class="cls0">Rape in the first degree is a felony punishable by death or imprisonment in the custody of the Department of Corrections, for a term of not less than five (5) years, life or life without parole. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. Any person convicted of a second or subsequent violation of subsection A of Section 1114 of this title shall not be eligible for any form of probation. Any person convicted of a third or subsequent violation of subsection A of Section 1114 of this title or of an offense under Section 888 of this title or an offense under Section 1123 of this title or sexual abuse of a child pursuant to Section 843.5 of this title, or any attempt to commit any of these offenses or any combination of these offenses shall be punished by imprisonment in the custody of the Department of Corrections for life or life without parole.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2418. Amended by Laws 1965, c. 149, &sect; 1; Laws 1997, c. 133, &sect; 292, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 193, eff. July 1, 1999; Laws 2002, c. 460, &sect; 10, eff. Nov. 1, 2002; Laws 2007, c. 261, &sect; 18, eff. Nov. 1, 2007; Laws 2009, c. 234, &sect; 124, emerg. eff. May 21, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 292 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211116. Rape in second degree a felony.&nbsp;</span></p> <p><span class="cls0">Rape in the second degree is a felony punishable by imprisonment in the State Penitentiary not less than one (1) year nor more than fifteen (15) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2419. Amended by Laws 1997, c. 133, &sect; 293, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 194, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 293 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211117. Compelling woman to marry.&nbsp;</span></p> <p><span class="cls0">Any person who takes any woman against her will, and by force, menace or duress, compels her to marry him or to marry any other person, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not less than ten (10) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2420. Amended by Laws 1997, c. 133, &sect; 294, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 195, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 294 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211118. Intent to compel woman to marry.&nbsp;</span></p> <p><span class="cls0">Any person who takes any woman unlawfully against her will, with the intent to compel her by force, menace or duress to marry him, or to marry any other person, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2421. Amended by Laws 1997, c. 133, &sect; 295, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 196, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 295 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211119. Abduction of person under fifteen.&nbsp;</span></p> <p><span class="cls0">Every person who takes away or induces to leave any person under the age of fifteen (15) years, from a parent, guardian or other person having the legal charge of the person, without the consent of said parent, guardian, or other person having legal charge, for the purpose of marriage or concubinage, or any crime involving moral turpitude shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years, or by imprisonment in the county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2422. Amended by Laws 1976, c. 155, &sect; 1; Laws 1997, c. 133, &sect; 296, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 197, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 296 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211120. Seduction under promise of marriage.&nbsp;</span></p> <p><span class="cls0">Any person who, under promise of marriage, seduces and has illicit connection with any unmarried female of previous chaste character shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years, or 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 fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2423. Amended by Laws 1997, c. 133, &sect; 297, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 198, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 297 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211121. Subsequent marriage as a defense.&nbsp;</span></p> <p><span class="cls0">The subsequent marriage of the parties is a defense to a prosecution for a violation of the last section.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2424. &nbsp;</span></p> <p><span class="cls0">&sect;211122. Marriage after seduction Subsequent abandonment a felony.&nbsp;</span></p> <p><span class="cls0">Any person charged by information or indictment with the offense of seduction who shall, before the trial of such charge, marry the female whom he was accused of seducing, thereby procuring the dismissal of such charge, and who shall within two (2) years after said marriage, without the fault of his said wife, such fault amounting to acts committed by her after said marriage as would entitle him to a divorce under the laws of this state, shall abandon her or refuse to live with her, or shall be so cruel to her as to compel her to leave him, or shall be guilty of such outrages or cruelties towards her as to make their living together impossible, thereby leaving her or forcing her to leave him, and live apart from each other, shall be guilty of the offense of abandonment after seduction and marriage; and any person convicted of said offense shall be guilty of a felony and shall be confined in the State Penitentiary for a term of not less than two (2) years nor more than ten (10) years; and said marriage shall be no bar to the qualifications of said female to testify against the defendant; and the female so seduced and subsequently married and abandoned as herein provided, shall be a competent witness against said defendant.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1915, c. 108, &sect; 1. Amended by Laws 1997, c. 133, &sect; 298, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 199, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 298 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1123. See the following versions:&nbsp;</span></p> <p><span class="cls0">OS 21-1123v1 (SB 1425, Laws 2002, c. 455, &sect; 6).&nbsp;</span></p> <p><span class="cls0">OS 21-1123v2 (HB 2313, Laws 2010, c. 226, &sect; 5).&nbsp;</span></p> <p><span class="cls0">&sect;21-1123v1. Lewd or indecent proposals or acts as to child under 16 - Sexual battery.&nbsp;</span></p> <p><span class="cls0">A. Any person who shall knowingly and intentionally:&nbsp;</span></p> <p><span class="cls0">1. Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age for the child to have unlawful sexual relations or sexual intercourse with any person; or&nbsp;</span></p> <p><span class="cls0">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; or&nbsp;</span></p> <p><span class="cls0">3. Ask, invite, entice, or persuade any 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; or&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">5. In a lewd and lascivious manner and for the purpose of sexual gratification, urinate or defecate upon a child under sixteen (16) years of age or ejaculate upon or in the presence of a child, or force or require a child to look upon the body or private parts of another person or upon sexual acts performed in the presence of the child or force or require a child to touch or feel the body or private parts of said child or another person,&nbsp;</span></p> <p><span class="cls0">upon conviction, shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not less than one (1) year nor more than twenty (20) years, except as provided in Section 3 of this act. The provisions of this section shall not apply unless the accused is at least three (3) years older than the victim. Any person convicted of a second or subsequent violation of subsection A of this section shall be guilty of a felony and shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of subsection A of this section shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary 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.&nbsp;</span></p> <p><span class="cls0">B. No person shall commit sexual battery on any other person. &ldquo;Sexual battery&rdquo; 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 and without the consent of that person or 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.&nbsp;</span></p> <p><span class="cls0">C. Any person convicted of any violation of this subsection shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not more than five (5) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1945, p. 95, &sect; 1, emerg. eff. May 5, 1945. Amended by Laws 1947, p. 232, &sect; 1, emerg. eff. March 6, 1947; Laws 1951, p. 60, &sect; 1, emerg. eff. May 26, 1951; Laws 1955, p. 186, &sect; 1, emerg. eff. May 24, 1955; Laws 1965, c. 97, &sect; 1, emerg. eff. May 12, 1965; Laws 1981, c. 206, &sect; 1, emerg. eff. May 26, 1981; Laws 1983, c. 42, &sect; 1, eff. Nov. 1, 1983; Laws 1985, c. 112, &sect; 4, eff. Nov. 1, 1985; Laws 1989, c. 113, &sect; 1, eff. Nov. 1, 1989; Laws 1990, c. 224, &sect; 4, eff. Sept. 1, 1990; Laws 1992, c. 289, &sect; 3, emerg. eff. May 25, 1992; Laws 1997, c. 133, &sect; 299, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 200, eff. July 1, 1999; Laws 2000, c. 175, &sect; 2, eff. Nov. 1, 2000; Laws 2000, c. 334, &sect; 1, eff. Nov. 1, 2000; Laws 2002, c. 455, &sect; 6, emerg. eff. June 5, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 299 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2000, c. 56, &sect; 1 repealed by Laws 2000, c. 334, &sect; 9, eff. Nov. 1, 2000. Laws 2007, c. 325, &sect; 3 repealed by Laws 2008, c. 3, &sect; 15, emerg. eff. Feb. 28, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1123v2. Lewd or indecent proposals or acts as to child under 16 or person believed to be under 16 &ndash; Sexual battery.&nbsp;</span></p> <p><span class="cls0">A. It is a felony for any person to knowingly and intentionally:&nbsp;</span></p> <p><span class="cls0">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; or&nbsp;</span></p> <p><span class="cls0">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; or&nbsp;</span></p> <p><span class="cls0">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; or&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p class="cls7"><span class="cls0">5. In a lewd and lascivious manner and for the purpose of sexual gratification:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;urinate or defecate upon a child under sixteen (16) years of age,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;ejaculate upon or in the presence of a child,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;cause, expose, force or require a child to look upon the body or private parts of another person,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;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 pornography or materials deemed harmful to minors as such terms are defined by Sections 1024.1 and 1040.75 of this title,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;cause, expose, force or require a child to look upon sexual acts performed in the presence of the child, or&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;force or require a child to touch or feel the body or private parts of said child or another person.&nbsp;</span></p> <p class="cls7"><span class="cls0">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 imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years. 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. 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. 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.&nbsp;</span></p> <p><span class="cls0">B. No person shall commit sexual battery on any other person. &ldquo;Sexual battery&rdquo; 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:&nbsp;</span></p> <p><span class="cls0">1. Without the consent of that person;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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 the same school system that the victim attends.&nbsp;</span></p> <p><span class="cls0">As used in this subsection, &ldquo;employee of the same school system&rdquo; 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 who exercises authority over the victim.&nbsp;</span></p> <p><span class="cls0">C. No person shall in any manner lewdly or lasciviously:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. Urinate, defecate or ejaculate upon any human corpse.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1945, p. 95, &sect; 1, emerg. eff. May 5, 1945. Amended by Laws 1947, p. 232, &sect; 1, emerg. eff. March 6, 1947; Laws 1951, p. 60, &sect; 1, emerg. eff. May 26, 1951; Laws 1955, p. 186, &sect; 1, emerg. eff. May 24, 1955; Laws 1965, c. 97, &sect; 1, emerg. eff. May 12, 1965; Laws 1981, c. 206, &sect; 1, emerg. eff. May 26, 1981; Laws 1983, c. 42, &sect; 1, eff. Nov. 1, 1983; Laws 1985, c. 112, &sect; 4, eff. Nov. 1, 1985; Laws 1989, c. 113, &sect; 1, eff. Nov. 1, 1989; Laws 1990, c. 224, &sect; 4, eff. Sept. 1, 1990; Laws 1992, c. 289, &sect; 3, emerg. eff. May 25, 1992; Laws 1997, c. 133, &sect; 299, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 200, eff. July 1, 1999; Laws 2000, c. 175, &sect; 2, eff. Nov. 1, 2000; Laws 2000, c. 334, &sect; 1, eff. Nov. 1, 2000; Laws 2002, c. 110, &sect; 2, eff. July 1, 2002; Laws 2002, c. 460, &sect; 11, eff. Nov. 1, 2002; Laws 2003, c. 159, &sect; 1, eff. Nov. 1, 2003; Laws 2006, c. 284, &sect; 2, emerg. eff. June 7, 2006; Laws 2007, c. 261, &sect; 19, eff. Nov. 1, 2007; Laws 2008, c. 3, &sect; 14, emerg. eff. Feb. 28, 2008; Laws 2009, c. 234, &sect; 125, emerg. eff. May 21, 2009; Laws 2010, c. 226, &sect; 5, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 299 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2000, c. 56, &sect; 1 repealed by Laws 2000, c. 334, &sect; 9, eff. Nov. 1, 2000. Laws 2007, c. 325, &sect; 3 repealed by Laws 2008, c. 3, &sect; 15, emerg. eff. Feb. 28, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211124. Access to computers, computer systems and computer networks prohibited for certain purposes Penalty.&nbsp;</span></p> <p><span class="cls0">No person shall communicate with, store data in, or retrieve data from a computer system or computer network for the purpose of using such access to violate any of the provisions of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Any person convicted of violating the provisions of this section shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term of not more than five (5) years, or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.&nbsp;</span></p> <p><span class="cls0">&sect;21-1125. Zone of safety - Schools, child care centers, playgrounds and parks - Restrictions on convicted sex offenders - Exemptions.&nbsp;</span></p> <p><span class="cls0">A. A zone of safety is hereby created around elementary, junior high and high schools, permitted or licensed child care centers as defined by the Department of Human Services, playgrounds, and parks. A person is prohibited from loitering within five hundred (500) feet of any elementary, junior high or high school, permitted or licensed child care center, playground, or park if the person has been convicted of a crime that requires the person to register pursuant to the Sex Offenders Registration Act or the person has been convicted of an offense in another jurisdiction, which offense if committed or attempted in this state, would have been punishable as one or more of the offenses listed in Section 582 of Title 57 of the Oklahoma Statutes and the victim was a child under the age of thirteen (13) years.&nbsp;</span></p> <p><span class="cls0">B. A person convicted of a violation of subsection A of this section shall be guilty of a felony punishable by a fine not exceeding Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the county jail for a term of not more than one (1) year, or by both such fine and imprisonment. Any person convicted of a second or subsequent violation of subsection A of this section shall be punished by a fine not exceeding Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the custody of the Department of Corrections for a term of not less than three (3) years, or by both such fine and imprisonment. This proscription of conduct shall not modify or remove any restrictions currently applicable to the person by court order, conditions of probation or as provided by other provision of law.&nbsp;</span></p> <p><span class="cls0">C. 1. A person shall be exempt from the prohibition of this section regarding a school or a licensed or permitted child care facility only under the following circumstances and limited to a reasonable amount of time to complete such tasks:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the person is the custodial parent or legal guardian of a child who is an enrolled student at the school or child care facility, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the person is enrolling, delivering or retrieving such child at the school or licensed or permitted child care center during regular school or facility hours or for school-sanctioned or licensed-or-permitted-child-care-center-sanctioned extracurricular activities.&nbsp;</span></p> <p><span class="cls0">Prior to entering the zone of safety for the purposes listed in this paragraph, the person shall inform school or child care center administrators of his or her status as a registered sex offender. The person shall update monthly, or as often as required by the school or center, information about the specific times the person will be within the zone of safety as established by this section.&nbsp;</span></p> <p><span class="cls0">2. This exception shall not be construed to modify or remove any restrictions applicable to the person by court order, conditions of probation, or as provided by other provision of law.&nbsp;</span></p> <p><span class="cls0">D. The provisions of subsection A of this section shall not apply to any person receiving medical treatment at a hospital or other facility certified or licensed by the State of Oklahoma to provide medical services. As used in this subsection, &ldquo;medical treatment&rdquo; shall not include any form of psychological, social or rehabilitative counseling services or treatment programs for sex offenders.&nbsp;</span></p> <p><span class="cls0">E. Nothing in this section shall prohibit a person, who is registered as a sex offender pursuant to the Sex Offenders Registration Act, from attending a recognized church or religious denomination for worship; provided, the person has notified the religious leader of his or her status as a registered sex offender and the person has been granted written permission by the religious leader.&nbsp;</span></p> <p><span class="cls0">F. For purpose of prosecution of any violation of this section, the provisions of Section 51.1 of this title shall not apply.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 209, &sect; 1, emerg. eff. May 12, 2003. Amended by Laws 2006, c. 284, &sect; 3, emerg. eff. June 7, 2006; Laws 2007, c. 32, &sect; 1, emerg. eff. April 18, 2007; Laws 2007, c. 261, &sect; 20, eff. Nov. 1, 2007; Laws 2008, c. 318, &sect; 2, eff. Nov. 1, 2008; Laws 2010, c. 147, &sect; 1, emerg. eff. April 19, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1151. Disposal of one's own body.&nbsp;</span></p> <p><span class="cls0">A. Any person has the right to direct the manner in which his or her body shall be disposed of after death, and to direct the manner in which any part of his or her body which becomes separated therefrom during his or her lifetime shall be disposed of. The provisions of Section 1151 et seq. of this title do not apply where such person has given directions for the disposal of his or her body or any part thereof inconsistent with these provisions.&nbsp;</span></p> <p><span class="cls0">B. A person may assign the right to direct the manner in which his or her body shall be disposed of after death by executing a sworn affidavit stating the assignment of the right and the name of the person or persons to whom the right has been assigned.&nbsp;</span></p> <p><span class="cls0">C. If the decedent died while serving in any branch of the United States Armed Forces, the United States Reserve Forces or the National Guard, and completed a United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, the person authorized by the decedent pursuant to that form shall have the right to bury the decedent or to provide other funeral and disposition arrangements, including but not limited to cremation.&nbsp;</span></p> <p><span class="cls0">D. Any person who knowingly fails to follow the directions as to the manner in which the body of a person shall be disposed of pursuant to subsection A, B or C of this section, upon conviction thereof, shall be guilty of a misdemeanor punishable by a fine of not more than Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2446. Amended by Laws 1997, c. 197, &sect; 1, eff. Nov. 1, 1997; Laws 2011, c. 208, &sect; 8, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1151a. Forfeiture of right to dispose of body of decedent.&nbsp;</span></p> <p><span class="cls0">Any person entitled by law to the right to dispose of the body of the decedent shall forfeit that right, and the right shall be passed on to the next qualifying person as listed in Section 1158 of Title 21 of the Oklahoma Statutes, in the following circumstances:&nbsp;</span></p> <p><span class="cls0">1. Any person charged with first or second degree murder or voluntary manslaughter in connection with the death of the decedent, and whose charges are known to the funeral director; provided, however that if the charges against such person are dropped, or if such person is acquitted of the charges, the right of disposition shall be returned to the person;&nbsp;</span></p> <p><span class="cls0">2. Any person who does not exercise the right of disposition within three (3) days of notification of the death of the decedent or within five (5) days of the death of the decedent, whichever is earlier; or&nbsp;</span></p> <p><span class="cls0">3. If the district court, pursuant to Title 58 of the Oklahoma Statutes, determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this paragraph, &ldquo;estranged&rdquo; means a physical and emotional separation from the decedent at the time of death that clearly demonstrates an absence of due affection, trust and regard for the decedent.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 208, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211152. Duty of burial.&nbsp;</span></p> <p><span class="cls0">Except in the cases in which a right to dissect a dead body is expressly conferred by law, every dead body of a human being must be decently buried within a reasonable time after the death.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2447. &nbsp;</span></p> <p><span class="cls0">&sect;211153. Burial in other states.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2448. &nbsp;</span></p> <p><span class="cls0">&sect;211154. Autopsy Definition When allowed - Retention of tissue and specimens.&nbsp;</span></p> <p><span class="cls0">A. Autopsy means a post mortem dissection of a dead human body in order to determine the cause, seat or nature of disease or injury and includes, but is not limited to, the retention of tissues for evidentiary, identification, diagnostic, scientific and therapeutic purposes.&nbsp;</span></p> <p><span class="cls0">B. An autopsy may be performed on the dead body of a human being in the following cases:&nbsp;</span></p> <p><span class="cls0">1. In cases authorized by positive enactment of the Legislature;&nbsp;</span></p> <p><span class="cls0">2. Whenever the death occurs under circumstances in which the medical examiner is authorized as provided in Title 63 of the Oklahoma Statutes to conduct such autopsy; or&nbsp;</span></p> <p><span class="cls0">3. Whenever consent is given to a licensed physician to conduct an autopsy on the body of a deceased person by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife, child, guardian, next of kin, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If two (2) or more such persons assume custody of the body, the consent of one of them shall be deemed sufficient.&nbsp;</span></p> <p><span class="cls0">C. 1. Any physician or hospital authorized to perform an autopsy pursuant to this section, whether by statutory authority or by consent from a person entitled to assume custody of the body for burial, shall be and is authorized to retain such tissue and specimens as the examining physician deems proper. Such tissue and specimens may be retained for examination, dissection or study in furtherance of determining the cause of death, or for evidentiary, diagnostic, or scientific purposes. Except with regard to medical examiners and the Office of the Chief Medical Examiner, this provision shall not apply if a person entitled to assume custody of the body for burial notifies the physician or hospital performing the autopsy prior to said autopsy of any objection to the retention of tissue and specimens obtained from the autopsy.&nbsp;</span></p> <p><span class="cls0">2. No physician or hospital authorized to perform an autopsy pursuant to this section shall be subject to criminal or civil liability for the retention, examination, dissection, or study of tissue and specimens obtained from said autopsy under existing laws regarding the prevention of mutilation of dead bodies.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2449; Laws 1967, c. 98, &sect; 1, emerg. eff. April 20, 1967; Laws 1981, c. 106, &sect; 1; Laws 1992, c. 355, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211155. Unlawful dissection is a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Every person who makes or procures to be made any dissection of the body of a human being, except by authority of law, or in pursuance of a permission given by the deceased, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2450. &nbsp;</span></p> <p><span class="cls0">&sect;211156. Remains after dissection.&nbsp;</span></p> <p><span class="cls0">In all cases in which a dissection has been made, the provisions of this article requiring the burial of a dead body, and punishing interference with or injuries to a dead body, apply equally to the remains of the body dissected as soon as the lawful purposes of such dissection have been accomplished.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2451. &nbsp;</span></p> <p><span class="cls0">&sect;211157. Dead limb or member of body.&nbsp;</span></p> <p><span class="cls0">All provisions of this article requiring the burial of a dead body, or punishing interference with or injuries to a dead body, applying equally to any dead limb or member of a human body, separated therefrom during lifetime.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2452. &nbsp;</span></p> <p><span class="cls0">&sect;21-1158. Right to control disposition of the remains of a deceased person.&nbsp;</span></p> <p><span class="cls0">The right to control the disposition of the remains of a deceased person, the location, manner and conditions of disposition, and arrangements for funeral goods and services vests in the following order, provided the person is eighteen (18) years of age or older and of sound mind:&nbsp;</span></p> <p><span class="cls0">1. The decedent, provided the decedent has entered into a pre-need funeral services contract or executed a written document that meets the requirements of the State of Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. A representative appointed by the decedent by means of an executed and witnessed written document meeting the requirements of the State of Oklahoma;&nbsp;</span></p> <p><span class="cls0">3. The surviving spouse;&nbsp;</span></p> <p><span class="cls0">4. The sole surviving adult child of the decedent whose whereabouts is reasonably ascertained or if there is more than one adult child of the decedent, the majority of the surviving adult children whose whereabouts are reasonably ascertained;&nbsp;</span></p> <p><span class="cls0">5. The surviving parent or parents of the decedent, whose whereabouts are reasonably ascertained;&nbsp;</span></p> <p><span class="cls0">6. The surviving adult brother or sister of the decedent whose whereabouts is reasonably ascertained, or if there is more than one adult sibling of the decedent, the majority of the adult surviving siblings, whose whereabouts are reasonably ascertained;&nbsp;</span></p> <p><span class="cls0">7. The guardian of the person of the decedent at the time of the death of the decedent, if one had been appointed;&nbsp;</span></p> <p><span class="cls0">8. The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition;&nbsp;</span></p> <p><span class="cls0">9. If the decedent was an indigent person or other person the final disposition of whose body is the financial responsibility of the state or a political subdivision of the state, the public officer or employee responsible for arranging the final disposition of the remains of the decedent; and&nbsp;</span></p> <p><span class="cls0">10. In the absence of any person under paragraphs 1 through 9 of this section, any other person willing to assume the responsibilities to act and arrange the final disposition of the remains of the decedent, including the personal representative of the estate of the decedent or the funeral director with custody of the body, after attesting in writing that a good-faith effort has been made to no avail to contact the individuals under paragraphs 1 through 9 of this section.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2453. Amended by Laws 1997, c. 197, &sect; 2, eff. Nov. 1, 1997; Laws 2011, c. 208, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1158a. Court authority to award the right of disposition of body of decedent.&nbsp;</span></p> <p><span class="cls0">The district court for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition, and may make decisions regarding the remains of the decedent if those sharing the right of disposition cannot agree. The following provisions shall apply to the determination of the court under this section:&nbsp;</span></p> <p><span class="cls0">1. If the persons holding the right of disposition are two or more persons with the same relationship to the decedent and cannot, by majority vote, make a decision regarding the disposition of the remains of the decedent, any of the persons or a funeral director with custody of the remains may file a petition asking the district court to make a determination in the matter;&nbsp;</span></p> <p><span class="cls0">2. In making a determination under this section, the district court shall consider the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the reasonableness and practicality of the proposed funeral arrangements and disposition,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the degree of the personal relationship between the decedent and each person claiming the right of disposition,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the desires of the person or persons who are ready, willing and able to pay the cost of the funeral arrangements and disposition,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the convenience and needs of other families and friends wishing to pay respects,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the desires of the decedent, and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;the degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect;&nbsp;</span></p> <p><span class="cls0">3. In the event of a dispute regarding the right of disposition, a funeral director shall not be liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral director receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains. If the funeral director retains the remains for final disposition while the parties are in disagreement, the funeral director may embalm, refrigerate, or shelter the body in order to preserve it while awaiting the final decision of the district court and may add the cost of embalming, refrigeration or sheltering to the final disposition costs. If a funeral director brings an action under this section, the funeral director may add the legal fees and court costs associated with a petition under this section to the cost of final disposition. This section shall not be construed to require or to impose a duty on a funeral director to bring an action under this section. A funeral director shall not be held criminally or civilly liable for choosing not to bring an action under this section; and&nbsp;</span></p> <p><span class="cls0">4. Except to the degree it may be considered by the district court under subparagraph c of paragraph 2 of this section, the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have. The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 208, &sect; 3, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1158b. Funeral service agreements - Instructions.&nbsp;</span></p> <p><span class="cls0">Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the authority of the person to order such disposition. A funeral establishment shall have the right to rely on such funeral service contract or authorization and shall have the authority to carry out the instructions of the person or persons who the funeral director reasonably believes holds the right of disposition. The funeral director shall have no responsibility to contact or to independently investigate the existence of any next of kin or relative of the decedent. If there is more than one person in a class who are equal in priority and the funeral director has no knowledge of any objection by other members of such class, the funeral director shall be entitled to rely on and act according to the instructions of the first person in the class to make funeral and disposition arrangements; provided that no other person in such class provides written notice of objections to the funeral director.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 208, &sect; 4, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1158c. Funeral directors - Final disposition - Collection of charges.&nbsp;</span></p> <p><span class="cls0">A funeral director shall have complete authority to control the final disposition and to proceed under this act to recover reasonable charges for the final disposition when both of the following apply:&nbsp;</span></p> <p><span class="cls0">1. The funeral director has actual knowledge that none of the persons described in paragraphs 1 through 7 of Section 1158 of Title 21 of the Oklahoma Statutes exist or that none of the persons so described whose whereabouts are reasonably ascertained, can be found; and&nbsp;</span></p> <p><span class="cls0">2. The appropriate public or court authority fails to assume responsibility for disposition of the remains within thirty-six (36) hours after having been given written notice of the facts. Written notice may be delivered by hand, United States mail, facsimile transmission or electronic mail.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 208, &sect; 5, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1158d. Funeral director - Criminal and civil liability.&nbsp;</span></p> <p><span class="cls0">No funeral establishment or funeral director who relies in good faith upon the instructions of an individual claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 208, &sect; 6, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211159. Neglect of burial.&nbsp;</span></p> <p><span class="cls0">Every person upon whom the duty of making burial of the remains of a deceased person is imposed by law, who omits to perform that duty within a reasonable time, is guilty of a misdemeanor; and, in addition to the punishment prescribed therefor, is liable to pay to the person performing the duty in his stead, treble the expenses incurred by the latter in making the burial, to be recovered in a civil action.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2454. &nbsp;</span></p> <p><span class="cls0">&sect;211160. Persons entitled to custody of body.&nbsp;</span></p> <p><span class="cls0">The person charged by law with the duty of burying the body of a deceased person is entitled to the custody of such body for the purpose of burying it, except that in the cases in which an inquest is required by law to be held upon a dead body, the officer holding the inquest is entitled to its custody until such inquest has been completed.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2455. &nbsp;</span></p> <p><span class="cls0">&sect;211161. Unlawful removal of dead body Violation of or damage to casket or burial vault.&nbsp;</span></p> <p><span class="cls0">A. No person shall intentionally remove the dead body of a human being or any part thereof from the initial site where such dead body is located for any purpose, unless such removal is authorized by a district attorney or his authorized representative or medical examiner or his authorized representative, or is not required to be investigated pursuant to the provisions of Section 938 of Title 63 of the Oklahoma Statutes, said authorization by the district attorney or medical examiner shall not be required prior to the removal of said body. A district attorney having jurisdiction may refuse to prosecute a violation of this subsection if the district attorney determines that circumstances existed which would justify such removal or that such removal was not an act of malice or wantonness.&nbsp;</span></p> <p><span class="cls0">B. No person shall remove any part of the dead body of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same, or to dissect it without authority of law, or from malice or wantonness.&nbsp;</span></p> <p><span class="cls0">C. No person shall willfully or with malicious intent violate or cause damage to the casket or burial vault holding the deceased human remains.&nbsp;</span></p> <p><span class="cls0">D. Any person convicted of violating any of the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary not exceeding five (5) years, or in the county jail not exceeding one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2456. Amended by Laws 1986, c. 281, &sect; 1, eff. Nov. 1, 1986; Laws 1989, c. 193, &sect; 1, eff. Nov. 1, 1989; Laws 1997, c. 133, &sect; 300, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 201, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 300 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1161.1. Desecration of a human corpse - Penalty - Prosecution with other offenses - Definition.&nbsp;</span></p> <p><span class="cls0">A. It is unlawful for any person to knowingly and willfully desecrate a human corpse for any purpose of:&nbsp;</span></p> <p><span class="cls0">1. Tampering with the evidence of a crime;&nbsp;</span></p> <p><span class="cls0">2. Camouflaging the death of human being;&nbsp;</span></p> <p><span class="cls0">3. Disposing of a dead body;&nbsp;</span></p> <p><span class="cls0">4. Impeding or prohibiting the detection, investigation or prosecution of a crime;&nbsp;</span></p> <p><span class="cls0">5. Altering, inhibiting or concealing the identification of a dead body, a crime victim, or a criminal offender; or&nbsp;</span></p> <p><span class="cls0">6. Disrupting, prohibiting or interfering with any law enforcement agency or the Office of the State Medical Examiner in detecting, investigating, examining, determining, identifying or processing a dead body, cause of death, the scene where a dead body is found, or any forensic examination or investigation relating to a dead body or a crime.&nbsp;</span></p> <p><span class="cls0">B. Upon conviction, the violator of any provision of this section shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than seven (7) years, by a fine not exceeding Eight Thousand Dollars ($8,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. This offense may be prosecuted in addition to any prosecution pursuant to Section 1161 of Title 21 of the Oklahoma Statutes for removal of a dead body or any other criminal offense.&nbsp;</span></p> <p><span class="cls0">D. For purposes of this section, &ldquo;desecration of a human corpse&rdquo; means any act committed after the death of a human being including, but not limited to, dismemberment, disfigurement, mutilation, burning, or any act committed to cause the dead body to be devoured, scattered or dissipated; except, those procedures performed by a state agency or licensed authority in due course of its duties and responsibilities for forensic examination, gathering or removing crime scene evidence, presentation or preservation of evidence, dead body identification, cause of death, autopsy, cremation or burial, organ donation, use of a cadaver for medical educational purposes, or other necessary procedures to identify, remove or dispose of a dead body by the proper authority.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 438, &sect; 6, eff. July 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211162. Purchasing dead body.&nbsp;</span></p> <p><span class="cls0">Whoever purchases, or who receives, except for the purpose of burial, any dead body of a human being, knowing the same has been removed contrary to Section 1161 of this title shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2457. Amended by Laws 1997, c. 133, &sect; 301, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 202, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 301 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211163. Unlawful interference with places of burial.&nbsp;</span></p> <p><span class="cls0">Any person who opens any grave or any place of burial, temporary or otherwise, or who breaks open any building wherein any dead body of a human being is deposited while awaiting burial, with intent either:&nbsp;</span></p> <p><span class="cls0">1. To remove any dead body of a human being for the purpose of selling the same, or for the purpose of dissection; or&nbsp;</span></p> <p><span class="cls0">2. To steal the coffin, or any part thereof or anything attached thereto, or connected therewith, or the vestments or other articles buried with the same,&nbsp;</span></p> <p><span class="cls0">shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding two (2) years, or in a county jail not exceeding six (6) months, or by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2458. Amended by Laws 1997, c. 133, &sect; 302, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 203, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 302 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211164. Removal to another burial place.&nbsp;</span></p> <p><span class="cls0">Whenever a cemetery or other place of burial is lawfully authorized to be removed from one place to another, the right and duty to disinter, remove and rebury the remains of bodies there lying buried devolves upon the same persons required to bury the deceased in the order in which they there are named, and if they all fail to act, then upon the lawful custodians of the place of burial so removed. Every omission of such duty is punishable in the same manner as other omissions to perform the duty of making burial.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2459. &nbsp;</span></p> <p><span class="cls0">&sect;211165. Arresting or attaching dead body.&nbsp;</span></p> <p><span class="cls0">Every person who arrests or attaches any dead body of a human being upon any debt or demand whatever, or detains or claims to detain it for any debt or demand, or upon any pretended lien or charge, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2460. &nbsp;</span></p> <p><span class="cls0">&sect;211166. Disturbing funerals.&nbsp;</span></p> <p><span class="cls0">Every person who willfully disturbs, interrupts or disquiets any assemblage of people met for the purpose of any funeral, or who, without authority of law, obstructs or detains any persons engaged in carrying or accompanying any dead body of a human being to a place of burial, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2461. &nbsp;</span></p> <p><span class="cls0">&sect;21-1167. Destruction, mutilation, etc. of cemetery structures, markers, etc. &ndash; Sale or barter of veteran markers.&nbsp;</span></p> <p><span class="cls0">Every person who:&nbsp;</span></p> <p><span class="cls0">1. Shall willfully with malicious intent destroy, mutilate, deface, injure or remove any tomb, monument or gravestone, or other structure placed in any cemetery or private burying ground, or any fence, railing, or other work for the protection or ornament of any such cemetery or place of burial of any human being, or tomb, monument or gravestone, memento, veteran marker from any war, or memorial, or other structure aforesaid, or of any lot within a cemetery, or shall willfully or with malicious intent destroy, cut, break, or injure any tree, shrub or plant, within the limits thereof; or&nbsp;</span></p> <p><span class="cls0">2. Knowingly buys, sells or barters for profit any veteran marker from any war that is placed on a lot within a cemetery or place of burial of any human being,&nbsp;</span></p> <p><span class="cls0">shall be guilty of a misdemeanor if the amount of damage is less than Five Thousand Dollars ($5,000.00), and shall, upon conviction thereof, be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not less than ninety (90) days, or by both such fine and imprisonment. In addition, the court shall require the person to perform not more than one hundred twenty (120) hours of community service. If the amount of damage exceeds Five Thousand Dollars ($5,000.00) the person shall be guilty of a felony and shall, upon conviction thereof, be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the county jail for not less than six (6) months, or by both such fine and imprisonment. In addition, the court shall require the person to perform not more than two hundred forty (240) hours of community service. The court shall not suspend any portion of the community service requirement set forth in this section.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2462. Amended by Laws 1989, c. 193, &sect; 2, eff. Nov. 1, 1989; Laws 2001, c. 386, &sect; 1, eff. July 1, 2001; Laws 2003, c. 179, &sect; 1, eff. Nov. 1, 2003; Laws 2005, c. 225, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211168. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this section and Sections 13 through 18 of this act:&nbsp;&nbsp;1. "Human skeletal remains" means the bony portion of a human body which remains after the flesh has decomposed;&nbsp;</span></p> <p><span class="cls0">2. "Burial grounds" means any place where human skeletal remains are buried;&nbsp;</span></p> <p><span class="cls0">3. "Burial furniture" means any items intentionally placed with human remains at the time of burial and shall include but not be limited to burial markers, items of personal adornment, casket and hardware, stone, bone, shell and metal ornaments and elaborately decorated pottery vessels;&nbsp;</span></p> <p><span class="cls0">4. "State Historic Preservation Officer" means the individual of this title appointed by the Governor and employed by the Oklahoma Historical Society; and&nbsp;</span></p> <p><span class="cls0">5. "State Archaeologist" means the individual of this title employed by the Oklahoma Archeological Survey.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 204, &sect; 12, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;211168.1. Buying, selling or bartering for profit of human skeletal remains or associated burial furniture Felony.&nbsp;</span></p> <p><span class="cls0">Anyone who knowingly buys, sells or barters for profit human skeletal remains or associated burial furniture, previously buried within this state, shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 204, &sect; 13, operative July 1, 1987. Amended by Laws 1997, c. 133, &sect; 303, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 303 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211168.2. Certain institutions and museums to consult tribal leaders or certain state entities before disposition of remains.&nbsp;</span></p> <p><span class="cls0">Accredited educational institutions, or officially designated institutions or museums as provided by Section 361 of Title 53 of the Oklahoma Statutes, coming into possession or knowledge of human skeletal remains or associated burial furniture from Oklahoma shall consult if possible with tribal leaders, designated by the Oklahoma Indian Affairs Commission, regarding the final disposition of said remains prior to any activities related to scientific or educational purposes. Where direct historical ties to existing tribal groups cannot be established, consultation regarding final disposition shall take place with the State Historic Preservation Officer, State Archaeologist and the Director of the Oklahoma Museum of Natural History.&nbsp;</span></p> <p><span class="cls0">&sect;211168.3. Display of open burial ground, furniture or skeletal remains for profit or commercial enterprise.&nbsp;</span></p> <p><span class="cls0">Anyone who knowingly displays an open burial ground, burial furniture or human skeletal remains previously buried in Oklahoma for profit or to aid and abet a commercial enterprise shall be guilty of a misdemeanor and each day of display shall be a separate offense.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 204, &sect; 15, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;211168.4. Discovery of human remains or burial furniture Reporting and notification procedure.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 fortyeight (48) hours to an appropriate law enforcement officer in the county in which the remains are found shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">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 be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">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 be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Notify the State Historic Preservation Officer; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 204, &sect; 16, operative July 1, 1987. Amended by Laws 1997, c. 133, &sect; 304, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 304 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211168.5. Designation of repository for remains and furniture for scientific purposes.&nbsp;</span></p> <p><span class="cls0">If the human skeletal remains and any burial furniture are not directly related to a tribal group or if the remains are not claimed by the consulted entity, the State Archaeologist and the State Historic Preservation Officer with the Director of the Oklahoma Museum of Natural History may designate a repository for curation of such skeletal remains and burial furniture for scientific purposes.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 204, &sect; 17, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;211168.6. Penalties.&nbsp;</span></p> <p><span class="cls0">A. Any person convicted of a misdemeanor pursuant to the provisions of Sections 1168 through 1168.5 of this title shall be punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. Any person convicted of a felony pursuant to the provisions of Sections 1168 through 1168.5 of this title shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), by imprisonment in the State Penitentiary not exceeding two (2) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 204, &sect; 18, operative July 1, 1987. Amended by Laws 1997, c. 133, &sect; 305, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 204, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 305 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1168.7. Federal and state agencies encountering burial grounds, human skeletal remains or burial furniture - Reports - Disposition.&nbsp;</span></p> <p><span class="cls0">A. Any federal or state department or agency which, in the performance of its duties, discovers a burial ground, human skeletal remains or burial furniture shall immediately cease any activity which may cause further disturbance of the site and shall report the presence and location of any skeletal remains to an appropriate law enforcement officer as required by Section 1168 et seq. of Title 21 of the Oklahoma Statutes and shall comply with all other provisions of said sections.&nbsp;</span></p> <p><span class="cls0">B. If it is determined that the burial ground, human skeletal remains or burial furniture is not directly related to a tribal group, the State Historic Preservation Officer shall work with the director of the federal or state department or agency until disposition of the burial ground, human skeletal remains or burial furniture has been completed to the satisfaction of the State Historic Preservation Officer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 214, &sect; 2, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1169. Disposition of human tissue - Rules and regulations.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Health is hereby directed to immediately promulgate rules and regulations for the proper disposition of human tissue by medical facilities over which the Board has jurisdiction.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners shall immediately promulgate rules and regulations for the proper disposition of human tissue by physicians, their employees or agents.&nbsp;</span></p> <p><span class="cls0">C. The State Board of Health, the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners shall cooperatively establish uniform rules and regulations so as to provide consistency for the proper disposition of human tissue.&nbsp;</span></p> <p><span class="cls0">D. Any person violating any rule or regulation established pursuant to subsections A or B of this section relating to the disposition of human tissue shall, upon conviction, be fined an amount not to exceed Ten Thousand Dollars ($10,000.00).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 355, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1171. Peeping Tom &ndash; Use of photographic, electronic or video equipment &ndash; Offenses and punishment - Definition.&nbsp;</span></p> <p><span class="cls0">A. Every person who hides, waits or otherwise loiters in the vicinity of any private dwelling house, apartment building, any other place of residence, or in the vicinity of any locker room, dressing room, restroom or any other place where a person has a right to a reasonable expectation of privacy, with the unlawful and willful intent to watch, gaze, or look upon any person in a clandestine manner, shall, upon conviction, be guilty of a misdemeanor. The violator shall be punished by imprisonment in the county jail for a term of not more than one (1) year, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. Every person who uses photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person without the knowledge and consent of such person when the person viewed is in a place where there is a right to a reasonable expectation of privacy, or who publishes or distributes any image obtained from such act, shall, upon conviction, be guilty of a felony. The violator shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. Every person who uses photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person and capture an image of a private area of a person without the knowledge and consent of such person and knowingly does so under circumstances in which a reasonable person would believe that the private area of the person would not be visible to the public, regardless of whether the person is in a public or private place shall, upon conviction, be guilty of a misdemeanor. The violator shall be punished by imprisonment in the county jail for a term of 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.&nbsp;</span></p> <p><span class="cls0">D. As used in this section, the phrase &ldquo;private area of the person&rdquo; means the naked or undergarment-clad genitals, pubic area, buttocks, or any portion of the areola of the female breast of that individual.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 112, &sect; 1. Amended by Laws 2001, c. 386, &sect; 2, eff. July 1, 2001; Laws 2008, c. 38, &sect; 1, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1172. Obscene, threatening or harassing telecommunication or other electronic communications - Penalty.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for a person who, by means of a telecommunication or other electronic communication device, willfully either:&nbsp;</span></p> <p><span class="cls0">1. Makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent;&nbsp;</span></p> <p><span class="cls0">2. Makes a telecommunication or other electronic communication with intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm to any person or property of that person;&nbsp;</span></p> <p><span class="cls0">3. Makes a telecommunication or other electronic communication, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death;&nbsp;</span></p> <p><span class="cls0">4. Makes a telecommunication or other electronic communication, whether or not conversation ensues, without disclosing the identity of the person making the call or communication and with intent to annoy, abuse, threaten, or harass any person at the called number;&nbsp;</span></p> <p><span class="cls0">5. Knowingly permits any telecommunication or other electronic communication under the control of the person to be used for any purpose prohibited by this section; and&nbsp;</span></p> <p><span class="cls0">6. In conspiracy or concerted action with other persons, makes repeated calls or electronic communications or simultaneous calls or electronic communications solely to harass any person at the called number(s).&nbsp;</span></p> <p><span class="cls0">B. As used in this section, &ldquo;telecommunication&rdquo; and &ldquo;electronic communication&rdquo; mean any type of telephonic, electronic or radio communications, or transmission of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone, including cellular telephones, wire, cable, radio, electromagnetic, photoelectronic or photo-optical system or the creation, display, management, storage, processing, transmission or distribution of images, text, voice, video or data by wire, cable or wireless means, including the Internet. The term includes:&nbsp;</span></p> <p><span class="cls0">1. A communication initiated by electronic mail, instant message, network call, or facsimile machine; and&nbsp;</span></p> <p><span class="cls0">2. A communication made to a pager.&nbsp;</span></p> <p><span class="cls0">C. Use of a telephone or other electronic communications facility under this section shall include all use made of such a facility between the points of origin and reception. Any offense under this section is a continuing offense and shall be deemed to have been committed at either the place of origin or the place of reception.&nbsp;</span></p> <p><span class="cls0">D. Except as provided in subsection E of this section, any person who is convicted of the provisions of subsection A of this section, shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">E. Any person who is convicted of a second offense under this section shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 233, &sect; 1, emerg. eff. April 21, 1969. Amended by Laws 1986, c. 215, &sect; 1, eff. Nov. 1, 1986; Laws 1993, c. 283, &sect; 1, eff. Sept. 1, 1993; Laws 1997, c. 133, &sect; 306, eff. July 1, 1999; Laws 2004, c. 275, &sect; 5, eff. July 1, 2004; Laws 2005, c. 231, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 306 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1173. Stalking - Penalties.&nbsp;</span></p> <p><span class="cls0">A. Any person who willfully, maliciously, and repeatedly follows or harasses another person in a manner that:&nbsp;</span></p> <p><span class="cls0">1. Would cause a reasonable person or a member of the immediate family of that person as defined in subsection F of this section to feel frightened, intimidated, threatened, harassed, or molested; and&nbsp;</span></p> <p><span class="cls0">2. Actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed, or molested,&nbsp;</span></p> <p><span class="cls0">upon conviction, shall be guilty of the crime of stalking, which is a misdemeanor punishable by imprisonment in a county jail for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. Any person who violates the provisions of subsection A of this section when:&nbsp;</span></p> <p><span class="cls0">1. There is a permanent or temporary restraining order, a protective order, an emergency ex parte protective order, or an injunction in effect prohibiting the behavior described in subsection A of this section against the same party, when the person violating the provisions of subsection A of this section has actual notice of the issuance of such order or injunction; or&nbsp;</span></p> <p><span class="cls0">2. Said person is on probation or parole, a condition of which prohibits the behavior described in subsection A of this section against the same party or under the conditions of a community or alternative punishment; or&nbsp;</span></p> <p><span class="cls0">3. Said person, within ten (10) years preceding the violation of subsection A of this section, completed the execution of sentence for a conviction of a crime involving the use or threat of violence against the same party, or against any member of the immediate family of such party,&nbsp;</span></p> <p><span class="cls0">upon conviction, shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term not exceeding five (5) years or by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. Any person who commits a second act of stalking within ten (10) years of the completion of sentence for a prior conviction under subsection A of this section, upon conviction thereof, shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term not exceeding five (5) years, or by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">D. Any person who commits an act of stalking within ten (10) years of the completion of execution of sentence for a prior conviction under subsection B or C of this section, shall, upon conviction thereof, be guilty of a felony punishable by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Ten Thousand Dollars ($10,000.00), or by imprisonment in the State Penitentiary for a term not exceeding ten (10) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">E. Evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact, as defined in subsection F of this section, with the victim after having been requested by the victim to discontinue the same or any other form of unconsented contact, and to refrain from any further unconsented contact with the victim, shall give rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.&nbsp;</span></p> <p><span class="cls0">F. For purposes of this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Harasses&rdquo; means a pattern or course of conduct directed toward another individual that includes, but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable person to suffer emotional distress, and that actually causes emotional distress to the victim. Harassment shall include harassing or obscene phone calls as prohibited by Section 1172 of this title and conduct prohibited by Section 850 of this title. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Course of conduct&rdquo; means a pattern of conduct composed of a series of two (2) or more separate acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of &ldquo;course of conduct&rdquo;;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Emotional distress&rdquo; means significant mental suffering or distress that may, but does not necessarily require, medical or other professional treatment or counseling;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Unconsented contact&rdquo; means any contact with another individual that is initiated or continued without the consent of the individual, or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Constitutionally protected activity is not included within the meaning of unconsented contact. Unconsented contact includes but is not limited to any of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;following or appearing within the sight of that individual,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;approaching or confronting that individual in a public place or on private property,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;appearing at the workplace or residence of that individual,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;entering onto or remaining on property owned, leased, or occupied by that individual,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;contacting that individual by telephone,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;sending mail or electronic communications to that individual, and&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;placing an object on, or delivering an object to, property owned, leased, or occupied by that individual; and&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Member of the immediate family&rdquo;, for the purposes of this section, means any spouse, parent, child, person related within the third degree of consanguinity or affinity or any other person who regularly resides in the household or who regularly resided in the household within the prior six (6) months.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 107, &sect; 1, emerg. eff. June 4, 1992. Amended by Laws 1993, c. 64, &sect; 1, emerg. eff. April 13, 1993; Laws 1997, c. 133, &sect; 307, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 205, eff. July 1, 1999; Laws 2000, c. 370, &sect; 14, eff. July 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1992, c. 348, &sect; 4 repealed the original effective date of Laws 1992, c. 107, &sect; 1 (Sept. 1, 1992). A new emergency effective date of June 4, 1992, was given to that section by Laws 1992, c. 348, &sect; 5.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 307 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1174. Burning cross with intent to intimidate.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person or persons, with the intent of intimidating any person or group of persons, to burn, or cause to be burned, a cross on the property of another, a highway or other public place. Any person who shall violate any provision of this section shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 256, &sect; 2, emerg. eff. May 23, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1175. Unauthorized use of newborn DNA.&nbsp;</span></p> <p><span class="cls0">A laboratory, medical facility, hospital or birthing place is prohibited from the unauthorized storage, transferring, use or databasing of DNA from any newborn child without express parental consent.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 246, &sect; 1, emerg. eff. May 10, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;21-1190. Hazing - Prohibition - Presumption as forced activity - Penalty - Definition.&nbsp;</span></p> <p><span class="cls0">A. No student organization or any person associated with any organization sanctioned or authorized by the governing board of any public or private school or institution of higher education in this state shall engage or participate in hazing.&nbsp;</span></p> <p><span class="cls0">B. Any hazing activity described in subsection F of this section upon which the initiation or admission into or affiliation with an organization sanctioned or authorized by a public or private school or by any institution of higher education in this state is directly or indirectly conditioned shall be presumed to be a forced activity, even if the student willingly participates in such activity.&nbsp;</span></p> <p><span class="cls0">C. A copy of the policy or the rules and regulations of the public or private school or institution of higher education which prohibits hazing shall be given to each student enrolled in the school or institution and shall be deemed to be part of the bylaws of all organizations operating at the public school or the institution of higher education.&nbsp;</span></p> <p><span class="cls0">D. Any organization sanctioned or authorized by the governing board of a public or private school or of an institution of higher education in this state which violates subsection A of this section, upon conviction, shall be guilty of a misdemeanor, and may be punishable by a fine of not more than One Thousand Five Hundred Dollars ($1,500.00) and the forfeit for a period of not less than one (1) year all of the rights and privileges of being an organization organized or operating at the public or private school or at the institution of higher education.&nbsp;</span></p> <p><span class="cls0">E. Any individual convicted of violating the provisions of subsection A of this section shall be guilty of a misdemeanor, and may be punishable by imprisonment for not to exceed ninety (90) days in the county jail, or by the imposition of a fine not to exceed Five Hundred Dollars ($500.00), or by both such imprisonment and fine.&nbsp;</span></p> <p><span class="cls0">F. For purposes of this section:&nbsp;</span></p> <p><span class="cls0">1. "Hazing" means an activity which recklessly or intentionally endangers the mental health or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating subject to the sanction of the public or private school or of any institution of higher education in this state;&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;2. "Endanger the physical health" shall include but not be limited to any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, alcoholic beverage as defined in Section 506 of Title 37 of the Oklahoma Statutes, low-point beer as defined in Section 163.2 of Title 37 of the Oklahoma Statutes, drug, controlled dangerous substance, or other substance, or any other forced physical activity which could adversely affect the physical health or safety of the individual; and&nbsp;</span></p> <p><span class="cls0">3. "Endanger the mental health" shall include any activity, except those activities authorized by law, which would subject the individual to extreme mental stress, such as prolonged sleep deprivation, forced prolonged exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 165, &sect; 3, eff. July 1, 1990. Amended by Laws 1995, c. 274, &sect; 6, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211191. Public nuisance a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2517. &nbsp;</span></p> <p><span class="cls0">&sect;211192. Spread of infectious diseases.&nbsp;</span></p> <p><span class="cls0">Any person who shall inoculate himself or any other person or shall suffer himself to be inoculated with smallpox, syphilis or gonorrhea and shall spread or cause to be spread to any other persons with intent to or recklessly be responsible for the spread of or prevalence of such infectious disease, shall be deemed a felon, and, upon conviction thereof, guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not more than five (5) years nor less than two (2) years.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 2518. Amended by Laws 1997, c. 133, &sect; 308, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 206, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 308 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211192.1. Knowingly engaging in conduct reasonably likely to transfer HIV virus.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any person knowing that he or she has Acquired Immune Deficiency Syndrome (AIDS) or is a carrier of the human immunodeficiency virus (HIV) and with intent to infect another, to engage in conduct reasonably likely to result in the transfer of the person's own blood, bodily fluids containing visible blood, semen, or vaginal secretions into the bloodstream of another, or through the skin or other membranes of another person, except during in utero transmission of blood or bodily fluids, and:&nbsp;</span></p> <p><span class="cls0">1. The other person did not consent to the transfer of blood, bodily fluids containing blood, semen, or vaginal secretions; or&nbsp;</span></p> <p><span class="cls0">2. The other person consented to the transfer but at the time of giving consent had not been informed by the person that the person transferring such blood or fluids had AIDS or was a carrier of HIV.&nbsp;</span></p> <p><span class="cls0">B. Any person convicted of violating the provisions of this section shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 153, &sect; 3, eff. July 1, 1988. Amended by Laws 1991, c. 200, &sect; 2, eff. Sept. 1, 1991; Laws 1997, c. 133, &sect; 309, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 207, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 309 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211194. Gas tar, throwing into public water.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2528. de&nbsp;</span></p> <p><span class="cls0">&sect;211195. Quarantine regulations, violating.&nbsp;</span></p> <p><span class="cls0">Every person who having been lawfully ordered by any health officer to be detained in quarantine and not having been discharged leaves the quarantine grounds or willfully violates any quarantine law or regulation, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2529. d&nbsp;</span></p> <p><span class="cls0">&sect;211196. Apothecary liable for negligence Willful or ignorant acts or omissions.&nbsp;</span></p> <p><span class="cls0">Every apothecary or every person employed as clerk or salesman by an apothecary, or otherwise carrying on business as a dealer in drugs or medicines, who, in putting up any drugs or medicines, willfully, negligently or ignorantly omits to label the same, or puts any untrue label, stamp or other designation of contents upon any box, bottle or other package containing any drugs or medicines, or substitutes a different article for any article prescribed or ordered, or puts up a greater or less quantity of any article than that prescribed or ordered, or otherwise deviates from the terms of the prescription or order which he undertakes to follow, in consequence of which human life or health is endangered, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2530. &nbsp;</span></p> <p><span class="cls0">&sect;211197. Poisons, laying out.&nbsp;</span></p> <p><span class="cls0">Whosoever shall willfully lay out poison with the intent that the same be taken by any domestic animal, or in such a manner as to endanger human life; or whoever shall, if in open range livestock territory, lay out poisons except in a safe place on his own premises, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2531; Laws 1951, p. 61, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;211198. Fires, refusing to aid at or interfering with others' acts.&nbsp;</span></p> <p><span class="cls0">Every person who, at any burning of a building, is guilty of any disobedience to lawful orders of any public officer or fireman, or of any resistance to or interference with the lawful efforts of any fireman or company of firemen to extinguish the same, or of any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, prevents or dissuades others from assisting to extinguish the same, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2533. &nbsp;</span></p> <p><span class="cls0">&sect;211199. Contagious disease, exposing oneself or another with.&nbsp;</span></p> <p><span class="cls0">Every person who willfully exposes himself or another person, being affected with any contagious disease in any public place or thoroughfare, except in his necessary removal in a manner not dangerous to the public health, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2540. &nbsp;</span></p> <p><span class="cls0">&sect;211200. Frauds affecting market price.&nbsp;</span></p> <p><span class="cls0">Every person who willfully makes or publishes any false statement, spreads any false rumor, or employs any other false and fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2541. &nbsp;</span></p> <p><span class="cls0">&sect;211201. Newspapers, false statements in.&nbsp;</span></p> <p><span class="cls0">Every editor or proprietor of any newspaper who willfully publishes in such newspaper as true, any statement which he has not good reason to believe to be true, with intent to increase thereby the sales of copies of such paper, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 2542. d&nbsp;</span></p> <p><span class="cls0">&sect;211202. Eavesdropping.&nbsp;</span></p> <p><span class="cls0">Every person guilty of secretly loitering about any building, with intent to overhear discourse therein, and to repeat or publish the same to vex, annoy, or injure others, is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2543. &nbsp;</span></p> <p><span class="cls0">&sect;21-1205. Throwing, leaving or depositing trash near highway or road unlawful - Establishment of solid waste disposal sites.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person to throw or leave or deposit garbage, tin cans, junk, rubbish or refuse and other items and matters commonly referred to as trash within one hundred (100) yards of any state highway or any county road. Provided, however, that any city or town operating or desiring to operate a solid waste disposal site within the distance above prescribed may establish said solid waste disposal site when said solid waste disposal site is approved by the Oklahoma Department of Environmental Quality.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1945, p. 152, &sect; 2. Amended by Laws 1993, c. 145, &sect; 337, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211206. Punishment for violations.&nbsp;</span></p> <p><span class="cls0">Any person or any officer of any city or town violating any of the provisions of this act shall upon conviction be fined not more than One Hundred Dollars ($100.00), or be imprisoned in the County Jail for not more than thirty (30) days, or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1945, p. 153, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;21-1207. Repealed by Laws 1992, c. 284, &sect; 58, eff. Jan. 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;211208. Abandonment of refrigerators and iceboxes in places accessible to children Penalty.&nbsp;</span></p> <p><span class="cls0">Any person, firm or corporation who abandons or discards, in any place accessible to children, any refrigerator, icebox, or ice chest, of a capacity of one and onehalf (1 1/2) cubic feet or more, which has an attached lid or door which may be opened or fastened shut by means of an attached latch, or who, being the owner, lessee, or manager of such place, knowingly permits such abandoned or discarded refrigerator, icebox or ice chest to remain in such condition, shall be deemed negligent as a matter of law and shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned not more than one (1) year, or both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Laws 1955, p. 188, &sect; 1. d&nbsp;</span></p> <p><span class="cls0">&sect;211209. Disaster areas Prevention of unauthorized persons from hampering rescue operations.&nbsp;</span></p> <p><span class="cls0">The purpose of this act is to prevent sightseers, thrillseekers, souvenir hunters and other unauthorized persons from hampering the work of rescue operations in a disaster area.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1959, p. 276, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;211210. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purpose of, and when used in this act:&nbsp;</span></p> <p><span class="cls0">1. The term "disaster area" means the scene or location of a natural or military disaster, an explosion, an aircraft accident, a fire, a railroad accident and a major traffic accident.&nbsp;</span></p> <p><span class="cls0">2. The term "authorized person" shall include all state, county and municipal police and fire personnel; hospital and ambulance crews; National Guard and Emergency Management personnel ordered into the disaster area by proper authority; federal civil and military personnel on official business; persons who enter the disaster area to maintain or restore facilities for the provision of water, electricity, communications, or transportation to the public; and such other officials as have a valid reason to enter said disaster area.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 276, &sect; 2. Amended by Laws 2003, c. 329, &sect; 57, emerg. eff. May 29, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211211. Following of emergency vehicles unlawful.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for the driver of any vehicle other than one on official business to follow any emergency vehicle or to purposely drive to any location on or near a highway where a disaster area exists.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1959, p. 276, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;21-1211.1. Disruption or prevention of emergency telephone call &ndash; Penalties.&nbsp;</span></p> <p><span class="cls0">Any person who intentionally interrupts, disrupts, impedes or interferes with an emergency telephone call or intentionally prevents or hinders another person from placing an emergency telephone call shall be guilty of a misdemeanor. Upon conviction, the person shall be punished by imprisonment in the county jail for not more than one (1) year, or by a fine of not more than Three Thousand Dollars ($3,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 275, &sect; 6, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;211212. Proceeding to or remaining at disaster area unlawful Removal of objects.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person except an authorized person to proceed to or to remain at a disaster area for the purpose of being a bystander, spectator, sightseer or souvenir hunter; or for any such person to take or remove from the disaster area, or disturb or move, any material objects, equipment or thing either directly or indirectly relating or pertaining to the disaster.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1959, p. 276, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;21-1213. Penalties.&nbsp;</span></p> <p><span class="cls0">1. It is a misdemeanor for any person to violate any of the provisions of Section 1209 et seq. of this title.&nbsp;</span></p> <p><span class="cls0">2. Every person convicted of a misdemeanor for violating any provision of Section 1209 et seq. of this title shall be punished by a fine of not more than Three Thousand Dollars ($3,000.00) or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 276, &sect; 5. Amended by Laws 2012, c. 187, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211214. Radio sets capable of receiving on police frequencies Unlawful uses.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person to operate a mobile radio capable of receiving transmissions made by any law enforcement agency for illegal purposes or while in the commission of a crime and not otherwise and any person violating the provisions hereof shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the State Penitentiary for not more than three (3) years, or fined by not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 228, H.B. No. 811, &sect; 1. Amended by Laws 1965, c. 134, &sect; 1; Laws 1970, c. 271, &sect; 1, emerg. eff. April 28, 1970; Laws 1997, c. 133, &sect; 310, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 208, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 310 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1215. Intoxicating beverages or low-point beer - Possession by persons under age 21.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person under the age of twenty-one (21) years to be in the possession of any intoxicating beverage containing more than three and two-tenths percent (3.2%) alcohol by weight or any low-point beer as defined by Section 163.2 of Title 37 of the Oklahoma Statutes while such person is upon any public street, road, or highway or in any public building or place.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 213, &sect; 1, emerg. eff. June 11, 1963. Amended by Laws 2006, c. 61, &sect; 5, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211216. Penalties.&nbsp;</span></p> <p><span class="cls0">Any person violating the provisions of Section 1 of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail not to exceed thirty (30) days or by payment of a fine not to exceed One Hundred Dollars ($100.00) or by both such fine and imprisonment.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1963, c. 213, &sect; 2, emerg. eff. June 11, 1963. &nbsp;</span></p> <p><span class="cls0">&sect;211217. Firemen Interference with performance of duties.&nbsp;</span></p> <p><span class="cls0">Any person or persons acting in concert with each other who knowingly and willfully interfere with, molest, or assault firemen in the performance of their duties, or who knowingly and willfully obstruct, interfere with or impede the progress of firemen to reach the destination of a fire, shall be deemed guilty of a felony and shall be punished therefor by imprisonment in the State Penitentiary for a term not exceeding ten (10) years nor less than two (2) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 90, &sect; 1, emerg. eff. April 1, 1968. Amended by Laws 1997, c. 133, &sect; 311, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 209, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 311 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;211218. Display of names of military dead at demonstrations or protests without consent prohibited.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for the names of persons killed in military action to be carried, displayed on cards or placards, or otherwise published for the purpose of any antiwar, antipolice action or antidraft demonstration or protest on the grounds of schools, colleges, universities, state institutions or facilities, county or city institutions or facilities, which are wholly or in part supported by public funds, or on any other public property such as parks and streets dedicated to public use, without the written consent of the surviving spouse of such deceased person, if married at time of death or, if unmarried, the written consent of one or both&nbsp;</span></p> <p><span class="cls0">parents, or if they both be deceased, then the next of kin.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1970, c. 66, &sect; 1, emerg. eff. March 16, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;21-1220. Transporting intoxicating beverage or low-point beer - Prohibition &ndash; Special assessment - Exceptions - Penalty.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in subsection C of this section, it shall be unlawful for any operator to knowingly transport or for any passenger to possess in any moving vehicle upon a public highway, street or alley any intoxicating beverage or low-point beer, as defined by Sections 163.1 and 163.2 of Title 37 of the Oklahoma Statutes, except in the original container which shall not have been opened and from which the original cap or seal shall not have been removed, unless the opened container be in the rear trunk or rear compartment, which shall include the spare tire compartment in a station wagon or panel truck, or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided in subsection A of Section 566 of Title 37 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. Any person convicted of violating any provision of subsection A of this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of One Hundred Dollars ($100.00) to be deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2522 of Title 63 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. The provisions of subsection A of this section shall not apply to the passenger area of buses and limousines; however, it shall be unlawful for the driver of the bus or limousine to consume or have in the driver&rsquo;s immediate possession any intoxicating beverage or low-point beer.&nbsp;</span></p> <p><span class="cls0">D. No city, town, or county may adopt any order, ordinance, rule or regulation concerning the consumption or serving of intoxicating beverages or low-point beer in buses or limousines.&nbsp;</span></p> <p><span class="cls0">E. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Bus&rdquo; means a vehicle as defined in Section 1-105 of Title 47 of the Oklahoma Statutes chartered for transportation of persons for hire. It shall not mean a school bus, as defined by Section 1-160 of Title 47 of the Oklahoma Statutes, transporting children or a vehicle operated pursuant to a franchise with a city or town operating over a regularly scheduled route; and&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Limousine&rdquo; means a chauffeur-driven motor vehicle, other than a bus or taxicab, as defined by Section 1-174 of Title 47 of the Oklahoma Statutes, designed and used for transportation of persons for compensation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 290, &sect; 1. Amended by Laws 1990, c. 209, &sect; 1, emerg. eff. May 14, 1990; Laws 1995, c. 274, &sect; 7, eff. Nov. 1, 1995; Laws 2003, c. 30, &sect; 1, emerg. eff. April 7, 2003; Laws 2004, c. 386, &sect; 1, emerg. eff. June 3, 2004; Laws 2005, c. 291, &sect; 1, eff. Nov. 1, 2005; Laws 2006, c. 16, &sect; 1, emerg. eff. March 29, 2006.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2005, c. 190, &sect; 1 repealed by Laws 2006, c. 16, &sect; 2, emerg. eff. March 29, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;21-1220.1. Prohibition of alcohol inhalation device.&nbsp;</span></p> <p><span class="cls0">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, 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 358, &sect; 1, emerg. eff. June 6, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;211221. Contagious diseases among domestic animals.&nbsp;</span></p> <p><span class="cls0">Any person who shall suffer to run at large, or who shall keep in any place where other animals can have access to or become infected by them, any horse, mare, mule, ass, ox, bull, cow, sheep or other domestic animals owned by him, or in his care or possession, and known by him, or good reason to believe such animal to be infected by glanders, farcy, or Texas mange or other infectious or contagious disease, or who shall bring into this state any diseased cattle, shall be punished upon conviction of the same, by imprisonment in the county jail not more than one (1) year or by fine not exceeding Five Hundred Dollars ($500.00).&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2520. &nbsp;</span></p> <p><span class="cls0">&sect;211222. Disposition of animals dying of contagious or infectious diseases.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of the owner of any domestic animal in the State of Oklahoma, which may hereafter die of any contagious or infectious disease, either to burn the carcass thereof or bury the same within twentyfour (24) hours after he has notice or knowledge of such fact so that no part of such carcass shall be nearer than two and onehalf (2 1/2) feet of the surface of the soil: Provided, That all hogs dying of any disease shall be burned. It shall further be unlawful to bury any such carcass as mentioned in this section in any land along any stream or ravine, where it is liable to become exposed through erosion of the soil, or where such land is any time subject to overflow. "Owner", as used in this section, shall mean and include any person having domestic animals in his possession, either by reason of ownership, rent, hire, loan, or otherwise, and shall be subject to all the pains and penalties of this article.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2521. &nbsp;</span></p> <p><span class="cls0">&sect;211223. Leaving carcass in certain places unlawful.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person to leave or deposit, or cause to be deposited or left the carcass of any animal, chicken or other fowl, whether the same shall have died from disease or otherwise, in any well, spring, pond or stream of water; or leave or deposit the same within onefourth (1/4) mile of any occupied dwelling or of any public highway, without burying the same as provided in the preceding section of this act.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2522; Laws 1955, p. 189, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;211224. Violation of sections regarding carcasses a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Every person who violates the two preceding sections, shall be guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2523. &nbsp;</span></p> <p><span class="cls0">&sect;211225. Unclean slaughter houses.&nbsp;</span></p> <p><span class="cls0">If any owner or occupier of any slaughterhouses, or any premises where hogs, beeves or other animals are slaughtered, shall permit the same to remain unclean, to the annoyance of the citizens of this state, or any of them, every person so offending shall be fined upon conviction for every such offense in any sum not less than five nor more than Twentyfive Dollars ($25.00), and if said nuisance be not removed within five (5) days thereafter, it shall be deemed a second offense against the provisions of this section.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 2524. &nbsp;</span></p> <p><span class="cls0">&sect;211226. Selling or buying infected carcass.&nbsp;</span></p> <p><span class="cls0">If any person shall barter, sell or dispose of the carcass of any swine or other domestic animals infected with cholera or other infectious diseases at the time of death to any person for the purpose of manufacturing the same into lard, soap or for any other purpose, or if any person shall buy or otherwise obtain the carcass of any swine or other domestic animals infected with cholera or other infectious diseases a