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ENGROSSED HOUSE
BILL NO. 1002 By: Rosecrants and McCane of
the House
and
Bergstrom of the Senate
An Act relating to stalking; amending 21 O.S. 2021,
Section 1173, as last amended by Section 118, Chapter
486, O.S.L. 2025 (21 O.S. Supp. 2025, Section 1173),
which relates to penalties for the crime of stalking;
directing law enforcement agencies to provide certain
notification to victims of stalking; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1173, as
last amended by Section 118, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2025, Section 1173), is amended to read as follows:
Section 1173. A. Any person who willfully, maliciously, and
repeatedly follows or harasses another person in a manner that:
1. Would cause a reasonable person or a member of the immediate
family of that person as defined in subsection F G of this section
to feel frightened, intimidated, threatened, harassed, or molested;
and
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2. Actually causes the person being followed or harassed to
feel terrorized, frightened, intimidated, threatened, harassed, or
molested,
shall, upon conviction, be guilty of the crime of stalking, which is
a felony punishable by imprisonment in the custody of the Department
of Corrections for a term not to exceed three (3) years, or by a
fine not to exceed Five Thousand Dollars ($5,000.00), or by both
such fine and imprisonment. Any person convicted of a second
violation of the provisions of this subsection shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed six (6) years, or by a fine not to exceed Ten
Thousand Dollars ($10,000.00), or by both such fine and
imprisonment. Any person convicted of a third or subsequent
violation of the provisions of this subsection shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed twelve (12) years, or by a fine not to exceed
Fifteen Thousand Dollars ($15,000.00), or by both such fine and
imprisonment.
B. Any person who violates the provisions of subsection A of
this section when:
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
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violating the provisions of subsection A of this section has actual
notice of the issuance of such order or injunction;
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
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,
shall, upon conviction, be guilty of a Class B5 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for a term not to exceed fifteen (15) years, or by a
fine not to exceed Twenty Thousand Dollars ($20,000.00), or by both
such fine and imprisonment.
C. Any person who:
1. Commits a second act of stalking within ten (10) years of
the completion of sentence for a prior conviction of stalking; or
2. Has a prior conviction of stalking and, after being served
with a protective order that prohibits contact with an individual,
knowingly makes unconsented contact with the same individual,
shall, upon conviction, be guilty of a Class B5 felony offense
punishable by imprisonment in the custody of the Department of
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Corrections for a term not to exceed twenty (20) years, or by a fine
not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both
such fine and imprisonment.
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, be guilty of a Class B4 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term not to exceed twenty-five (25) years, or by a fine not to
exceed Thirty Thousand Dollars ($30,000.00), or by both such fine
and imprisonment.
E. Evidence that the defendant continued to engage in a course
of conduct involving repeated unconsented contact, as defined in
subsection F G 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.
F. Whenever a law enforcement agency receives a complaint of
stalking and finds that such conduct has occurred, the law
enforcement agency shall be required to notify the victim of the
availability to meet with a representative of a certified domestic
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violence program, as provided for in Section 18p-1 of Title 74 of
the Oklahoma Statutes.
G. For purposes of determining the crime of stalking, the
following definitions shall apply:
1. "Harasses" 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;
2. "Course of conduct" means a series of two or more separate
acts over a period of time, however short or long, evidencing a
continuity of purpose, including any of the following:
a. maintaining a visual or physical proximity to the
victim,
b. approaching or confronting the victim in a public
place or on private property,
c. appearing at the workplace of the victim or contacting
the employer or coworkers of the victim,
d. appearing at the home of the victim or contacting the
neighbors of the victim,
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e. entering onto or remaining on property owned, leased,
or occupied by the victim,
f. contacting the victim by telephone, text message,
electronic message, electronic mail, or other means of
electronic communication or causing the telephone or
electronic device of the victim or the telephone or
electronic device of any other person to ring or
generate notifications repeatedly or continuously,
regardless of whether a conversation ensues,
g. photographing, videotaping, audiotaping, or, through
any other electronic means, monitoring or recording
the activities of the victim. This subparagraph
applies regardless of where the act occurs,
h. sending to the victim any physical or electronic
material or contacting the victim by any means,
including any message, comment, or other content
posted on any Internet site or web application,
i. sending to a family member or member of the household
of the victim, or any current or former employer of
the victim, or any current or former coworker of the
victim, or any friend of the victim, any physical or
electronic material or contacting such person by any
means, including any message, comment, or other
content posted on any Internet site or web
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application, for the purpose of obtaining information
about, disseminating information about, or
communicating with the victim,
j. placing an object on or delivering an object to
property owned, leased, or occupied by the victim,
k. delivering an object to a family member or member of
the household of the victim, or an employer, coworker,
or friend of the victim, or placing an object on, or
delivering an object to, property owned, leased, or
occupied by such a person with the intent that the
object be delivered to the victim, or
l. causing a person to engage in any of the acts
described in subparagraphs a through k of this
paragraph.
Constitutionally protected activity is not included within the
meaning of "course of conduct";
3. "Emotional distress" means significant mental suffering or
distress that may, but does not necessarily require, medical or
other professional treatment or counseling;
4. "Unconsented contact" 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
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contact. Unconsented contact includes but is not limited to any of
the following:
a. following or appearing within the sight of that
individual,
b. approaching or confronting that individual in a public
place or on private property,
c. appearing at the workplace or residence of that
individual,
d. entering onto or remaining on property owned, leased,
or occupied by that individual,
e. contacting that individual by telephone,
f. sending mail or electronic communications to that
individual, and
g. placing an object on, or delivering an object to,
property owned, leased, or occupied by that
individual;
5. "Member of the immediate family", 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; and
6. "Following" shall include the tracking of the movement or
location of an individual through the use of a Global Positioning
System (GPS) device or other monitoring device by a person, or
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person who acts on behalf of another, without the consent of the
individual whose movement or location is being tracked; provided,
this shall not apply to the lawful use of a GPS device or other
monitoring device or to the use by a new or used motor vehicle
dealer or other motor vehicle creditor of a GPS device or other
monitoring device, including a device containing technology used to
remotely disable the ignition of a motor vehicle, in connection with
lawful action after default of the terms of a motor vehicle credit
sale, loan or lease, and with the express written consent of the
owner or lessee of the motor vehicle.
SECTION 2. This act shall become effective November 1, 2026.
Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of ____, 2026.
Presiding Officer of the Senate