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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1306 By: Humphrey
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Sections 856 and 856.3, which relate to
the delinquency of minors and criminal street gangs;
expanding scope of certain unlawful acts; defining
term; amending 21 O.S. 2021, Section 1191, which
relates to public nuisances; making certain acts
unlawful; providing penalty; defining term; amending
21 O.S. 2021, Section 1268.1, which relates to the
Oklahoma Antiterrorism Act; adding and modifying
definitions; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 856, is
amended to read as follows:
Section 856. 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.
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2. For purposes of prosecution under this subsection, a
"runaway child" 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. "Compelling reason" means imminent danger from incest,
a life-threatening situation, or equally traumatizing circumstance.
A person aiding a runaway child pursuant to paragraph (4) 4 of
subsection (a) 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.
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.
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
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offense or offenses which the person caused, aided, abetted, or
encouraged the minor to commit or participate in committing.
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 or foreign terrorist
organization, as is defined by subsection subsections F and G of
this section, or any gang member or member of a foreign terrorist
organization 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.
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.
F. "Criminal street gang" 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:
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1. Assault, battery, or assault and battery with a deadly
weapon, as defined in Section 645 of this title;
2. Aggravated assault and battery as defined by Section 646 of
this title;
3. Robbery by force or fear, as defined in Sections 791 through
797 of this title;
4. Robbery or attempted robbery with a dangerous weapon or
imitation firearm, as defined by Section 801 of this title;
5. Unlawful homicide or manslaughter, as defined in Sections
691 through 722 of this title;
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;
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;
8. Arson, as defined in Sections 1401 through 1403 of this
title;
9. The influence or intimidation of witnesses and jurors, as
defined in Sections 388, 455 and 545 of this title;
10. Theft of any vehicle, as described in Section 1720 of this
title;
11. Rape, as defined in Section 1111 of this title;
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12. Extortion, as defined in Section 1481 of this title;
13. Transporting a loaded firearm in a motor vehicle, in
violation of Section 1289.13 of this title;
14. Possession of a concealed weapon, as defined by Section
1289.8 of this title;
15. Shooting or discharging a firearm, as defined by Section
652 of this title;
16. Soliciting, inducing or enticing another to commit an act
of prostitution, as defined by Section 1030 of this title;
17. Human trafficking, as defined by Section 748 of this title;
or
18. Possession of a firearm after former conviction of a
felony, as defined by Section 1283 of this title.
G. "Foreign terrorist organization" means three or more persons
operating as an organization at least partially outside the United
States who engage in criminal activity and threaten the security of
this state or its residents including, but not limited to, a drug
cartel.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 856.3, is
amended to read as follows:
Section 856.3. Any person who attempts or commits a gang-
related offense as a condition of membership in a criminal street
gang or a foreign terrorist organization or while in association
with any criminal street gang or, gang member, or foreign terrorist
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organization 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, "criminal street gang" is and "foreign terrorist
organization" are defined by subsection subsections F and G of
Section 856 of Title 21 of the Oklahoma Statutes this title and
"gang-related offense" means those offenses enumerated in paragraphs
1 through 16 18 of subsection F of Section 856 of Title 21 of the
Oklahoma Statutes this title.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 1191, is
amended to read as follows:
Section 1191. A. 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.
B. Every person who is a member of a foreign terrorist
organization that continuously or regularly associates in gang-
related offenses is a public nuisance and, upon conviction, is
guilty of a felony. As used in this section, "gang-related offense"
means those offenses enumerated in paragraphs 1 through 18 of
subsection F of Section 856 of this title.
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SECTION 4. AMENDATORY 21 O.S. 2021, Section 1268.1, is
amended to read as follows:
Section 1268.1. As used in this act:
1. "Biochemical assault" means the intentional delivery of any
substance or material to another person without lawful cause,
whether or not such substance or material is toxic, noxious or
lethal to humans, to:
a. cause intimidation, fear or anxiety and a reasonable
belief by the victim that death, disease, injury or
illness will occur as a result of contamination by
such substance or material and, based upon that
belief, an emergency response is necessary, or
b. poison, injure, harm or cause disease or illness to
any person;
2. "Biochemical terrorism" means an act of terrorism involving
any biological organism, pathogen, bacterium, virus, chemical or its
toxins, isomers, salts or compounds, or any combination of
organisms, viruses or chemicals that is capable of and intended to
cause death, disease, injury, illness or harm to any human or animal
upon contact or ingestion, or harm to any food supply, plant, water
supply, drink, medicine or other product used for or consumed by
humans or animals;
3. "Conduct" includes initiating, concluding, or participating
in initiating or concluding a transaction;
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4. "Financial institution" includes:
a. any financial institution, as defined in Section
5312(a)(2) of Title 31 of the United States Code, or
the regulations promulgated thereunder, and
b. any foreign bank, as defined in Section 3101 of Title
12 of the United States Code;
5. "Financial transaction" means:
a. a transaction which in any way or degree affects
state, interstate or foreign commerce:
(1) involving the movement of funds by wire or other
means,
(2) involving one or more monetary instruments, or
(3) involving the transfer of title to any real
property, vehicle, vessel, or aircraft, or
b. a transaction involving the use of a financial
institution which is engaged in, or the activities of
which affect, state, interstate or foreign commerce in
any way or degree;
6. "Foreign terrorist organization" means three or more persons
operating as an organization at least partially outside the United
States who engage in criminal activity and threaten the security of
this state or its residents including, but not limited to, a drug
cartel;
7. "Monetary instrument" means:
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a. coin or currency of the United States or of any other
country, travelers' checks, personal checks, bank
checks, and money orders, or
b. investment securities or negotiable instruments, in
bearer form or otherwise in such form that title
thereto passes upon delivery;
7. 8. "Proceeds" means all monies, negotiable instruments, and
securities received, used, or intended to be used to facilitate any
violation of the Oklahoma Antiterrorism Act;
8. 9. "Terrorism" means international or domestic drug
trafficking activity, one or more kidnappings or other act of
violence, or a series of acts of force or violence committed by any
person or member of a foreign terrorist organization, resulting in
damage to property, personal injury or death, or the threat of such
act or acts of force or violence that appears to be intended:
a. to overthrow, destabilize, intimidate or coerce a
civilian population,
b. to influence the policy or conduct of a government by
intimidation or coercion, or
c. in retaliation for the policy or conduct of a
government by intimidation or coercion.
Peaceful picketing or boycotts and other nonviolent action shall
not be considered terrorism;
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9. 10. "Terrorism hoax" means the willful conduct to simulate
an act of terrorism as a joke, hoax, prank or trick against a place,
population, business, agency or government by:
a. the intentional use of any substance to cause fear,
intimidation or anxiety and a reasonable belief by any
victim that such substance is used, placed, sent,
delivered or otherwise employed as an act of
biochemical terrorism requiring an emergency response
or the evacuation or quarantine of any person, place
or article, or
b. any act or threat of violence, sabotage, damage or
harm against a population, place or infrastructure
that causes fear, intimidation or anxiety and a
reasonable belief by any victim that such act or
threat is an act of terrorism to disrupt any place,
population, business, agency or government;
10. 11. "Terrorist activity" means to plan, aid or abet an act
of terrorism or aid or abet any person who plans or commits an act
of terrorism; and
11. 12. "Transaction" includes a purchase, sale, loan, pledge,
gift, transfer, delivery, or other disposition, and with respect to
a financial institution includes a deposit, withdrawal, transfer
between accounts, exchange of currency, loan, extension of credit,
purchase or sale of any stock, bond, certificate of deposit, or
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other monetary instrument, use of a safe deposit box, or any other
payment, transfer, or delivery by, through, or to a financial
institution, by whatever means effected.
SECTION 5. This act shall become effective November 1, 2025.
60-1-10058 GRS 01/07/25