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ENGROSSED HOUSE
BILL NO. 1346 By: Hasenbeck of the House
and
Murdock of the Senate
An Act relating to child pornography; amending
Sections 1 and 2, Chapter 181, O.S.L. 2024 (15 O.S.
Supp. 2024, Sections 791 and 791.1), which relate to
explicit materials and age verification methods;
changing name of certain defined term; modifying
definitions; amending 21 O.S. 2021, Section 13.1, as
amended by Section 1, Chapter 151, O.S.L. 2024 (21
O.S. Supp. 2024, Section 13.1), which relates to
required service of prison sentence; changing name of
certain unlawful acts; amending Sections 3, 4, 6, 7,
9 and 14, Chapter 366, O.S.L. 2024 (21 O.S. Supp.
2024, Sections 20C, 20D, 20F, 20G, 20I and 20N),
which relate to the Oklahoma Sentencing Modernization
Act of 2024; changing name of certain unlawful acts;
amending 21 O.S. 2021, Section 843.5, as amended by
Section 2, Chapter 151, O.S.L. 2024 (21 O.S. Supp.
2024, Section 843.5), which relates to penalties for
child abuse offenses; changing name of certain
unlawful acts; amending 21 O.S. 2021, Sections
1021.2, 1024.1 and 1040.12a, as last amended by
Sections 1, 2 and 3, Chapter 103, O.S.L. 2024 (21
O.S. Supp. 2024, Sections 1021.2, 1024.1 and
1040.12a), which relate to the Oklahoma Law on
Obscenity and Child Sexual Abuse Material; changing
name of certain unlawful acts; defining term;
amending 21 O.S. 2021, Section 1040.80, as amended by
Section 32, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1040.80), which relates to interactive
computer service providers; updating statutory
reference of certain defined term; amending 22 O.S.
2021, Section 40, as amended by Section 8, Chapter
151, O.S.L. 2024 (22 O.S. Supp. 2024, Section 40),
which relates to definitions for certain victim
protective orders; changing name of certain unlawful
acts; amending 22 O.S. 2021, Section 991h, as amended
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by Section 10, Chapter 151, O.S.L. 2024 (22 O.S.
Supp. 2024, Section 991h), which relates to
sentencing powers of the court; changing name of
certain unlawful act; amending 57 O.S. 2021, Section
138, as amended by Section 11, Chapter 151, O.S.L.
2024 (57 O.S. Supp. 2024, Section 138), which relates
to credits for good conduct of inmates; changing name
of certain unlawful acts; amending 57 O.S. 2021,
Section 332.16, as amended by Section 12, Chapter
151, O.S.L. 2024 (57 O.S. Supp. 2024, Section
332.16), which relates to procedures for parole
recommendations; changing name of certain unlawful
act; amending 57 O.S. 2021, Section 571, as last
amended by Section 13, Chapter 151, O.S.L. 2024 (57
O.S. Supp. 2024, Section 571), which relates to
definitions of violent offenses; changing name of
certain unlawful acts; amending 57 O.S. 2021, Section
582, as amended by Section 14, Chapter 151, O.S.L.
2024 (57 O.S. Supp. 2024, Section 582), which relates
to the Sex Offenders Registration Act; changing name
of certain unlawful act; amending 74 O.S. 2021,
Section 151.1, as amended by Section 15, Chapter 151,
O.S.L. 2024 (74 O.S. Supp. 2024, Section 151.1),
which relates to the Internet Crimes Against Children
(ICAC) Unit of the Oklahoma State Bureau of
Investigation; changing name of certain unlawful
acts; expanding purpose of Unit to include additional
sex-related offenses; repealing 21 O.S. 2021, Section
13.1, as amended by Section 5, Chapter 59, O.S.L.
2024 (21 O.S. Supp. 2024, Section 13.1), which
relates to required service of prison sentence;
repealing 21 O.S. 2021, Section 843.5, as amended by
Section 6, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
2024, Section 843.5), which relates to penalties for
child abuse offenses; repealing 21 O.S. 2021,
Sections 1021.2, 1024.1 and 1040.12a, as last amended
by Sections 9, 14 and 20, Chapter 59, O.S.L. 2024 (21
O.S. Supp. 2024, Sections 1021.2, 1024.1 and
1040.12a), which relate to the Oklahoma Law on
Obscenity and Child Sexual Abuse Material; repealing
22 O.S. 2021, Section 40, as amended by Section 34,
Chapter 59, O.S.L. 2024 (22 O.S. Supp. 2024, Section
40), which relates to definitions for certain victim
protective orders; repealing 22 O.S. 2021, Section
991h, as amended by Section 35, Chapter 59, O.S.L.
2024 (22 O.S. Supp. 2024, Section 991h), which
relates to sentencing powers of the court; repealing
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57 O.S. 2021, Section 138, as last amended by Section
38, Chapter 59, O.S.L. 2024 (57 O.S. Supp. 2024,
Section 138), which relates to credits for good
conduct of inmates; repealing 57 O.S. 2021, Section
332.16, as amended by Section 39, Chapter 59, O.S.L.
2024 (57 O.S. Supp. 2024, Section 332.16), which
relates to procedures for parole recommendations;
repealing 57 O.S. 2021, Section 571, as last amended
by Section 40, Chapter 59, O.S.L. 2024 (57 O.S. Supp.
2024, Section 571), which relates to definitions of
violent offenses; repealing 57 O.S. 2021, Section
582, as amended by Section 41, Chapter 59, O.S.L.
2024 (57 O.S. Supp. 2024, Section 582), which relates
to the Sex Offenders Registration Act; repealing 74
O.S. 2021, Section 151.1, as amended by Section 47,
Chapter 59, O.S.L. 2024 (74 O.S. Supp. 2024, Section
151.1), which relates to the Internet Crimes Against
Children (ICAC) Unit of the Oklahoma State Bureau of
Investigation; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 181, O.S.L.
2024 (15 O.S. Supp. 2024, Section 791), is amended to read as
follows:
Section 791. As used in this act:
1. "Child pornography" "Child sexual abuse material" means the
same as used in Section 1024.1 of Title 21 of the Oklahoma Statutes;
2. "Child sexual exploitation" means the same as used in
Section 843.5 of Title 21 of the Oklahoma Statutes;
3. "Commercial entity" means a corporation, limited liability
company, partnership, limited partnership, sole proprietorship, or
other legally recognized entity;
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4. "Digitized identification card" means a data file available
on any mobile device, which has connectivity to the Internet,
through a state-approved application that allows the mobile device
to download the data file from a state agency or any authorized
agent of a state agency that contains all of the data elements
visible on the face and back of a license or identification card and
displays the current state of the licensed or identification card;
5. "Distribute" means to issue, sell, give, provide, deliver,
transfer, transmit, circulate, or disseminate by any means;
6. "Harmful to minors" means the same as terms defined in
Sections 1040.75 through 1040.77 of Title 21 of the Oklahoma
Statutes;
7. "Internet" means the international computer network of both
federal and nonfederal interoperable packet switched data networks;
8. "Minor" means any person eighteen (18) years of age or
younger;
9. "News-gathering organization" means any of the following:
a. an employee of a newspaper, news publication, or news
source, printed or on an online or mobile platform, of
current news and public interest, while operating as
an employee as provided in this subsection, who can
provide documentation of such employment with the
newspaper, news publication, or news source, or
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b. an employee of a radio broadcast station, television
broadcast station, cable television operator, or wire
service while operating as an employee as provided in
this subsection, who can provide documentation of such
employment;
10. "Obscene material" means the same as used in Section 1024.1
of Title 21 of the Oklahoma Statutes;
11. "Publish" means to communicate or make information
available to another person or entity on a publicly available
Internet website;
12. "Reasonable age verification methods" means verifying that
the person seeking access to the available material is eighteen (18)
years of age or older by using the following methods:
a. use of a digitized identification card as defined in
this section,
b. verification through an independent, third-party age
verification service that compares the personal
information entered by the individual who is seeking
access to the material that is available from a
commercially available database, or aggregate of
databases, that is regularly used by government
agencies and businesses for purpose of age and
identity verification, or
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c. any commercially reasonable method that relies on
public or private transactional data to verify the age
of the person attempting to access the material;
13. "Substantial portion" means when more than a third of the
total material available on the website meets the definition of
material harmful to minors as defined in this section; and
14. "Transactional data" means a sequence of information that
documents as exchange, agreement, or transfer between an individual,
commercial entity, or a third party used for the purpose of
satisfying a request or event. Transactional data may include, but
not be limited to, records from mortgage, education, and employment
entities.
SECTION 2. AMENDATORY Section 2, Chapter 181, O.S.L.
2024 (15 O.S. Supp. 2024, Section 791.1), is amended to read as
follows:
Section 791.1. A. Any commercial entity that knowingly and
intentionally publishes or distributes obscene material, or material
that depicts or promotes child pornography sexual abuse material or
child sexual exploitation, on the Internet may be held liable to an
individual for nominal damages, actual damages, court costs, and
reasonable attorney fees as ordered by the court.
B. A commercial entity that has violated this act in a manner
that satisfies standards for imposition of punitive damages
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elsewhere provided by law may be held liable to an individual for
punitive damages.
C. Individual claims that satisfy the generally applicable
standards for joinder or class action elsewhere provided by law or
rules of court, as applicable, may combine their claims in a single
action.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 13.1, as
amended by Section 1, Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 13.1), is amended to read as follows:
Section 13.1. Persons convicted of:
1. First degree murder as defined in Section 701.7 of this
title;
2. Second degree murder as defined by Section 701.8 of this
title;
3. Manslaughter in the first degree as defined by Section 711
of this title;
4. Poisoning with intent to kill as defined by Section 651 of
this title;
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;
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6. Assault with intent to kill as provided for in Section 653
of this title;
7. Conjoint robbery as defined by Section 800 of this title;
8. Robbery with a dangerous weapon as defined in Section 801 of
this title;
9. First degree robbery as defined in Section 797 of this
title;
10. First degree rape as provided for in Section 1111, 1114 or
1115 of this title;
11. First degree arson as defined in Section 1401 of this
title;
12. First degree burglary as provided for in Section 1436 of
this title;
13. Bombing as defined in Section 1767.1 of this title;
14. Any crime against a child provided for in Section 843.5 of
this title;
15. Forcible sodomy as defined in Section 888 of this title;
16. Child pornography sexual abuse material or aggravated child
pornography sexual abuse material as defined in Section 1021.2,
1021.3, 1024.1, 1024.2 or 1040.12a of this title;
17. Child sex trafficking as defined in Section 1030 of this
title;
18. Lewd molestation of a child as defined in Section 1123 of
this title;
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19. Abuse of a vulnerable adult as defined in Section 10-103 of
Title 43A of the Oklahoma Statutes;
20. Aggravated trafficking as provided for in subsection C of
Section 2-415 of Title 63 of the Oklahoma Statutes;
21. Aggravated assault and battery upon any person defending
another person from assault and battery; or
22. Human trafficking as provided for in Section 748 of this
title,
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.
SECTION 4. AMENDATORY Section 3, Chapter 366, O.S.L.
2024 (21 O.S. Supp. 2024, Section 20C), is amended to read as
follows:
Section 20C. A. Upon the effective date of this act, Class A1
shall include the following criminal offenses:
1. Domestic abuse committed against a pregnant woman with
knowledge of the pregnancy and a miscarriage occurs or injury to the
unborn child, as provided for in subsection E of Section 644 of
Title 21 of the Oklahoma Statutes;
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2. Administering poison with intent to kill, as provided for in
Section 651 of Title 21 of the Oklahoma Statutes;
3. Second degree murder, as provided for in paragraph 1 of
Section 701.8 of Title 21 of the Oklahoma Statutes;
4. Second degree murder by a person engaged in the commission
of a felony, as provided for in paragraph 2 of Section 701.8 of
Title 21 of the Oklahoma Statutes;
5. Kidnapping for the purpose of extorting money, as provided
for in subsection A of Section 745 of Title 21 of the Oklahoma
Statutes;
6. Sexual abuse of a child under twelve (12) years of age, as
provided for in subsection F of Section 843.5 of Title 21 of the
Oklahoma Statutes;
7. Sexual exploitation of a child under twelve (12) years of
age, as provided for in subsection I of Section 843.5 of Title 21 of
the Oklahoma Statutes;
8. Sexual abuse of a child under fourteen (14) years of age
subsequent to a previous conviction of sexual abuse of a child under
fourteen (14) years of age, as provided for in subsection K of
Section 843.5 of Title 21 of the Oklahoma Statutes;
9. Soliciting or aiding a minor to perform an obscene act, as
provided for in paragraph 1 of subsection B of Section 1021 of Title
21 of the Oklahoma Statutes;
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10. Showing, exhibiting, loaning, or distributing to a minor
child obscene material or child pornography sexual abuse material
for purposes of inducing the minor to participate in an obscene act,
as provided for in paragraph 2 of subsection B of Section 1021 of
Title 21 of the Oklahoma Statutes;
11. Murder, maiming, robbery, rape, or arson committed in the
course of a riot, as provided for in paragraph 1 of Section 1312 of
Title 21 of the Oklahoma Statutes;
12. Burglary by the aid or use of any explosive, as provided
for in Section 1441 of Title 21 of the Oklahoma Statutes;
13. Place, manufacture, possess, display, or threaten to use
any explosive or incendiary device and personal injury results, as
provided for in Section 1767.1 of Title 21 of the Oklahoma Statutes;
14. Aggravated manufacturing a controlled dangerous substance,
as provided for in paragraph 3 of subsection G of Section 2-401 of
Title 63 of the Oklahoma Statutes; and
15. Using any explosive or blasting agent to kill, injure, or
intimidate any person or to damage any real or personal property and
personal injury results, as provided for in subsection B of Section
124.8 of Title 63 of the Oklahoma Statutes.
B. Any person convicted of a Class A1 criminal offense set
forth in this section shall be punished in accordance with the
corresponding penalties provided for in the Oklahoma Statutes.
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SECTION 5. AMENDATORY Section 4, Chapter 366, O.S.L.
2024 (21 O.S. Supp. 2024, Section 20D), is amended to read as
follows:
Section 20D. A. Upon the effective date of this act, Class A2
shall include the following criminal offenses:
1. Accessory to murder in the first degree, as provided for in
paragraph 5 of Section 175 of Title 21 of the Oklahoma Statutes;
2. Aggravated assault and battery upon a police officer,
sheriff, deputy sheriff, highway patrolman, corrections personnel,
or any state peace officer that results in maiming, as provided for
in subsection B of Section 650 of Title 21 of the Oklahoma Statutes;
3. Solicitation for murder in the first degree, as provided for
in Section 701.16 of Title 21 of the Oklahoma Statutes;
4. Manslaughter in the first degree, as provided for in Section
711 of Title 21 of the Oklahoma Statutes;
5. Administration of poison, drug, or medicine by an
intoxicated physician to another person that causes the death of
such other person, as provided for in Section 712 of Title 21 of the
Oklahoma Statutes;
6. Aiding, assisting, or participating in the receipt,
possession, or exchange of money or thing of value from the
kidnapped person, as provided for in subsection B of Section 745 of
Title 21 of the Oklahoma Statutes;
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7. Human trafficking for labor or commercial sex, as provided
for in subsection C of Section 748 of Title 21 of the Oklahoma
Statutes;
8. Female genital mutilation, as provided for in Section 760 of
Title 21 of the Oklahoma Statutes;
9. Robbery in the first degree, as provided for in Section 798
of Title 21 of the Oklahoma Statutes;
10. Conjoint robbery committed by two or more persons, as
provided for in Section 800 of Title 21 of the Oklahoma Statutes;
11. Robbery or attempted robbery with a dangerous weapon or
imitation firearm, as provided for in Section 801 of Title 21 of the
Oklahoma Statutes;
12. Wiring or equipping vehicles or structures with explosive
materials, things, or devices with intent to cause bodily injury or
death to another person, as provided for in Section 849 of Title 21
of the Oklahoma Statutes;
13. Aggravated possession of child pornography sexual abuse
material, as provided for in Section 1040.12a of Title 21 of the
Oklahoma Statutes;
14. Rape by instrumentation, as provided for in Section 1111.1
of Title 21 of the Oklahoma Statutes;
15. Rape in the first degree, as provided for in subsection A
of Section 1114 of Title 21 of the Oklahoma Statutes;
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16. Compelling a woman to marry another person against her will
by force, menace, or duress, as provided for in Section 1117 of
Title 21 of the Oklahoma Statutes;
17. Maliciously, wantonly, or negligently removing, injuring,
or destroying any railroad or railroad equipment that results in the
death of another human being, as provided for in Section 1752 of
Title 21 of the Oklahoma Statutes;
18. Resisting or aiding in resisting the execution of process
during a state of riot or insurrection, as provided for in Section
107 of Title 22 of the Oklahoma Statutes;
19. Driving under the influence of alcohol or other
intoxicating substance after a previous conviction of murder in the
second degree or manslaughter in the first degree where a death was
caused as a result of driving under the influence of alcohol or
other intoxicating substance, as provided for in paragraph 5 of
subsection C of Section 11-902 of Title 47 of the Oklahoma Statutes;
20. Manufacturing or attempting to manufacture any controlled
dangerous substance or the possession of certain substances, as
provided for in paragraph 2 of subsection G of Section 2-401 of
Title 63 of the Oklahoma Statutes; and
21. Robbery or attempted robbery of controlled dangerous
substances from a practitioner, manufacturer, distributor, or agent
thereof, as provided for in subsection B of Section 2-403 of Title
63 of the Oklahoma Statutes.
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B. Any person convicted of a Class A2 criminal offense set
forth in this section shall be punished in accordance with the
corresponding penalties provided for in the Oklahoma Statutes.
SECTION 6. AMENDATORY Section 6, Chapter 366, O.S.L.
2024 (21 O.S. Supp. 2024, Section 20F), is amended to read as
follows:
Section 20F. A. Upon the effective date of this act, Class B1
shall include the following criminal offenses:
1. Accessory to murder in the second degree, as provided for in
paragraph 5 of Section 175 of Title 21 of the Oklahoma Statutes;
2. Rescuing or attempting to rescue a prisoner charged or
convicted of a felony, as provided for in paragraph 1 of Section 521
of Title 21 of the Oklahoma Statutes;
3. Aiding suicide, as provided for in Section 813 of Title 21
of the Oklahoma Statutes;
4. Aiding suicide by furnishing the person with deadly weapons
or poisonous drugs, as provided for in Section 814 of Title 21 of
the Oklahoma Statutes;
5. Mingling poison, controlled dangerous substances, or sharp
objects harmful to human life with any food, drink, medicine, or
water, as provided for in Section 832 of Title 21 of the Oklahoma
Statutes;
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6. Abuse, financial neglect, neglect, or exploitation by a
caretaker, as provided for in paragraph 1 of subsection B of Section
843.1 of Title 21 of the Oklahoma Statutes;
7. Exploitation of an elderly person or disabled adult, as
provided for in Section 843.4 of Title 21 of the Oklahoma Statutes;
8. Engaging in child neglect, as provided for in subsection C
of Section 843.5 of Title 21 of the Oklahoma Statutes;
9. Enabling child neglect, as provided for in subsection D of
Section 843.5 of Title 21 of the Oklahoma Statutes;
10. Forcible sodomy, as provided for in subsection A of Section
888 of Title 21 of the Oklahoma Statutes;
11. Sodomy by a person over eighteen (18) years of age upon a
person under sixteen (16) years of age, as provided for in paragraph
1 of subsection B of Section 888 of Title 21 of the Oklahoma
Statutes;
12. Sodomy upon a person incapable through mental illness or
unsoundness of mind to give legal consent, as provided for in
paragraph 2 of subsection B of Section 888 of Title 21 of the
Oklahoma Statutes;
13. Sodomy with any person by means of force, violence, or
threats of force or violence, as provided for in paragraph 3 of
subsection B of Section 888 of Title 21 of the Oklahoma Statutes;
14. Sodomy upon a person under the legal custody, supervision,
or authority of a state agency, county, municipality, or political
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subdivision of the state, as provided for in paragraph 4 of
subsection B of Section 888 of Title 21 of the Oklahoma Statutes;
15. Sodomy upon a person at least sixteen (16) years of age but
less than twenty (20) years of age and who is a student of any
public or private secondary school, junior high, high school, or
public vocational school with a person eighteen (18) years of age or
older and who is employed by the same school system, as provided for
in paragraph 5 of subsection B of Section 888 of Title 21 of the
Oklahoma Statutes;
16. Sodomy upon a person who is unconscious, as provided for in
paragraph 7 of subsection B of Section 888 of Title 21 of the
Oklahoma Statutes;
17. Sodomy upon a person who is intoxicated by a narcotic or
anesthetic agent administered by or with the privity of the accused,
as provided for in paragraph 8 of subsection B of Section 888 of
Title 21 of the Oklahoma Statutes;
18. Procuring or causing the participation of a minor in child
pornography sexual abuse material or possessing, procuring,
manufacturing, selling, or distributing child pornography sexual
abuse material, as provided for in Section 1021.2 of Title 21 of the
Oklahoma Statutes;
19. Permitting or consenting to the participation of a minor in
child pornography sexual abuse material by a parent, guardian, or
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individual having custody, as provided for in Section 1021.3 of
Title 21 of the Oklahoma Statutes;
20. Buying, procuring, or possessing child pornography sexual
abuse material, as provided for in Section 1024.2 of Title 21 of the
Oklahoma Statutes;
21. Child prostitution sex trafficking, as provided for in
subsection B of Section 1029 of Title 21 of the Oklahoma Statutes;
22. Receiving or offering to agree to receive a child for
purposes of prostitution child sex trafficking, as provided for in
paragraph 2 of subsection A of Section 1087 of Title 21 of the
Oklahoma Statutes;
23. Transporting or aiding in the transport of a child for
prostitution child sex trafficking, as provided for in paragraph 3
of subsection A of Section 1087 of Title 21 of the Oklahoma
Statutes;
24. Permitting the prostitution child sex trafficking of a
child in any house, building, room, other premises, or any
conveyances under the control of a person, as provided for in
paragraph 2 of subsection B of Section 1087 of Title 21 of the
Oklahoma Statutes;
25. Causing, inducing, persuading, or encouraging a child by
promise, threats, violence, or any device or scheme to engage in
prostitution child sex trafficking, as provided for in paragraph 1
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of subsection A of Section 1088 of Title 21 of the Oklahoma
Statutes;
26. Keeping, holding, detaining, restraining, or compelling a
child to engage in prostitution child sex trafficking, as provided
for in paragraph 2 of subsection A of Section 1088 of Title 21 of
the Oklahoma Statutes;
27. Keeping, holding, detaining, restraining, or compelling a
child to engage in prostitution child sex trafficking for purposes
of compelling the child to pay, liquidate, or cancel any debts,
dues, or obligations incurred by the child, as provided for in
paragraph 3 of subsection A of Section 1088 of Title 21 of the
Oklahoma Statutes;
28. Permitting the keeping, holding, detaining, or restraining
of a child for prostitution child sex trafficking in any house,
building, room, other premises, or any conveyances under the control
of a person, as provided for in paragraph 2 of subsection B of
Section 1088 of Title 21 of the Oklahoma Statutes;
29. Advocating the revolution, sabotage, force and violation,
sedition, treason, or overthrow of the government of the United
States, as provided for in Section 1266 of Title 21 of the Oklahoma
Statutes;
30. Commit, attempt to commit, or aid in the commission of any
act intended to overthrow, destroy, or alter the government of the
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United States, as provided for in Section 1266.4 of Title 21 of the
Oklahoma Statutes;
31. Biochemical terrorism, as provided for in subsection D of
Section 1268.2 of Title 21 of the Oklahoma Statutes;
32. Biochemical assault when the person knows the substance is
toxic, noxious, or lethal to humans, as provided for in subsection C
of Section 1268.5 of Title 21 of the Oklahoma Statutes;
33. Second or subsequent conviction of using a firearm while
committing a felony, as provided for in subsection A of Section 1287
of Title 21 of the Oklahoma Statutes;
34. Discharging a firearm or other deadly weapon at or into a
dwelling or building used for public or business purposes, as
provided for in Section 1289.17A of Title 21 of the Oklahoma
Statutes;
35. Directing, advising, encouraging, or soliciting other
persons to commit acts of force or violence while participating in a
riot, as provided for in paragraph 4 of Section 1312 of Title 21 of
the Oklahoma Statutes;
36. Burglary in the first degree, as provided for in Section
1431 of Title 21 of the Oklahoma Statutes;
37. Seizing or exercising control of any bus by force or
violence or by threats of force or violence, as provided for in
subsection A of Section 1903 of Title 21 of the Oklahoma Statutes;
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38. Using a dangerous or deadly weapon while seizing or
exercising control of a bus or when intimidating, threatening,
assaulting, or battering a bus driver, as provided for in subsection
C of Section 1903 of Title 21 of the Oklahoma Statutes;
39. Receiving, acquiring, and concealing proceeds derived from
unlawful activities in an amount of more than Fifty Thousand Dollars
($50,000.00), as provided for in paragraph 4 of subsection G of
Section 2001 of Title 21 of the Oklahoma Statutes;
40. Participating in racketeering activities, as provided for
in subsection A of Section 1403 of Title 22 of the Oklahoma
Statutes;
41. Acquiring or maintaining any interest in or control of any
enterprise or real property through racketeering activities, as
provided for in subsection B of Section 1403 of Title 22 of the
Oklahoma Statutes;
42. Using or investing any part of proceeds derived from
racketeering activities, as provided for in subsection C of Section
1403 of Title 22 of the Oklahoma Statutes;
43. Conspiring with others to commit unlawful racketeering
activities, as provided for in subsection D of Section 1403 of Title
22 of the Oklahoma Statutes;
44. Causing an accident resulting in great bodily injury while
driving under the influence of alcohol or other intoxicating
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substance, as provided for in paragraph 1 of subsection B of Section
11-904 of Title 47 of the Oklahoma Statutes; and
45. Trafficking in fentanyl or carfentanyl, or any fentanyl
analogs or derivatives, as provided for in subparagraph a of
paragraph 12 of subsection C of Section 2-415 of Title 63 of the
Oklahoma Statutes.
B. Any person convicted of a Class B1 criminal offense set
forth in this section shall be punished in accordance with the
corresponding penalties provided for in the Oklahoma Statutes.
SECTION 7. AMENDATORY Section 7, Chapter 366, O.S.L.
2024 (21 O.S. Supp. 2024, Section 20G), is amended to read as
follows:
Section 20G. A. Upon the effective date of this act, Class B2
shall include the following criminal offenses:
1. Transport, move, or attempt to transport in this state any
alien knowing that the alien has entered the United States in
violation of law, as provided for in subsection A of Section 446 of
Title 21 of the Oklahoma Statutes;
2. Conceal, harbor, or shelter from detection any alien in any
place within this state knowing that the alien has entered the
United States in violation of law, as provided for in subsection B
of Section 446 of Title 21 of the Oklahoma Statutes;
3. Intentionally destroy, hide, alter, abscond with, or keep
certain identification documentation of an individual for the
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purpose of trafficking the individual, as provided for in subsection
C of Section 446 of Title 21 of the Oklahoma Statutes;
4. Allowing any person lawfully held in custody to escape or go
at large by a sheriff, deputy, coroner, clerk of a court, constable,
or other ministerial officer, as provided for in Section 532 of
Title 21 of the Oklahoma Statutes;
5. Kidnapping, as provided for in Section 741 of Title 21 of
the Oklahoma Statutes;
6. Causing, aiding, abetting, or encouraging a minor child to
distribute, dispense, possess, or manufacture a controlled dangerous
substance or a counterfeit or imitation controlled dangerous
substance, as provided for in Section 856.1 of Title 21 of the
Oklahoma Statutes;
7. Trafficking in children, as provided for in Section 866 of
Title 21 of the Oklahoma Statutes;
8. Photographing, publishing, distributing, or participating in
the preparation of child pornography sexual abuse material, as
provided for in subsection C of Section 1040.8 of Title 21 of the
Oklahoma Statutes;
9. Procuring another for the purpose of prostitution, as
provided for in Section 1081 of Title 21 of the Oklahoma Statutes;
10. Keeping, holding, detaining, or restraining against her
will a female in a house of prostitution, as provided for in Section
1085 of Title 21 of the Oklahoma Statutes;
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11. Rape in the second degree, as provided for in subsection B
of Section 1114 of Title 21 of the Oklahoma Statutes;
12. Arson in the second degree, as provided for in Section 1402
of Title 21 of the Oklahoma Statutes;
13. Second or subsequent conviction of residing, either
temporarily or permanently, within a two-thousand-foot radius of a
public or private school, playground, park, licensed child care
center, family child care home, or residence of a victim by a person
who is required to register as a sex offender pursuant to the Sex
Offenders Registration Act, as provided for in subsection A of
Section 590 of Title 57 of the Oklahoma Statutes;
14. Second or subsequent conviction for residing with a minor
child by a person who is required to register as a sex offender
pursuant to the Sex Offenders Registration Act for an offense in
which a minor child was the victim, as provided for in subsection B
of Section 590 of Title 57 of the Oklahoma Statutes;
15. Breaking into and entering the dwelling house of a
defendant by a bail enforcer, as provided for in Section 1350.6 of
Title 59 of the Oklahoma Statutes;
16. Possessing a drug product containing ephedrine,
pseudoephedrine, or phenylpropanolamine with intent to use the
product as a precursor to manufacture methamphetamine or other
controlled substance, as provided for in subsection A of Section 2-
332 of Title 63 of the Oklahoma Statutes;
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17. Aggravated trafficking of marijuana, as provided for in
subparagraph b of paragraph 1 of subsection C of Section 2-415 of
Title 63 of the Oklahoma Statutes;
18. Aggravated trafficking of cocaine, coca leaves, or cocaine
base, as provided for in subparagraph c of paragraph 2 of subsection
C of Section 2-415 of Title 63 of the Oklahoma Statutes;
19. Aggravated trafficking of heroin, as provided for in
subparagraph b of paragraph 3 of subsection C of Section 2-415 of
Title 63 of the Oklahoma Statutes;
20. Aggravated trafficking of amphetamine or methamphetamine,
as provided for in subparagraph c of paragraph 4 of subsection C of
Section 2-415 of Title 63 of the Oklahoma Statutes;
21. Aggravated trafficking of lysergic acid diethylamide (LSD),
as provided for in subparagraph b of paragraph 5 of subsection C of
Section 2-415 of Title 63 of the Oklahoma Statutes; and
22. Aggravated trafficking of phencyclidine (PCP), as provided
for in subparagraph b of paragraph 6 of subsection C of Section 2-
415 of Title 63 of the Oklahoma Statutes.
B. Any person convicted of a Class B2 criminal offense set
forth in this section shall be punished in accordance with the
corresponding penalties provided for in the Oklahoma Statutes.
SECTION 8. AMENDATORY Section 9, Chapter 366, O.S.L.
2024 (21 O.S. Supp. 2024, Section 20I), is amended to read as
follows:
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Section 20I. A. Upon the effective date of this act, Class B4
shall include the following criminal offenses:
1. Concealing the birth or death of a child, as provided for in
Section 53 of Title 21 of the Oklahoma Statutes;
2. Assault, battery, or assault and battery with a sharp or
dangerous weapon, as provided for in Section 645 of Title 21 of the
Oklahoma Statutes;
3. Robbery in the second degree, as provided for in Section 799
of Title 21 of the Oklahoma Statutes;
4. Neglecting a vulnerable adult, as provided for in subsection
B of Section 843.3 of Title 21 of the Oklahoma Statutes;
5. Malicious harassment of another person based on that
person's race, color, religion, ancestry, national origin, or
disability, as provided for in Section 850 of Title 21 of the
Oklahoma Statutes;
6. Abandonment of a child under ten (10) years of age, as
provided for in Section 851 of Title 21 of the Oklahoma Statutes;
7. Abandonment of a wife or child under fifteen (15) years of
age, as provided for in Section 853 of Title 21 of the Oklahoma
Statutes;
8. Second or subsequent conviction for causing, aiding,
abetting, encouraging, soliciting, or recruiting a minor to
participate, join, or associate with a criminal street gang, as
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provided for in subsection E of Section 856 of Title 21 of the
Oklahoma Statutes;
9. Incest, as provided for in Section 885 of Title 21 of the
Oklahoma Statutes;
10. Crime against nature, as provided for in Section 886 of
Title 21 of the Oklahoma Statutes;
11. Taking or enticing away any child under sixteen (16) years
of age with the intent to detain or conceal such child, as provided
for in Section 891 of Title 21 of the Oklahoma Statutes;
12. Indecent exposure, as provided for in paragraph 1 of
subsection A of Section 1021 of Title 21 of the Oklahoma Statutes;
13. Procuring, counseling, or assisting another to commit an
act of indecent exposure, as provided for in paragraph 2 of
subsection A of Section 1021 of Title 21 of the Oklahoma Statutes;
14. Preparing, publishing, selling, distributing, downloading
on a computer, or exhibiting obscene material or child pornography
sexual abuse material, as provided for in paragraph 3 of subsection
A of Section 1021 of Title 21 of the Oklahoma Statutes;
15. Preparing, selling, giving, loaning, distributing, or
exhibiting any type of obscene material or child pornography sexual
abuse material, as provided for in paragraph 4 of subsection A of
Section 1021 of Title 21 of the Oklahoma Statutes;
16. Operating, owning, or maintaining a house of prostitution,
soliciting, enticing, or procuring another for prostitution, or
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transporting or assisting in the transport of another for
prostitution purposes, as provided for in Section 1028 of Title 21
of the Oklahoma Statutes;
17. Engaging in prostitution or soliciting, inducing, enticing,
or procuring another to commit an act of prostitution, as provided
for in subsection A of Section 1029 of Title 21 of the Oklahoma
Statutes;
18. Purchasing, selling, or distributing obscene material or
child pornography sexual abuse material, as provided for in Section
1040.13 of Title 21 of the Oklahoma Statutes;
19. Encouraging, offering, or soliciting sexual conduct with a
minor by use of technology, as provided for in Section 1040.13a of
Title 21 of the Oklahoma Statutes;
20. Promoting a pyramid promotional scheme, as provided for in
Section 1073 of Title 21 of the Oklahoma Statutes;
21. Second or subsequent offense of permitting prostitution in
any house, building, room, or premises under the control of such
person, as provided for in Section 1086 of Title 21 of the Oklahoma
Statutes;
22. Offering or offering to secure a child under eighteen (18)
years of age for the purpose of prostitution child sex trafficking
or transporting or assisting in the transport of a child under
eighteen (18) years of age to a house, place, building, vehicle, or
other conveyance for the purpose of prostitution child sex
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trafficking, as provided for in subsection A of Section 1087 of
Title 21 of the Oklahoma Statutes;
23. Knowingly permitting the prostitution child sex trafficking
of a child under eighteen (18) years of age by an owner, proprietor,
manager, conductor, or other person in any house, place, building,
room, or other premises under the control of such person, as
provided for in paragraph 2 of subsection B of Section 1087 of Title
21 of the Oklahoma Statutes;
24. Taking a woman against her will to compel her by force or
duress to marry another, as provided for in Section 1118 of Title 21
of the Oklahoma Statutes;
25. Abduction of a child under fifteen (15) years of age for
the purpose of marriage, concubinage, or any crime involving moral
turpitude, as provided for in Section 1119 of Title 21 of the
Oklahoma Statutes;
26. Sexual battery, as provided for in subsection B of Section
1123 of Title 21 of the Oklahoma Statutes;
27. Indecent acts with a human corpse, as provided for in
subsection C of Section 1123 of Title 21 of the Oklahoma Statutes;
28. Desecration of a human corpse, as provided for in Section
1161.1 of Title 21 of the Oklahoma Statutes;
29. Stalking within ten (10) years of a prior conviction for
stalking, as provided for in subsection D of Section 1173 of Title
21 of the Oklahoma Statutes;
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30. Interfering with, molesting, or assaulting firefighters in
the performance of their duties, as provided for in Section 1217 of
Title 21 of the Oklahoma Statutes;
31. Concealment of hazardous waste, as provided for in Section
1230.7 of Title 21 of the Oklahoma Statutes;
32. Criminal syndicalism, as provided for in Section 1261 of
Title 21 of the Oklahoma Statutes;
33. Sabotage, as provided for in Section 1262 of Title 21 of
the Oklahoma Statutes;
34. Advocating or teaching criminal syndicalism or sabotage, as
provided for in Section 1263 of Title 21 of the Oklahoma Statutes;
35. Destroying, interfering, hindering, or tampering with real
or personal property with intent to hinder, delay, or interfere with
preparations for defense or for war, as provided for in Section
1265.2 of Title 21 of the Oklahoma Statutes;
36. Make or cause defects with any article or thing with
reasonable grounds to believe such article or thing will be used for
defense or for war, as provided for in Section 1265.3 of Title 21 of
the Oklahoma Statutes;
37. Conspiracy to commit crimes provided in the Sabotage
Prevention Act, as provided for in Section 1265.5 of Title 21 of the
Oklahoma Statutes;
38. Terrorism hoax, as provided for in Section 1268.4 of Title
21 of the Oklahoma Statutes;
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39. Engaging in terrorist activity by manufacturing, sending,
delivering, or possessing any toxic, noxious, or lethal substances,
chemical, biological, or nuclear materials, as provided for in
Section 1268.6 of Title 21 of the Oklahoma Statutes;
40. Conducting or attempting to conduct financial transactions
involving property related to terrorism, as provided for in Section
1268.7 of Title 21 of the Oklahoma Statutes;
41. Using a money services business or an electronic funds
transfer in violation of the Oklahoma Antiterrorism Act, as provided
for in Section 1268.8 of Title 21 of the Oklahoma Statutes;
42. Possession of a firearm by a convicted felon, as provided
for in subsection A of Section 1283 of Title 21 of the Oklahoma
Statutes;
43. Possession of a firearm by a person serving a term of
probation for a felony or who is subject to supervision, probation,
parole, or inmate status, as provided for in subsection C of Section
1283 of Title 21 of the Oklahoma Statutes;
44. Possession of a firearm by a person previously adjudicated
as a delinquent child or youthful offender, as provided for in
subsection D of Section 1283 of Title 21 of the Oklahoma Statutes;
45. Possession of a firearm by a person who is an alien
illegally or unlawfully in the United States, as provided for in
subsection E of Section 1283 of Title 21 of the Oklahoma Statutes;
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46. Allowing a convicted felon, adjudicated delinquent, or
youthful offender to possess a pistol authorized for use under the
Oklahoma Self-Defense Act by a person who has a handgun license, as
provided for in subsection F of Section 1283 of Title 21 of the
Oklahoma Statutes;
47. Use of a firearm or other offensive weapon while committing
a felony, as provided for in Section 1287 of Title 21 of the
Oklahoma Statutes;
48. Pointing a firearm, as provided for in Section 1289.16 of
Title 21 of the Oklahoma Statutes;
49. Manufacturing, importing, or selling restricted bullets, as
provided for in Section 1289.20 of Title 21 of the Oklahoma
Statutes;
50. Possessing, carrying, or using or attempting to use against
another person any restricted bullets, as provided for in Section
1289.21 of Title 21 of the Oklahoma Statutes;
51. Committing a felony while wearing body armor, as provided
for in Section 1289.26 of Title 21 of the Oklahoma Statutes;
52. Carrying a stolen handgun, as provided for in subsection B
of Section 1290.21 of Title 21 of the Oklahoma Statutes;
53. Incitement to riot, as provided for in Section 1320.2 of
Title 21 of the Oklahoma Statutes;
54. Malicious destruction or damage to real or personal
property or malicious injury to another during a state of emergency,
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as provided for in Section 1321.7 of Title 21 of the Oklahoma
Statutes;
55. Participating in a riot during a state of emergency, as
provided for in subsection A of Section 1321.8 of Title 21 of the
Oklahoma Statutes;
56. Causing an innocent or irresponsible person to engage in a
riot, as provided for in subsection E of Section 1321.8 of Title 21
of the Oklahoma Statutes;
57. Possession of explosives by a convicted felon, as provided
for in Section 1368 of Title 21 of the Oklahoma Statutes;
58. Attempting, conspiring, or endeavoring to perform an act of
violence, as provided for in subsection A of Section 1378 of Title
21 of the Oklahoma Statutes;
59. Devising a plan, scheme, or program of action to cause
serious bodily harm or death of another person, as provided for in
subsection C of Section 1378 of Title 21 of the Oklahoma Statutes;
60. Endangering any human life including emergency service
personnel while committing an act of arson, as provided for in
Section 1405 of Title 21 of the Oklahoma Statutes;
61. Intimidating, threatening, assaulting, or battering any
driver, attendant, guard, or passenger of a bus with intent to seize
the bus, as provided for in subsection B of Section 1903 of Title 21
of the Oklahoma Statutes;
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62. Discharging any firearm into or within any bus, terminal,
or other transportation facility, as provided for in subsection D of
Section 1903 of Title 21 of the Oklahoma Statutes;
63. Leaving the scene of a vehicle accident that resulted in
the death of a person, as provided for in Section 10-102.1 of Title
47 of the Oklahoma Statutes;
64. Second felony conviction of driving under the influence of
alcohol or other intoxicating substance, as provided for in
paragraph 3 of subsection C of Section 11-902 of Title 47 of the
Oklahoma Statutes;
65. Causing an accident resulting in the death of another
person while operating a vehicle without a valid driver license, as
provided for in subsection C of Section 11-905 of Title 47 of the
Oklahoma Statutes;
66. Throwing or dropping any substance at a moving vehicle, as
provided for in subsection A of Section 11-1111 of Title 47 of the
Oklahoma Statutes;
67. Throwing or dropping any object from a bridge or overpass
with intent to damage property or injure a person, as provided for
in subsection B of Section 11-1111 of Title 47 of the Oklahoma
Statutes;
68. Manufacturing, selling, transferring, or furnishing a
precursor substance to another with knowledge the recipient will use
such substance to unlawfully manufacture a controlled substance, as
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provided for in subsection C of Section 2-328 of Title 63 of the
Oklahoma Statutes;
69. Second or subsequent conviction for manufacturing, selling,
transferring, furnishing, or receiving a precursor substance, as
provided for in subsection D of Section 2-328 of Title 63 of the
Oklahoma Statutes;
70. Purchasing, obtaining, possessing, manufacturing, selling,
or transferring a precursor substance without a permit or making a
false statement in an application or report, as provided for in
subsection E of Section 2-328 of Title 63 of the Oklahoma Statutes;
71. Selling, transferring, distributing, or dispensing any
product containing ephedrine, pseudoephedrine, or
phenylpropanolamine to another with knowledge the purchaser will use
such product as a precursor to manufacture methamphetamine or
another controlled illegal substance, as provided for in Section 2-
333 of Title 63 of the Oklahoma Statutes;
72. Cultivating, producing, or knowingly permitting the
cultivation or production of any species of plants from which
controlled dangerous substances may be derived, as provided for in
subsection B of Section 2-509 of Title 63 of the Oklahoma Statutes;
73. Manufacturing or attempting to manufacture any controlled
dangerous substance by cooking, burning, or extracting and
converting marijuana or marijuana oil into hashish, hashish oil, or
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hashish powder, as provided for in subsection H of Section 2-509 of
Title 63 of the Oklahoma Statutes;
74. Purchasing or possessing any quantity of pseudoephedrine by
a person who is subject to the Oklahoma Methamphetamine Offender
Registry Act, as provided for in subsection B of Section 2-701 of
Title 63 of the Oklahoma Statutes; and
75. Using an explosive or blasting agent with the intent to
kill, injure, or intimidate a person or unlawfully damage real or
personal property, as provided for in subsection B of Section 124.8
of Title 63 of the Oklahoma Statutes.
B. Any person convicted of a Class B4 criminal offense set
forth in this section shall be punished in accordance with the
corresponding penalties provided for in the Oklahoma Statutes.
SECTION 9. AMENDATORY Section 14, Chapter 366, O.S.L.
2024 (21 O.S. Supp. 2024, Section 20N), is amended to read as
follows:
Section 20N. A. Upon the effective date of this act, Class D1
shall include the following criminal offenses:
1. Public warehouse and/or commodity stock fraud, as provided
for in Section 9-34 of Title 2 of the Oklahoma Statutes;
2. False issuance of warehouse receipt, as provided for in
Section 9-35 of Title 2 of the Oklahoma Statutes;
3. Misrepresentation of charter, as provided for in Section 9-
36 of Title 2 of the Oklahoma Statutes;
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4. Tampering with anhydrous equipment, as provided for in
subsection A of Section 11-10 of Title 2 of the Oklahoma Statutes;
5. Willfully burn forest, grass, crops, or woodlands, as
provided for in Section 16-25 of Title 2 of the Oklahoma Statutes;
6. Willful and unlawful burning of forest, grass, croplands,
rangeland, or other wild lands by owner, as provided for in Section
16-28.1 of Title 2 of the Oklahoma Statutes;
7. Possession of incendiary device with the intent to burn, as
provided for in Section 16-34 of Title 2 of the Oklahoma Statutes;
8. Operate aircraft not registered with the Federal Aviation
Administration Office of Aircraft Registry or foreign country, as
provided for in subsection A of Section 258 of Title 3 of the
Oklahoma Statutes;
9. Supply false information in regard to aircraft ownership, as
provided for in subsection B of Section 258 of Title 3 of the
Oklahoma Statutes;
10. Concealing identity of aircraft, as provided for in
subsection C of Section 258 of Title 3 of the Oklahoma Statutes;
11. Destruction of registration or serial number on aircraft,
as provided for in subsection A of Section 259 of Title 3 of the
Oklahoma Statutes;
12. Destruction of registration or serial number on aircraft
with intent to conceal, as provided for in subsection B of Section
259 of Title 3 of the Oklahoma Statutes;
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13. Sell, purchase, or possess aircraft with removed or
falsified identification number with intent to misrepresent the
identity of aircraft, as provided for in subsection D of Section 259
of Title 3 of the Oklahoma Statutes;
14. Operating aircraft under the influence of alcohol, second
or subsequent offense within ten (10) years, as provided for in
subsection A of Section 301 of Title 3 of the Oklahoma Statutes;
15. Operating aircraft under the influence of intoxicant,
second or subsequent offense with ten (10) years, as provided for in
subsection A of Section 301 of Title 3 of the Oklahoma Statutes;
16. Unauthorized use of aircraft, as provided for in subsection
A of Section 321 of Title 3 of the Oklahoma Statutes;
17. Charge fee for horse race without a license, as provided
for in Section 205 of Title 3A of the Oklahoma Statutes;
18. Pari-mutuel wagering without a license, as provided for in
subsection A of Section 208.4 of Title 3A of the Oklahoma Statutes;
19. Entering racehorse under false name, as provided for in
subsection A of Section 208.6 of Title 3A of the Oklahoma Statutes;
20. Entering racehorse without name being registered, as
provided for in subsection B of Section 208.6 of Title 3A of the
Oklahoma Statutes;
21. Using racing stimulating devices, as provided for in
Section 208.7 of Title 3A of the Oklahoma Statutes;
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22. Racetrack bribery or ticket falsification, as provided for
in Section 208.8 of Title 3A of the Oklahoma Statutes;
23. Unauthorized wagering on horse racing, as provided for in
Section 208.9 of Title 3A of the Oklahoma Statutes;
24. Falsification of information on racehorse, as provided for
in Section 208.10 of Title 3A of the Oklahoma Statutes;
25. Administer a drug or medication without authorization to
horse prior to racing, as provided for in subsection C of Section
208.11 of Title 3A of the Oklahoma Statutes;
26. Violation of horse racing drug provisions, as provided for
in subsection D of Section 208.11 of Title 3A of the Oklahoma
Statutes;
27. Forging and/or counterfeiting state lottery ticket, as
provided for in subsection A of Section 727 of Title 3A of the
Oklahoma Statutes;
28. Influence lottery win by fraud, as provided for in
subsection B of Section 727 of Title 3A of the Oklahoma Statutes;
29. Own dog that attacks and kills a person, as provided for in
subsection B of Section 42.4 of Title 4 of the Oklahoma Statutes;
30. Release dog on law enforcement officer, as provided for in
subsection C of Section 42.4 of Title 4 of the Oklahoma Statutes;
31. Pledging assets of bank as collateral, as provided in
Section 809 of Title 6 of the Oklahoma Statutes;
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32. Unlawful compensation of bank officer, as provided for in
Section 1405 of Title 6 of the Oklahoma Statutes;
33. Receipt of deposits while insolvent, as provided for in
Section 1406 of Title 6 of the Oklahoma Statutes;
34. Unlawful service as bank officer or director, as provided
for in Section 1407 of Title 6 of the Oklahoma Statutes;
35. Serving as bank commissioner, administrative assistant, or
assistant banking commissioner with a felony conviction, as provided
for in Section 1408 of Title 6 of the Oklahoma Statutes;
36. Concealing bank transaction, as provided for in Section
1409 of Title 6 of the Oklahoma Statutes;
37. Improper maintenance of accounts or false or deceptive
entries and statements, as provided for in Section 1410 of Title 6
of the Oklahoma Statutes;
38. Payment of penalties and judgments against others, as
provided for in Section 1411 of Title 6 of the Oklahoma Statutes;
39. Embezzlement of bank funds, as provided for in Section 1412
of Title 6 of the Oklahoma Statutes;
40. Circulation of statement or representation for the purpose
of injuring any bank institution, as provided for in Section 1413 of
Title 6 of the Oklahoma Statutes;
41. Authorizing, executing, or ratifying a criminal offense, as
provided for in subsection A of Section 1414 of Title 6 of the
Oklahoma Statutes;
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42. Violation of any lawful order of the Board or Commissioner,
as provided for in subsection C of Section 1414 of Title 6 of the
Oklahoma Statutes;
43. Bank advertising with confusingly similar name, as provided
for in subsection A of Section 1417 of Title 6 of the Oklahoma
Statutes;
44. Using shortened confusingly similar name for advertising,
as provided for in subsection B of Section 1417 of Title 6 of the
Oklahoma Statutes;
45. Acquiring another bank but using former name, as provided
for in subsection C of Section 1417 of Title 6 of the Oklahoma
Statutes;
46. Non-banking business using confusingly similar name, as
provided for in subsection D of Section 1417 of Title 6 of the
Oklahoma Statutes;
47. Registered sex offender providing services in a child care
facility, as provided for in subsection F of Section 404.1 of Title
10 of the Oklahoma Statutes;
48. Failure to report child abuse, as provided for in
subsection C of Section 1-2-101 of Title 10A of the Oklahoma
Statutes;
49. Interception of wire, oral, or electronic communication, as
provided for in paragraph 1 of Section 176.3 of Title 13 of the
Oklahoma Statutes;
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50. Using devices to intercept oral communication, as provided
for in paragraph 2 of Section 176.3 of Title 13 of the Oklahoma
Statutes;
51. Disclosing contents of wire, oral, or electronic
communication, as provided for in paragraph 3 of Section 176.3 of
Title 13 of the Oklahoma Statutes;
52. Using contents of wire, oral, or electronic communication,
as provided for in paragraph 4 of Section 176.3 of Title 13 of the
Oklahoma Statutes;
53. Removing, injuring, or obstructing telephone line, as
provided for in paragraph 5 of Section 176.3 of Title 13 of the
Oklahoma Statutes;
54. Carrying devices for interception of wire, oral, or
electronic communication, as provided for in paragraph 6 of Section
176.3 of Title 13 of the Oklahoma Statutes;
55. Making devices for interception of wire, oral, or
electronic communication, as provided for in paragraph 7 of Section
176.3 of Title 13 of the Oklahoma Statutes;
56. Using communication facility in committing felonies, as
provided for in paragraph 8 of Section 176.3 of Title 13 of the
Oklahoma Statutes;
57. Violation of the Oklahoma Consumer Protection Act, as
provided for in Section 753 of Title 15 of the Oklahoma Statutes;
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58. Violation of the Home Repair Fraud Act, as provided for in
Section 765.3 of Title 15 of the Oklahoma Statutes;
59. Conduct closing-out sale without license, as provided for
in Section 767 of Title 15 of the Oklahoma Statutes;
60. Violation of the Unlawful Electronic Mail Act, as provided
for in Section 776.1 of Title 15 of the Oklahoma Statutes;
61. Violation of the Unlawful Electronic Mail Act for
commercial electronic mail, as provided for in Section 776.6 of
Title 15 of the Oklahoma Statutes;
62. Conceal or destroy corporation records, as provided for in
Section 16 of Title 17 of the Oklahoma Statutes;
63. Misapplication of funds, as provided for in Section 411 of
Title 18 of the Oklahoma Statutes;
64. Solicit funds to secure old age assistance by deception or
fraud, as provided for in Section 553.1 of Title 18 of the Oklahoma
Statutes;
65. Inspector, judge, or clerk refusing to extend or enforce
the right to sign and deliver the certificate of election votes, as
provided for in Section 90 of Title 19 of the Oklahoma Statutes;
66. Knowing and willful failure or refusal to perform duties,
as provided for in Section 91 of Title 19 of the Oklahoma Statutes;
67. County officer failing to make daily deposit, as provided
for in Section 682 of Title 19 of the Oklahoma Statutes;
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68. Use of false or illegal voucher by county official, as
provided for in Section 686 of Title 19 of the Oklahoma Statutes;
69. Gift to influence legislator, as provided for in Section
318 of Title 21 of the Oklahoma Statutes;
70. Legislator receiving payoff for employment of other, as
provided for in Section 321 of Title 21 of the Oklahoma Statutes;
71. Lobbying legislature on contingency fee basis, as provided
for in Section 334 of Title 21 of the Oklahoma Statutes;
72. Furnishing public supplies for profit, as provided for in
subsection A of Section 355 of Title 21 of the Oklahoma Statutes;
73. Purchase public supplies from business that employs family
member or spouse with more than five percent (5%) interest, as
provided for in subsection C of Section 355 of Title 21 of the
Oklahoma Statutes;
74. Make false claim against the state, as provided for in
subsection A of Section 358 of Title 21 of the Oklahoma Statutes;
75. Bribing an officer, as provided for in Section 381 of Title
21 of the Oklahoma Statutes;
76. Bribing participant or official in athletic contest, as
provided for in Section 399 of Title 21 of the Oklahoma Statutes;
77. Engaging in pattern of criminal offenses, as provided for
in Section 425 of Title 21 of the Oklahoma Statutes;
78. Escape from county or city jail, as provided for in
subsection A of Section 443 of Title 21 of the Oklahoma Statutes;
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79. Escape from the Department of Corrections or alternative
incarceration, as provided for in subsection B of Section 443 of
Title 21 of the Oklahoma Statutes;
80. Escape from juvenile detention facility, as provided for in
subsection E of Section 443 of Title 21 of the Oklahoma Statutes;
81. Unauthorized entry into penal institution or jail, as
provided for in Section 445 of Title 21 of the Oklahoma Statutes;
82. Preparing false evidence, as provided for in Section 453 of
Title 21 of the Oklahoma Statutes;
83. Bribing witness to falsely testify, as provided for in
Section 456 of Title 21 of the Oklahoma Statutes;
84. Larceny or destruction of records by clerk or officer, as
provided for in Section 461 of Title 21 of the Oklahoma Statutes;
85. Larceny or destruction of records by person other than
officers, as provided for in Section 462 of Title 21 of the Oklahoma
Statutes;
86. Offer forged or false instruments for the record, as
provided for in Section 463 of Title 21 of the Oklahoma Statutes;
87. Perjury, as provided for in Section 491 of Title 21 of the
Oklahoma Statutes;
88. Contradictory statements as perjury, as provided for in
Section 496 of Title 21 of the Oklahoma Statutes;
89. Perjury by subornation, as provided for in Section 504 of
Title 21 of the Oklahoma Statutes;
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90. Falsify public record, as provided for in Section 531 of
Title 21 of the Oklahoma Statutes;
91. Fortifying access point to place where felony is being
committed, as provided for in Section 540C of Title 21 of the
Oklahoma Statutes;
92. Compounding a crime, as provided for in Section 543 of
Title 21 of the Oklahoma Statutes;
93. Substitute a child to deceive a parent or guardian, as
provided for in Section 579 of Title 21 of the Oklahoma Statutes;
94. Record, listen to, or observe jury proceedings, as provided
for in Section 588 of Title 21 of the Oklahoma Statutes;
95. Abuse, sexual abuse, or exploitation of a vulnerable adult,
as provided for in subsection A of Section 843.3 of Title 21 of the
Oklahoma Statutes;
96. Neglect of a vulnerable adult, as provided for in
subsection B of Section 843.3 of Title 21 of the Oklahoma Statutes;
97. Procuring an abortion, as provided for in Section 861 of
Title 21 of the Oklahoma Statutes;
98. Adultery, as provided for in Section 871 of Title 21 of the
Oklahoma Statutes;
99. Bigamy, as provided for in Section 881 of Title 21 of the
Oklahoma Statutes;
100. Knowingly marrying a bigamist, as provided for in Section
884 of Title 21 of the Oklahoma Statutes;
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101. Confidence game by cards, as provided for in Section 954
of Title 21 of the Oklahoma Statutes;
102. Dealing in gambling devices, as provided for in Section
984 of Title 21 of the Oklahoma Statutes;
103. Install communication of gambling information, as provided
for in Section 986 of Title 21 of the Oklahoma Statutes;
104. Dissemination of gambling information, as provided for in
Section 987 of Title 21 of the Oklahoma Statutes;
105. Conspiracy to violate gambling laws, as provided for in
Section 988 of Title 21 of the Oklahoma Statutes;
106. Engaging in prostitution while HIV-infected, as provided
for in subsection B of Section 1031 of Title 21 of the Oklahoma
Statutes;
107. Engage in or operate prostitution within one thousand
(1,000) feet of a school or church, as provided for in subsection D
of Section 1031 of Title 21 of the Oklahoma Statutes;
108. Interactive computer service provider failing to remove
child pornography sexual abuse material, third or subsequent
offense, as provided for in Section 1040.80 of Title 21 of the
Oklahoma Statutes;
109. Gain or attempt to gain value from nonconsensual
dissemination of private sexual images, as provided for in
subsection G of Section 1040.13b of Title 21 of the Oklahoma
Statutes;
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110. Sex offender entering safety zone around school, as
provided for in Section 1125 of Title 21 of the Oklahoma Statutes;
111. Unlawful removal of dead body, as provided for in Section
1161 of Title 21 of the Oklahoma Statutes;
112. Purchasing or receiving dead body, as provided for in
Section 1162 of Title 21 of the Oklahoma Statutes;
113. Using photographic, electronic, or video equipment in
clandestine manner, as provided for in subsection B of Section 1171
of Title 21 of the Oklahoma Statutes;
114. Obscene, threatening, or harassing phone call, second or
subsequent offense, as provided for in Section 1172 of Title 21 of
the Oklahoma Statutes;
115. Spreading infectious diseases, as provided for in Section
1192 of Title 21 of the Oklahoma Statutes;
116. Altering livestock appearance for exhibition, second or
subsequent offense, as provided for in Section 1229 of Title 21 of
the Oklahoma Statutes;
117. Unlawfully transport hazardous waste, as provided for in
Section 1230.3 of Title 21 of the Oklahoma Statutes;
118. Unlawful waste management, as provided for in Section
1230.4 of Title 21 of the Oklahoma Statutes;
119. False statements and acts concerning permits and waste, as
provided for in Section 1230.5 of Title 21 of the Oklahoma Statutes;
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120. Unlawful disposal of hazardous waste, as provided for in
Section 1230.6 of Title 21 of the Oklahoma Statutes;
121. Attempts to violate the Sabotage Prevention Act, as
provided for in Section 1265.4 of Title 21 of the Oklahoma Statutes;
122. Carry weapon with intent to injure another, as provided
for in Section 1278 of Title 21 of the Oklahoma Statutes;
123. Teaching, demonstrating, or training use of firearms in
furtherance of riot, as provided for in Section 1320.10 of Title 21
of the Oklahoma Statutes;
124. Delivering fraudulent bill of lading, as provided for in
Section 1411 of Title 21 of the Oklahoma Statutes;
125. Maintaining fraudulent warehouse receipts, as provided for
in Section 1412 of Title 21 of the Oklahoma Statutes;
126. Issuing duplicate bills of lading or warehouse receipts,
as provided for in Section 1414 of Title 21 of the Oklahoma
Statutes;
127. Selling goods without consent of holder of bill of lading,
as provided for in Section 1415 of Title 21 of the Oklahoma
Statutes;
128. Unlawful delivery of goods, value from Two Thousand Five
Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
($15,000.00), as provided for in paragraph 3 of Section 1416 of
Title 21 of the Oklahoma Statutes;
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129. Burglary in the third degree, as provided for in
subsection B of Section 1435 of Title 21 of the Oklahoma Statutes;
130. Embezzlement of property, value from Two Thousand Five
Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
($15,000.00), as provided for in subsection A of Section 1451 of
Title 21 of the Oklahoma Statutes;
131. Extortion, as provided for in Section 1481 of Title 21 of
the Oklahoma Statutes;
132. Extortion induced by threats, as provided for in Section
1482 of Title 21 of the Oklahoma Statutes;
133. Obtain signatures by extortion, as provided for in Section
1485 of Title 21 of the Oklahoma Statutes;
134. Extortion by threatening letter, as provided for in
Section 1486 of Title 21 of the Oklahoma Statutes;
135. Blackmail, as provided for in Section 1488 of Title 21 of
the Oklahoma Statutes;
136. Defrauding hotel, inn, or restaurant, value of One
Thousand Dollars ($1,000.00) or more, as provided for in Section
1503 of Title 21 of the Oklahoma Statutes;
137. Renting motor vehicle with bogus check, value of One
Thousand Dollars ($1,000.00) or more, as provided for in Section
1521 of Title 21 of the Oklahoma Statutes;
138. Receive money or property by impersonating another, value
from Two Thousand Five Hundred Dollars ($2,500.00) to Fifteen
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Thousand Dollars ($15,000.00), as provided for in paragraph 3 of
Section 1532 of Title 21 of the Oklahoma Statutes;
139. False use of "State Police" with intent to communicate
policing authority, and another is injured, defrauded, harassed, or
vexed, as provided for in subsection G of Section 1533 of Title 21
of the Oklahoma Statutes;
140. Identity theft, as provided for in Section 1533.1 of Title
21 of the Oklahoma Statutes;
141. Felony value – false pretense, bogus check, con game,
valued from Two Thousand Five Hundred Dollars ($2,500.00) to Fifteen
Thousand Dollars ($15,000.00), as provided for in subsection A of
Section 1541.2 of Title 21 of the Oklahoma Statutes;
142. Two or more false or bogus checks, valued from Two
Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in subsection A of Section
1541.3 of Title 21 of the Oklahoma Statutes;
143. Obtaining money or property with false negotiable paper,
as provided for in Section 1544 of Title 21 of the Oklahoma
Statutes;
144. Signs credit or debit card with intent to defraud, as
provided for in subsection (a) of Section 1550.28 of Title 21 of the
Oklahoma Statutes;
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145. Possess credit or debit card of another with intent to
defraud, as provided for in subsection (b) of Section 1550.28 of
Title 21 of the Oklahoma Statutes;
146. Possessing incomplete credit cards with intent to
complete, as provided for in Section 1550.31 of Title 21 of the
Oklahoma Statutes;
147. Possess firearm with altered ID during commission of a
felony, as provided for in subsection A of Section 1550 of Title 21
of the Oklahoma Statutes;
148. Make, sell, or display false identification for felony
purposes or to mislead police officer, as provided for in subsection
C of Section 1550.41 of Title 21 of the Oklahoma Statutes;
149. Forgery of state, public, court, or corporate seals, as
provided for in Section 1571 of Title 21 of the Oklahoma Statutes;
150. Forgery of records, as provided for in Section 1572 of
Title 21 of the Oklahoma Statutes;
151. Making false entry in records, as provided for in Section
1573 of Title 21 of the Oklahoma Statutes;
152. Forgery of certification or acknowledgement of conveyance,
as provided for in Section 1574 of Title 21 of the Oklahoma
Statutes;
153. Forgery II / Forgery III, valued from Two Thousand Five
Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
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($15,000.00), as provided for in subsection A of Section 1577 of
Title 21 of the Oklahoma Statutes;
154. Possession of forged evidence of debt, valued from Two
Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in subsection A of Section
1578 of Title 21 of the Oklahoma Statutes;
155. Possession of other forged instrument, valued from Two
Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in subsection A of Section
1579 of Title 21 of the Oklahoma Statutes;
156. Issuing spurious or false certificates of stock, as
provided for in Section 1580 of Title 21 of the Oklahoma Statutes;
157. Reissuing canceled certificates of stock, as provided for
in Section 1581 of Title 21 of the Oklahoma Statutes;
158. Issuing or pledging false evidence of debt, as provided
for in Section 1582 of Title 21 of the Oklahoma Statutes;
159. Counterfeiting coin, as provided for in Section 1583 of
Title 21 of the Oklahoma Statutes;
160. Counterfeiting coin for exportation, as provided for in
Section 1584 of Title 21 of the Oklahoma Statutes;
161. Forging process of court or title to property, as provided
for in Section 1585 of Title 21 of the Oklahoma Statutes;
162. Making false entries in public book, as provided for in
Section 1586 of Title 21 of the Oklahoma Statutes;
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163. Forging tickets of passage, as provided for in Section
1587 of Title 21 of the Oklahoma Statutes;
164. Forging postage stamps, as provided for in Section 1588 of
Title 21 of the Oklahoma Statutes;
165. Falsification of corporate records, as provided for in
Section 1589 of Title 21 of the Oklahoma Statutes;
166. Employee making false entries, as provided for in Section
1590 of Title 21 of the Oklahoma Statutes;
167. Possessing counterfeit coin with intent to circulate, as
provided for in Section 1591 of Title 21 of the Oklahoma Statutes;
168. Uttering forged instruments, value from Two Thousand Five
Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
($15,000.00), as provided for in subsection A of Section 1592 of
Title 21 of the Oklahoma Statutes;
169. Falsely procuring another's signature, as provided for in
Section 1593 of Title 21 of the Oklahoma Statutes;
170. Utter signature of another with same name, as provided for
in Section 1622 of Title 21 of the Oklahoma Statutes;
171. Uttering one's endorsement as another's, as provided for
in Section 1623 of Title 21 of the Oklahoma Statutes;
172. Erasure or alterations with intent to defraud, as provided
for in Section 1624 of Title 21 of the Oklahoma Statutes;
173. Sign fictitious name as officer of corporation, as
provided for in Section 1626 of Title 21 of the Oklahoma Statutes;
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174. Fraudulent insolvency of corporation, as provided for in
Section 1639 of Title 21 of the Oklahoma Statutes;
175. Workers' compensation fraud, as provided for in Section
1663 of Title 21 of the Oklahoma Statutes;
176. Willfully poisoning animal, as provided for in Section
1681 of Title 21 of the Oklahoma Statutes;
177. Larceny of lost property, value from Two Thousand Five
Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
($15,000.00), as provided for in paragraph 3 of Section 1702 of
Title 21 of the Oklahoma Statutes;
178. Grand larceny, value from Two Thousand Five Hundred
Dollars ($2,500.00) to Fifteen Thousand Dollars ($15,000.00), as
provided for in subsection A of Section 1705 of Title 21 of the
Oklahoma Statutes;
179. Larceny of written instrument, as provided for in Section
1709 of Title 21 of the Oklahoma Statutes;
180. Receive, possess, or conceal stolen property, value from
Two Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in subsection A of Section
1713 of Title 21 of the Oklahoma Statutes;
181. Bringing stolen property into state, value from Two
Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in Section 1715 of Title 21 of
the Oklahoma Statutes;
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182. Larceny of dogs, as provided for in Section 1718 of Title
21 of the Oklahoma Statutes;
183. Larceny of or receiving stolen fowls, as provided for in
Section 1719 of Title 21 of the Oklahoma Statutes;
184. Larceny of domesticated fish or game, value One Thousand
Dollars ($1,000.00) or more, as provided for in Section 1719.1 of
Title 21 of the Oklahoma Statutes;
185. Larceny of auto, aircraft, or other motor vehicle, value
less than Fifty Thousand Dollars ($50,000.00), as provided for in
Section 1720 of Title 21 of the Oklahoma Statutes;
186. Larceny from building or house, as provided for in Section
1723 of Title 21 of the Oklahoma Statutes;
187. Possession of mercury, as provided for in Section 1726 of
Title 21 of the Oklahoma Statutes;
188. Entering with intent to steal copper, as provided for in
Section 1727 of Title 21 of the Oklahoma Statutes;
189. Possessing, receiving, or transporting stolen copper, as
provided for in Section 1728 of Title 21 of the Oklahoma Statutes;
190. Larceny of merchandise from retailer, value from Two
Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in subsection A of Section
1731 of Title 21 of the Oklahoma Statutes;
191. Larceny of trade secrets, value from Two Thousand Five
Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
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($15,000.00), as provided for in Section 1732 of Title 21 of the
Oklahoma Statutes;
192. Procuring, selling, or receiving telephone records by
fraud (single telephone record), as provided for in subsection A of
Section 1742.2 of Title 21 of the Oklahoma Statutes;
193. Injury to or obstruction of railroad, as provided for in
Section 1751 of Title 21 of the Oklahoma Statutes;
194. Interfering with railroad, as provided for in Section
1752.1 of Title 21 of the Oklahoma Statutes;
195. Possess, use, manufacture, or threaten to use incendiary
device or explosives without injury, as provided for in Section
1767.1 of Title 21 of the Oklahoma Statutes;
196. Removing or injuring piles securing bank or dam, as
provided for in Section 1777 of Title 21 of the Oklahoma Statutes;
197. Maliciously injuring written instrument, value from Two
Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in Section 1779 of Title 21 of
the Oklahoma Statutes;
198. Place hard object or inflammable object in grain or
cotton, as provided for in Section 1837 of Title 21 of the Oklahoma
Statutes;
199. Selling five or more unlawful telecommunication devices
within six (6) months, as provided for in subsection B of Section
1873 of Title 21 of the Oklahoma Statutes;
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200. Manufacturing five or more unlawful telecommunications
devices within six (6) months, as provided for in subsection B of
Section 1874 of Title 21 of the Oklahoma Statutes;
201. Unauthorized removal of baggage or cargo from bus or
terminal, as provided for in Section 1904 of Title 21 of the
Oklahoma Statutes;
202. Access computer system or network with unlawful intent, as
provided for in Section 1958 of Title 21 of the Oklahoma Statutes;
203. Reproduction of sound recording without consent, one
hundred (100) or more articles, as provided for in Section 1976 of
Title 21 of the Oklahoma Statutes;
204. Unlawfully sell sound recordings, as provided for in
Section 1977 of Title 21 of the Oklahoma Statutes;
205. Broadcast or live recording for sale without consent, as
provided for in Section 1978 of Title 21 of the Oklahoma Statutes;
206. Rent or sell articles without true name of manufacturer,
as provided for in Section 1979 of Title 21 of the Oklahoma
Statutes;
207. Counterfeiting recording or article label, as provided for
in Section 1980 of Title 21 of the Oklahoma Statutes;
208. Violation of Trademark Anti-Counterfeiting Act, as
provided for in Section 1990.2 of Title 21 of the Oklahoma Statutes;
209. Tampering with security equipment, as provided for in
Section 1993 of Title 21 of the Oklahoma Statutes;
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210. Sex offender engaging in ice cream truck vending, as
provided for in Section 2100.1 of Title 21 of the Oklahoma Statutes;
211. Protective order violation, second or subsequent offense,
as provided for in subsection A of Section 60.6 of Title 22 of the
Oklahoma Statutes;
212. Protective order violation resulting in physical injury,
as provided for in subsection B of Section 60.6 of Title 22 of the
Oklahoma Statutes;
213. Disposal of seized liquor by officer, as provided for in
Section 1263 of Title 22 of the Oklahoma Statutes;
214. False affidavits, as provided for in Section 1264 of Title
22 of the Oklahoma Statutes;
215. Interfering with voting machine, as provided for in
Section 9-118 of Title 26 of the Oklahoma Statutes;
216. Voting illegally, as provided for in Section 16-102 of
Title 26 of the Oklahoma Statutes;
217. Removing ballot from or carrying ballot into polling
place, as provided for in Section 16-102.1 of Title 26 of the
Oklahoma Statutes;
218. False application for an absentee ballot, as provided for
in Section 16-102.2 of Title 26 of the Oklahoma Statutes;
219. False affidavit in voting registration, as provided for in
Section 16-103 of Title 26 of the Oklahoma Statutes;
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220. Causing unqualified persons to be invalidly registered, as
provided for in Section 16-103.1 of Title 26 of the Oklahoma
Statutes;
221. False notarization of absentee ballot, as provided for in
Section 16-104 of Title 26 of the Oklahoma Statutes;
222. Perpetrate fraud or theft to affect election, as provided
for in Section 16-105 of Title 26 of the Oklahoma Statutes;
223. Bribes to influence votes, as provided for in Section 16-
106 of Title 26 of the Oklahoma Statutes;
224. Offer bribe to withdraw as candidate, as provided for in
Section 16-107 of Title 26 of the Oklahoma Statutes;
225. Solicit or accept bribe for withdrawal of candidacy, as
provided for in Section 16-108 of Title 26 of the Oklahoma Statutes;
226. Prevent person from registering to vote or voting, as
provided for in Section 16-109 of Title 26 of the Oklahoma Statutes;
227. Printing or possession of ballots illegally, as provided
for in Section 16-120 of Title 26 of the Oklahoma Statutes;
228. Violation of the Oklahoma Pollutant Discharge Elimination
System Act, as provided for in subsection G of Section 2-6-206 of
Title 27A of the Oklahoma Statutes;
229. Falsely state information to the Department of
Environmental Quality, as provided for in Section 2-7-109 of Title
27A of the Oklahoma Statutes;
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230. Falsify information on permit application for Oklahoma
Solid Waste Management Act, as provided for in Section 2-10-302 of
Title 27A of the Oklahoma Statutes;
231. Violation of use of solid waste disposal sites, as
provided for in Section 2-10-801 of Title 27A of the Oklahoma
Statutes;
232. Filing false sale with Insurance Commissioner, as provided
for in Section 311.1 of Title 36 of the Oklahoma Statutes;
233. Selling insurance with revoked or suspended license, as
provided for in subsection A of Section 1435.26 of Title 36 of the
Oklahoma Statutes;
234. Aiding or conspiring with a person whose insurance license
is revoked or suspended, as provided for in subsection B of Section
1435.26 of Title 36 of the Oklahoma Statutes;
235. False statements, reports, or filings with intent to
deceive Insurance Commissioner, as provided for in subsection E of
Section 1643 of Title 36 of the Oklahoma Statutes;
236. Violation of the Viatical Settlements Act of 2008, value
from Five Hundred Dollars ($500.00) to Two Thousand Five Hundred
Dollars ($2,500.00), as provided for in subsection F of Section
4055.14 of Title 36 of the Oklahoma Statutes;
237. Violation of prepaid funeral provisions, as provided for
in Section 6130 of Title 36 of the Oklahoma Statutes;
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238. Out-of-state retailer shipping alcoholic beverages into
state, as provided for in Section 3-101 of Title 37A of the Oklahoma
Statutes;
239. Permit invitee under twenty-one (21) to possess or consume
alcohol, as provided for in subsection A of Section 6-101 of Title
37A of the Oklahoma Statutes;
240. Permit invitee under twenty-one (21) to possess or consume
alcohol resulting in great bodily injury or death, as provided for
in subsection C of Section 6-101 of Title 37A of the Oklahoma
Statutes;
241. Sale of alcoholic beverages outside of authorized day or
hours, as provided for in Section 6-123 of Title 37A of the Oklahoma
Statutes;
242. Disclosing confidential information concerning violation
of Employment Security Act of 1980, as provided for in Section 4-508
of Title 40 of the Oklahoma Statutes;
243. Hiring armed guards without permit, as provided for in
Section 169 of Title 40 of the Oklahoma Statutes;
244. Causing employee death by commanding to enter steam
boiler, as provided for in Section 183 of Title 40 of the Oklahoma
Statutes;
245. False statement about lien by contractor, as provided for
in Section 142.4 of Title 42 of the Oklahoma Statutes;
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246. Mechanics liens/embezzlement, valued from Two Thousand
Five Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
($15,000.00), as provided for in Section 142.6 of Title 42 of the
Oklahoma Statutes;
247. Marrying prohibited persons, as provided for in Section 14
of Title 43 of the Oklahoma Statutes;
248. Bigamy and remarriage, as provided for in Section 123 of
Title 43 of the Oklahoma Statutes;
249. Mistreatment of mental health patient, as provided for in
Section 2-219 of Title 43A of the Oklahoma Statutes;
250. Violation of opioid substitution treatment program, as
provided for in Section 3-601 of Title 43A of the Oklahoma Statutes;
251. Coerce another to execute a declaration of revocation of
an advanced directive, as provided for in subsection D of Section
11-113 of Title 43A of the Oklahoma Statutes;
252. Unauthorized use of implement of husbandry, as provided
for in subsection B of Section 4-102 of Title 47 of the Oklahoma
Statutes;
253. Receive, possess, or conceal implement of husbandry, as
provided for in subsection B of Section 4-103 of Title 47 of the
Oklahoma Statutes;
254. Removed, falsified, or unauthorized identification, as
provided for in subsection A of Section 4-107 of Title 47 of the
Oklahoma Statutes;
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255. Buy, receive, possess, or sell motor vehicle with VIN
removed or defaced with intent to conceal, as provided for in
subsection C of Section 4-107 of Title 47 of the Oklahoma Statutes;
256. Destroying, removing, altering, covering, or
counterfeiting trim tag plates, as provided for in Section 4-107a of
Title 47 of the Oklahoma Statutes;
257. Misuse of manufactured home certificate of title, as
provided for in subsection B of Section 4-110 of Title 47 of the
Oklahoma Statutes;
258. Alter manufactured home certificate of title, as provided
for in subsection B of Section 4-110 of Title 47 of the Oklahoma
Statutes;
259. Remove receipt with intent to misrepresent payment of tax
or fees, as provided for in subsection B of Section 4-110 of Title
47 of the Oklahoma Statutes;
260. Purchase registration receipt on assigned certificate of
title, as provided for in subsection B of Section 4-110 of Title 47
of the Oklahoma Statutes;
261. Misuse of forged, counterfeit, or suspended driver
license, as provided for in Section 6-301 of Title 47 of the
Oklahoma Statutes;
262. Perjury through false affidavit, as provided for in
Section 6-302 of Title 47 of the Oklahoma Statutes;
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263. Interference with traffic control device resulting in
injury or death, as provided for in subsection B of Section 11-207
of Title 47 of the Oklahoma Statutes;
264. Buy, sell, or dispose vehicle with altered VIN, chop shop,
as provided for in subsection C of Section 1503 of Title 47 of the
Oklahoma Statutes;
265. Attempt to violate chop shop laws, as provided for in
subsection D of Section 1503 of Title 47 of the Oklahoma Statutes;
266. Perjury before the Corporation Commission, as provided for
in Section 108 of Title 52 of the Oklahoma Statutes;
267. Delay probation duties of the Corporation Commission with
use or attempted use of firearms, as provided for in Section 114 of
Title 52 of the Oklahoma Statutes;
268. Conspiracy to violate Oklahoma Oil and Gas Conservation
Act, as provided for in Section 115 of Title 52 of the Oklahoma
Statutes;
269. Corruption of Corporation Commission, as provided for in
Section 117 of Title 52 of the Oklahoma Statutes;
270. Misappropriation of gas, as provided for in Section 235 of
Title 52 of the Oklahoma Statutes;
271. Falsification of application for emergency relief, as
provided for in Section 26.18 of Title 56 of the Oklahoma Statutes;
272. Medicaid fraud, as provided for in Section 1005 of Title
56 of the Oklahoma Statutes;
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273. Fraudulently obtaining or receiving assistance, value of
Five Thousand Dollars ($5,000.00) or more, as provided for in
Section 1005.1 of Title 56 of the Oklahoma Statutes;
274. Carry contraband into jail or prison, as provided for in
subsection B of Section 21 of Title 57 of the Oklahoma Statutes;
275. Possess cell phone in jail or prison, as provided for in
subsection E of Section 21 of Title 57 of the Oklahoma Statutes;
276. Jail employee receiving compensation from inmate, value of
Five Hundred Dollars ($500.00) or more, as provided for in Section
22 of Title 57 of the Oklahoma Statutes;
277. Use of convict labor on private property, as provided for
in Section 222 of Title 57 of the Oklahoma Statutes;
278. Failure to comply with Mary Rippy Violent Crime Offenders
Registration Act, as provided for in Section 599 of Title 57 of the
Oklahoma Statutes;
279. Practicing dentistry without a license, as provided for in
subsection B of Section 328.49 of Title 59 of the Oklahoma Statutes;
280. Giving false information to obtain license, as provided
for in subsection B of Section 328.49 of Title 59 of the Oklahoma
Statutes;
281. Impersonating a pharmacist, as provided for in Section
353.17A of Title 59 of the Oklahoma Statutes;
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282. Alteration of prescription or unlawful dispensing of
drugs, second violation, as provided for in Section 353.24 of Title
59 of the Oklahoma Statutes;
283. False representation in procuring license under the
Oklahoma Pharmacy Act, as provided for in subsection B of Section
353.25 of Title 59 of the Oklahoma Statutes;
284. Cremation without license and permit, as provided for in
Section 396.33 of Title 59 of the Oklahoma Statutes;
285. Practicing medicine without a license, as provided for in
Section 491 of Title 59 of the Oklahoma Statutes;
286. Violation of the Oklahoma Osteopathic Medicine Act, as
provided for in Section 638 of Title 59 of the Oklahoma Statutes;
287. Acting as building inspector without a license, as
provided for in Section 1044 of Title 59 of the Oklahoma Statutes;
288. Affidavit as to undertaking, as provided for in Section
1322 of Title 59 of the Oklahoma Statutes;
289. Bail jumping, as provided for in Section 1335 of Title 59
of the Oklahoma Statutes;
290. False declaration of ownership in pawn shop, value of One
Thousand Dollars ($1,000.00) or more, if property is firearms, or
was acquired through robbery or burglary, as provided for in
subsection C of Section 1512 of Title 59 of the Oklahoma Statutes;
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291. Violation of Oklahoma Security Guard and Private
Investigator Act, as provided for in subsection B of Section 1750.11
of Title 59 of the Oklahoma Statutes;
292. Collusion among bidders, as provided for in Section 115 of
Title 61 of the Oklahoma Statutes;
293. Disclosure of terms of bids, as provided for in Section
116 of Title 61 of the Oklahoma Statutes;
294. False or illegal voucher by public official, as provided
for in Section 81 of Title 62 of the Oklahoma Statutes;
295. Use of facsimile signature or seal with intent to defraud,
as provided for in Section 604 of Title 62 of the Oklahoma Statutes;
296. Distribution of controlled substance, possession with
intent, Schedule III, IV, and V drugs, as provided for in subsection
A of Section 2-401 of Title 63 of the Oklahoma Statutes;
297. Distribution of counterfeit controlled substance,
possession with intent, Schedule III, IV, and V drugs, as provided
for in subsection A of Section 2-401 of Title 63 of the Oklahoma
Statutes;
298. Robbery of controlled dangerous substance, as provided for
in subsection B of Section 2-403 of Title 63 of the Oklahoma
Statutes;
299. Distribute or dispense controlled substance without
required order form, as provided for in subsection A of Section 2-
404 of Title 63 of the Oklahoma Statutes;
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300. Manufacture, distribute, or dispense controlled substance
not authorized by registration, as provided for in subsection A of
Section 2-404 of Title 63 of the Oklahoma Statutes;
301. Omit, remove, alter, or obliterate symbol required on
controlled substance, as provided for in subsection A of Section 2-
404 of Title 63 of the Oklahoma Statutes;
302. Refuse or fail to make, keep, or furnish required
information, as provided for in subsection A of Section 2-404 of
Title 63 of the Oklahoma Statutes;
303. Refuse entry or inspection of premises with respect to
controlled substance, as provided for in subsection A of Section 2-
404 of Title 63 of the Oklahoma Statutes;
304. Maintain place for keeping or selling controlled
substance, as provided for in subsection A of Section 2-404 of Title
63 of the Oklahoma Statutes;
305. Sell, transfer, or provide money transmitter equipment to
unlicensed person, second or subsequent offense, as provided for in
subsection A of Section 2-503.1d of Title 63 of the Oklahoma
Statutes;
306. Responsibility of permit holders, as provided for in
subsection A of Section 124.8 of Title 63 of the Oklahoma Statutes;
307. Purchase or sell body parts for transplantation, as
provided for in Section 2200.16A of Title 63 of the Oklahoma
Statutes;
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308. Falsification, forgery, concealment, defacement, or
obliteration of document of gift, as provided for in Section
2200.17A of Title 63 of the Oklahoma Statutes;
309. Unlawful possession of vessel or motor, as provided for in
Section 4209 of Title 63 of the Oklahoma Statutes;
310. Receive, possess, sell, or dispose of stolen vessel or
motor, as provided for in Section 4209.1 of Title 63 of the Oklahoma
Statutes;
311. Remove or alter ID number of vessel, as provided for in
subsection B of Section 4209.2 of Title 63 of the Oklahoma Statutes;
312. Buy, receive, possess, or dispose of vessel with false ID
number with intent to conceal, as provided for in subsection D of
Section 4209.2 of Title 63 of the Oklahoma Statutes;
313. False statement in application for certificate of title
for stolen vehicle, as provided for in Section 4209.3 of Title 63 of
the Oklahoma Statutes;
314. Alteration or forging of vessel certificate of title, as
provided for in Section 4209.4 of Title 63 of the Oklahoma Statutes;
315. Possess vessel with altered ID number, as provided for in
subsection C of Section 4253 of Title 63 of the Oklahoma Statutes;
316. Destroying or falsifying checks to the Land Office, as
provided for in Section 1026 of Title 64 of the Oklahoma Statutes;
317. Prospecting on public lands without permit, as provided
for in Section 1094 of Title 64 of the Oklahoma Statutes;
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318. Business for profit by a member of the Department of
Transportation, as provided for in subsection B of Section 304 of
Title 66 of the Oklahoma Statutes;
319. Business for profit by a member of the Department of
Transportation, as provided for in subsection B of Section 324 of
Title 66 of the Oklahoma Statutes;
320. Failure to comply with request for county records, as
provided for in Section 83 of Title 67 of the Oklahoma Statutes;
321. Refusal to file tax return with intent to defraud, as
provided for in Section 240.1 of Title 68 of the Oklahoma Statutes;
322. Filing false sales tax report, as provided for in Section
241 of Title 68 of the Oklahoma Statutes;
323. Possession of controlled dangerous substances without tax
stamp, as provided for in Section 450.8 of Title 68 of the Oklahoma
Statutes;
324. Remove tax stamp with intent to reuse, as provided for in
Section 450.9 of Title 68 of the Oklahoma Statutes;
325. Making false oath to report required by Cotton
Manufacturers Act, as provided for in Section 2003 of Title 68 of
the Oklahoma Statutes;
326. File false income tax return with intent to defraud, as
provided for in Section 2376 of Title 68 of the Oklahoma Statutes;
327. Fraudulent tax receipt by county treasurer, as provided
for in Section 2920 of Title 68 of the Oklahoma Statutes;
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328. False or fraudulent lists of taxable property, as provided
for in Section 2945 of Title 68 of the Oklahoma Statutes;
329. False application under Oklahoma Quality Jobs Program Act,
as provided for in Section 3609 of Title 68 of the Oklahoma
Statutes;
330. False application under Former Military Facility
Development Act, as provided for in Section 3807 of Title 68 of the
Oklahoma Statutes;
331. False application under Oklahoma Specialized Quality
Investment Act, as provided for in Section 4109 of Title 68 of the
Oklahoma Statutes;
332. False application under Oklahoma Quality Investment Act,
as provided for in Section 4209 of Title 68 of the Oklahoma
Statutes;
333. Conflict of interest by a member of the Transportation
Commission, as provided for in Section 310 of Title 69 of the
Oklahoma Statutes;
334. Conflict of interest by a member of the Oklahoma Turnpike
Authority, as provided for in Section 1705 of Title 69 of the
Oklahoma Statutes;
335. Violation of Oklahoma Highway Code of 1968, as provided
for in Section 1802 of Title 69 of the Oklahoma Statutes;
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336. Conflict of interest by Oklahoma Educational Television
Authority member, as provided for in Section 23-106 of Title 70 of
the Oklahoma Statutes;
337. Alter or destroy audit records by Board of Regents, as
provided for in subsection E of Section 3909 of Title 70 of the
Oklahoma Statutes;
338. Authority to receive gifts or funds, as provided for in
subsection B of Section 4306 of Title 70 of the Oklahoma Statutes;
339. Make takeover offer which is not effective under Oklahoma
Take-over Disclosure Act of 1985, as provided for in subsection A of
Section 453 of Title 71 of the Oklahoma Statutes;
340. Fraudulent, deceptive, or manipulative acts in takeover
offer, as provided for in Section 455 of Title 71 of the Oklahoma
Statutes;
341. Violation of Oklahoma Take-over Disclosure Act of 1985, as
provided for in Section 460 of Title 71 of the Oklahoma Statutes;
342. Conflict of interest by Oklahoma Capitol Improvement
Authority member, as provided for in Section 162 of Title 73 of the
Oklahoma Statutes;
343. Fraud in obtaining certification as a minority business,
as provided for in Section 85.45h of Title 74 of the Oklahoma
Statutes;
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344. False statement for small business surety bond guarantee,
as provided for in Section 85.47h of Title 74 of the Oklahoma
Statutes;
345. Forge or alter criminal history record, as provided for in
subsection D of Section 150.9 of Title 74 of the Oklahoma Statutes;
346. Making or receiving kickback, as provided for in Section
3404 of Title 74 of the Oklahoma Statutes;
347. Pooling of bridge or highway contracts, as provided for in
Section 101 of Title 79 of the Oklahoma Statutes;
348. Business for profit by Water Resources Board member, as
provided for in Section 1086.3 of Title 82 of the Oklahoma Statutes;
349. Conflict of interest by water district official or
employee, as provided for in Section 1281 of Title 82 of the
Oklahoma Statutes;
350. Falsely executes a written declaration as a witness to a
will, as provided for in paragraph 6 of Section 55 of Title 84 of
the Oklahoma Statutes; and
351. False statement and misrepresentation, as provided for in
Section 6 of Title 85A of the Oklahoma Statutes.
B. Any person convicted of a Class D1 criminal offense set
forth in this section shall be punished by imprisonment in the
custody of the Department of Corrections for a term of not more than
five (5) years and shall serve at least twenty percent (20%) of the
sentence imposed before release from custody including release to
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electronic monitoring pursuant to Section 510.9 of Title 57 of the
Oklahoma Statutes.
C. 1. Every person who, having been previously convicted of
one or two Class C or Class D criminal offenses, commits a Class D1
criminal offense shall, upon conviction, be punished by imprisonment
in the custody of the Department of Corrections for a term of not
less than one (1) year nor more than seven (7) years and shall serve
at least twenty percent (20%) of the sentence imposed before release
from custody including release to electronic monitoring pursuant to
Section 510.9 of Title 57 of the Oklahoma Statutes.
2. Every person who, having been previously convicted of three
Class C or Class D criminal offenses, or one or more Class Y, Class
A, or Class B criminal offenses, commits a Class D1 criminal offense
shall, upon conviction, be punished by imprisonment in the custody
of the Department of Corrections for a term of not less than two (2)
years nor more than ten (10) years and shall serve at least thirty
percent (30%) of the sentence imposed before release from custody
including release to electronic monitoring pursuant to Section 510.9
of Title 57 of the Oklahoma Statutes.
D. Unless specifically exempted pursuant to subsection E of
this section, Section 51.1 of Title 21 of the Oklahoma Statutes this
title shall not apply to Class D1 criminal offenses.
E. The criminal offenses listed in paragraphs 98, 108, 212,
213, and 229 of subsection A of this section shall be exempt from
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the penalty provisions provided for in subsections B and C of this
section. Persons convicted of the criminal offenses provided for in
paragraphs 98, 108, 212, 213, and 229 of subsection A of this
section shall be punished in accordance with the corresponding
penalties provided for in the Oklahoma Statutes including Section
51.1 of Title 21 of the Oklahoma Statutes this title.
F. All Class D1 criminal offenses shall be punishable by the
corresponding fines as provided for in the Oklahoma Statutes.
SECTION 10. AMENDATORY 21 O.S. 2021, Section 843.5, as
amended by Section 2, Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 843.5), is amended to read as follows:
Section 843.5. A. Any person who shall willfully or
maliciously engage in child abuse, as defined in this section,
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.
B. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in enabling child
abuse, as defined in this section, shall, upon conviction, be
punished by imprisonment in the custody of the Department of
Corrections not exceeding life imprisonment, or by imprisonment in a
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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.
C. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in child neglect,
as defined in this section, 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.
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.
E. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in child sexual
abuse, as defined in this section, 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
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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.
F. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in child sexual
abuse, as defined in this section, 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).
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
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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.
H. Any person who shall willfully or maliciously engage in
child sexual exploitation, as defined in this section, 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.
I. Any person who shall willfully or maliciously engage in
child sexual exploitation, as defined in this section, of a child
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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).
J. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in enabling child
sexual exploitation, as defined in this section, 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.
K. Notwithstanding any other provision of law, any 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.
L. Provided, however, that nothing contained in this section
shall prohibit any parent or guardian from using reasonable and
ordinary force pursuant to Section 844 of this title.
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M. Consent shall not be a defense for any violation provided
for in this section.
N. Notwithstanding the age requirements of other statutes
referenced within this section, this section shall apply to any
child under eighteen (18) years of age.
O. As used in this section:
1. "Child abuse" means:
a. the willful or malicious harm or threatened harm or
failure to protect from harm or threatened harm to the
health, safety or welfare of a child under eighteen
(18) years of age by a person responsible for a
child's health, safety or welfare, or
b. the act of willfully or maliciously injuring,
torturing or maiming a child under eighteen (18) years
of age by any person;
2. "Child neglect" means the willful or malicious neglect, as
defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, of
a child under eighteen (18) years of age by a person responsible for
a child's health, safety or welfare;
3. "Child sexual abuse" means the willful or malicious sexual
abuse of a child under eighteen (18) years of age by a person
responsible for a child's health, safety or welfare and includes,
but is not limited to:
a. sexual intercourse,
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b. penetration of the vagina or anus, however slight, by
an inanimate object or any part of the human body not
amounting to sexual intercourse,
c. sodomy,
d. incest, or
e. a lewd act or proposal, as defined in this section;
4. "Child sexual exploitation" means the willful or malicious
sexual exploitation of a child under eighteen (18) years of age by
another and includes, but is not limited to:
a. human trafficking, as provided for in Section 748 of
this title, if the offense involved child trafficking
for commercial sex,
b. trafficking in children, as provided for in Section
866 of this title, if the offense was committed for
the sexual gratification of any person,
c. procuring or causing the participation of a minor in
child pornography sexual abuse material, as provided
for in Section 1021.2 of this title,
d. purchase, procurement or possession of child
pornography sexual abuse material, as provided for in
Section 1024.2 of this title,
e. engaging in or soliciting prostitution, as provided
for in Section 1029 of this title, if the offense
involved child sex trafficking,
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f. publication, distribution or participation in the
preparation of obscene material, as provided for in
Section 1040.8 of this title, if the offense involved
child pornography sexual abuse material,
g. aggravated possession of child pornography sexual
abuse material, as provided for in Section 1040.12a of
this title,
h. sale or distribution of obscene material, as provided
for in Section 1040.13 of this title,
i. soliciting sexual conduct or communication with a
minor by use of technology, as provided for in Section
1040.13a of this title,
j. offering or transporting a child for purposes of child
sex trafficking, as provided for in Section 1087 of
this title, and
k. child sex trafficking, as provided for in Section 1088
of this title;
5. "Enabling child abuse" means the causing, procuring or
permitting of child abuse by a person responsible for a child's
health, safety or welfare;
6. "Enabling child neglect" means the causing, procuring or
permitting of child neglect by a person responsible for a child's
health, safety or welfare;
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7. "Enabling child sexual abuse" means the causing, procuring
or permitting of child sexual abuse by a person responsible for a
child's health, safety or welfare;
8. "Enabling child sexual exploitation" means the causing,
procuring or permitting of child sexual exploitation by a person
responsible for a child's health, safety or welfare;
9. "Incest" means marrying, committing adultery or fornicating
with a child by a person responsible for the health, safety or
welfare of a child;
10. "Lewd act or proposal" means:
a. making any oral, written or electronic or computer-
generated lewd or indecent proposal to a child for the
child to have unlawful sexual relations or sexual
intercourse with any person,
b. looking upon, touching, mauling or feeling the body or
private parts of a child in a lewd or lascivious
manner or for the purpose of sexual gratification,
c. asking, inviting, enticing or persuading any child to
go alone with any person to a secluded, remote or
secret place for a lewd or lascivious purpose,
d. urinating or defecating upon a child or causing,
forcing or requiring a child to defecate or urinate
upon the body or private parts of another person for
the purpose of sexual gratification,
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e. ejaculating upon or in the presence of a child,
f. causing, exposing, forcing or requiring a child to
look upon the body or private parts of another person
for the purpose of sexual gratification,
g. causing, forcing or requiring any child to view any
obscene materials, child pornography sexual abuse
material or materials deemed harmful to minors as such
terms are defined in Sections 1024.1 and 1040.75 of
this title,
h. causing, exposing, forcing or requiring a child to
look upon sexual acts performed in the presence of the
child for the purpose of sexual gratification, or
i. causing, forcing or requiring a child to touch or feel
the body or private parts of the child or another
person for the purpose of sexual gratification;
11. "Permit" 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 the conduct or harm proscribed by this section;
12. "Person responsible for a child's health, safety or
welfare" for purposes of this section shall include, but not be
limited to:
a. the parent of the child,
b. the legal guardian of the child,
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c. the custodian of the child,
d. the foster parent of the child,
e. a person eighteen (18) years of age or older with whom
the parent of the child cohabitates, who is at least
three (3) years older than the child,
f. any other person eighteen (18) years of age or older
residing in the home of the child, who is at least
three (3) years older than the child,
g. an owner, operator, agent, employee or volunteer of a
public or private residential home, institution,
facility or day treatment program, as defined in
Section 175.20 of Title 10 of the Oklahoma Statutes,
that the child attended,
h. an owner, operator, agent, employee or volunteer of a
child care facility, as defined in Section 402 of
Title 10 of the Oklahoma Statutes, that the child
attended,
i. an intimate partner of the parent of the child, as
defined in Section 60.1 of Title 22 of the Oklahoma
Statutes, or
j. a person who has voluntarily accepted responsibility
for the care or supervision of a child;
13. "Sexual intercourse" means the actual penetration, however
slight, of the vagina or anus by the penis; and
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14. "Sodomy" means:
a. penetration, however slight, of the mouth of the child
by a penis,
b. penetration, however slight, of the vagina of a person
responsible for a child's health, safety or welfare,
by the mouth of a child,
c. penetration, however slight, of the mouth of the
person responsible for a child's health, safety or
welfare by the penis of the child, or
d. penetration, however slight, of the vagina of the
child by the mouth of the person responsible for a
child's health, safety or welfare.
SECTION 11. AMENDATORY 21 O.S. 2021, Section 1021.2, as
amended by Section 1, Chapter 103, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1021.2), is amended to read as follows:
Section 1021.2. A. Any person who shall procure or cause the
participation of any minor under the age of eighteen (18) years in
any child pornography sexual abuse material or obscene material or
who knowingly possesses, views, accesses, shares, streams,
downloads, procures, sells, distributes, or manufactures, or causes
to be possessed, viewed, accessed, shared, streamed, downloaded,
procured, sold, distributed, or manufactured any child pornography
sexual abuse material shall, upon conviction, be guilty of a felony
and shall be punished by imprisonment in the custody of the
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Department of Corrections for not more than twenty (20) years and by
the imposition of a fine of not more than Twenty-five Thousand
Dollars ($25,000.00). 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.
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.
SECTION 12. AMENDATORY 21 O.S. 2021, Section 1024.1, as
amended by Section 2, Chapter 103, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1024.1), is amended to read as follows:
Section 1024.1. A. As used in Sections 1021, 1021.1 through
1021.4, Sections 1022, 1023, and Sections 1040.8 through 1040.24 of
this title, "child pornography" "child sexual abuse material" means:
1. Any visual depiction of a child engaged in any act of
sexually explicit conduct;
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2. Any visual depiction of a child that has been adapted,
altered, or modified so that the child depicted appears to be
engaged in any act of sexually explicit conduct; or
3. Any visual depiction that appears to be a child, regardless
of whether the image is a depiction of an actual child, a computer-
generated image, or an image altered to appear to be a child,
engaged in any act of sexually explicit conduct, and such visual
depiction is obscene.
B. Each visual depiction or individual image of child
pornography sexual abuse material shall constitute a separate item
and act.
C. As used in Sections 1021 through 1024.4 and Sections 1040.8
through 1040.24 of this title:
1. "Child" means a person under eighteen (18) years of age;
2. "Obscene" means any performance or depiction, in any form or
on any medium, if said material when taken as a whole:
a. appeals to the prurient interest in sex as determined
by the average person applying the contemporary
standards of their community,
b. depicts, represents, or displays sexually explicit
conduct in a patently offensive way, and
c. a reasonable person would find the material or
performance lacks serious literary, artistic,
educational, political, or scientific value;
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3. "Performance" means any display, live, recorded, or
transmitted, in any form or medium;
4. "Sexually explicit conduct" means any of the following
whether actual or simulated:
a. acts of sexual intercourse,
b. acts of oral and anal sodomy,
c. acts of masturbation,
d. acts of sexual activity with an animal,
e. acts of sadomasochism including:
(1) flagellation or torture by or upon any person who
is nude or clad in undergarments or in a costume
which is of a revealing nature, or
(2) the condition of being fettered, bound, or
otherwise physically restrained on the part of
one who is nude or so clothed,
f. acts of excretion in a sexual context, or
g. exhibiting genitalia, breast, or pubic area for the
purpose of the sexual stimulation of the viewer;
5. "Explicit child pornography" "Explicit child sexual abuse
material" means material which a law enforcement officer can
immediately identify as child pornography sexual abuse material; and
6. "Visual depiction" means any depiction, picture, movie,
performance, or image displayed, stored, shared, or transmitted in
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any format and on any medium including data that is capable of being
converted into a depiction, picture, movie, performance, or image.
SECTION 13. AMENDATORY 21 O.S. 2021, Section 1040.12a,
as amended by Section 3, Chapter 103, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1040.12a), is amended to read as follows:
Section 1040.12a. A. Any person who, with knowledge of its
contents, possesses one hundred (100) or more separate visual
depictions of child pornography sexual abuse material shall, upon
conviction, be guilty of aggravated possession of child pornography
sexual abuse material. The violator shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not exceeding life imprisonment and by a fine in an amount of
not more than Ten Thousand Dollars ($10,000.00). The violator, upon
conviction, shall be required to register as a sex offender under
the Sex Offenders Registration Act.
B. For purposes of this section:
1. Multiple copies of the same identical material shall each be
counted as a separate item; and
2. The terms "child pornography" "child sexual abuse material"
and "visual depictions" mean the same definitions provided by
Section 1024.1 of this title.
SECTION 14. AMENDATORY 21 O.S. 2021, Section 1040.80, as
amended by Section 32, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1040.80), is amended to read as follows:
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Section 1040.80. A. As used in this section, the term:
1. "Interactive computer service provider" 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;
2. "Internet" means the international computer network of both
federal and nonfederal interoperable packet-switched data networks;
3. "Controlled or owned by" 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
4. "Child sexual abuse material" means explicit child sexual
abuse material as defined the same definition provided in Section
1024.1 of this title.
B. The Attorney General or a law enforcement officer who
receives information that an item of alleged child sexual abuse
material resides on a server or other storage device controlled or
owned by an interactive computer service provider shall:
1. Contact the interactive computer service provider that
controls or owns the server or other storage device where the item
of alleged child sexual abuse material is located;
2. Inform the interactive computer service provider of the
provisions of this section; and
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3. Request that the interactive computer service provider
voluntarily comply with this section and remove the item of alleged
child sexual abuse material from its server or other storage device
expeditiously.
C. 1. If an interactive computer service does not voluntarily
remove the item of alleged child sexual abuse material 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 sexual abuse material under this section. The obligation to
remove the item of alleged child sexual abuse material 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.
2. The application for a court order shall include:
a. the authority of the applicant to make such an
application,
b. the identity and qualifications of the investigative
or law enforcement officer or agency that, in the
official scope of that officer's duties or agency's
authority, discovered the images, information, or
data,
c. a particular statement of the facts relied upon by the
applicant, including:
(1) the identity of the interactive computer service,
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(2) identification of the item of alleged child
sexual abuse material discovered on the server or
other storage device controlled or owned by an
interactive computer service provider,
(3) 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
(4) the steps taken to obtain voluntary compliance by
such interactive computer service provider with
the requirements of this act prior to filing the
application,
d. such additional testimony and documentary evidence in
support of the application as the judge may require,
and
e. a showing that there is probable cause to believe that
the child sexual abuse material items constitutes a
violation of this section.
D. The Attorney General shall notify the interactive computer
service provider which is identified in the court's order in
accordance with the provisions of this section. The Attorney
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General shall notify an interactive computer service provider upon
the issuance of an order authorizing the removal of the items of
alleged child sexual abuse material.
1. The notice by the Attorney General shall include:
a. a copy of the application made pursuant to subsection
C of this section,
b. a copy of the court order issued pursuant to
subsection K of this section,
c. notification that the interactive computer service
shall remove the item of alleged child sexual abuse
material 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,
d. notification of the criminal penalties for failure to
remove the item of child sexual abuse material,
e. notification of the right to appeal the court's order,
and
f. contact information for the Attorney General's Office.
2. An interactive computer service may designate an agent
within the state to receive notification pursuant to this section.
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E. The interactive computer service provider has the right to
request a hearing before the court imposes any penalty under this
section.
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.
G. Notwithstanding any other provision of law to the contrary,
any interactive computer service provider that intentionally
violates subsection L of this section commits:
1. A misdemeanor for a first offense punishable by a fine of
One Thousand Dollars ($1,000.00);
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
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.
H. The Attorney General shall have concurrent prosecutorial
jurisdiction with a district attorney for violation of this section.
I. The removal of the alleged item of child sexual abuse
material 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
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be kept by the interactive computer service provider in the normal
course of business.
J. Upon consideration of an application for authorization to
remove the item of alleged child sexual abuse material 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
sexual abuse material, if the court determines on the basis of the
facts submitted by the applicant that there is or was probable cause
for belief that:
1. The item of alleged child sexual abuse material constitutes
evidence of an act in violation of this section;
2. The investigative or law enforcement officer or agency acted
within the official scope of that officer's duties or agency's
authority, in discovering the images, information, or data and has
complied with the requirements of subsection I and subsection K of
this section;
3. An item of alleged child sexual abuse material 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
4. In the case of an application, other than a renewal or
extension, for an order removing the item of alleged child sexual
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abuse material 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.
K. Each order authorizing the removal or disabling of access to
an alleged item of child sexual abuse material shall contain:
1. The name of the judge authorized to issue the order;
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;
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
4. Such additional information or instruction as the court
deems necessary to execute the order.
L. The court shall review the application and testimony, if
offered, and, upon a finding of probable cause, issue an order that:
1. An item of child sexual abuse material resides on a server
or other storage device controlled by the interactive computer
service provider and is accessible to persons located in the state;
2. The interactive computer service provider shall remove the
item residing on a server or other storage device controlled or
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owned by the interactive computer service provider expeditiously
after receiving the order, if practical;
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;
4. Failure of the interactive computer service provider to
comply with the court's order is a violation of this section;
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
6. Provides the interactive computer service provider notice
and opportunity for a hearing before the court imposes any penalty
under this subsection.
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 sexual abuse material that is the subject of the order
expeditiously after receiving the court order, if practicable.
N. 1. An interactive service provider may petition the court
for relief for cause from an order issued under subsection L of this
section.
2. The petition may be based on considerations of:
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a. the cost or technical feasibility of compliance with
the order, or
b. 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.
SECTION 15. AMENDATORY 22 O.S. 2021, Section 40, as
amended by Section 8, Chapter 151, O.S.L. 2024 (22 O.S. Supp. 2024,
Section 40), is amended to read as follows:
Section 40. As used in Sections 40 through 40.3 of this title:
1. "Assault and battery with a deadly weapon" means assault and
battery with a deadly weapon or other means likely to produce death
or great bodily harm as provided in Section 652 of Title 21 of the
Oklahoma Statutes;
2. "Forcible sodomy" means the act of forcing another person to
engage in the detestable and abominable crime against nature
pursuant to Sections 886 and 887 of Title 21 of the Oklahoma
Statutes that is punishable under Section 888 of Title 21 of the
Oklahoma Statutes;
3. "Kidnapping" means kidnapping or kidnapping for purposes of
extortion as provided in Sections 741 and 745 of Title 21 of the
Oklahoma Statutes;
4. "Member of the immediate family" means the spouse, a child
by birth or adoption, a stepchild, a parent by birth or adoption, a
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stepparent, a grandparent, a grandchild, a sibling or a stepsibling
of a victim of first-degree murder;
5. "Rape" means an act of sexual intercourse accomplished with
a person pursuant to Sections 1111, 1111.1 and 1114 of Title 21 of
the Oklahoma Statutes; and
6. "Sex offense" means the following crimes:
a. sexual assault as provided in Section 681 of Title 21
of the Oklahoma Statutes,
b. human trafficking for commercial sex as provided in
Section 748 of Title 21 of the Oklahoma Statutes,
c. sexual abuse or sexual exploitation by a caretaker as
provided in Section 843.1 of Title 21 of the Oklahoma
Statutes,
d. child sexual abuse or child sexual exploitation as
provided in Section 843.5 of Title 21 of the Oklahoma
Statutes,
e. permitting sexual abuse of a child as provided in
Section 852.1 of Title 21 of the Oklahoma Statutes,
f. incest as provided in Section 885 of Title 21 of the
Oklahoma Statutes,
g. forcible sodomy as provided in Section 888 of Title 21
of the Oklahoma Statutes,
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h. child stealing for purposes of sexual abuse or sexual
exploitation as provided in Section 891 of Title 21 of
the Oklahoma Statutes,
i. indecent exposure or solicitation of minors as
provided in Section 1021 of Title 21 of the Oklahoma
Statutes,
j. procuring, producing, distributing or possessing child
pornography sexual abuse material as provided in
Sections 1021.2 and 1024.2 of Title 21 of the Oklahoma
Statutes,
k. parental consent to child pornography sexual abuse
material as provided in Section 1021.3 of Title 21 of
the Oklahoma Statutes,
l. aggravated possession of child pornography sexual
abuse material as provided in Section 1040.12a of
Title 21 of the Oklahoma Statutes,
m. distributing obscene material or child pornography
sexual abuse material as provided in Section 1040.13
of Title 21 of the Oklahoma Statutes,
n. offering or soliciting sexual conduct with a child as
provided in Section 1040.13a of Title 21 of the
Oklahoma Statutes,
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o. procuring a child for child sex trafficking or other
lewd acts as provided in Section 1087 of Title 21 of
the Oklahoma Statutes,
p. inducing a child to engage in child sex trafficking as
provided in Section 1088 of Title 21 of the Oklahoma
Statutes, and
q. lewd or indecent proposals or acts to a child or
sexual battery as provided in Section 1123 of Title 21
of the Oklahoma Statutes.
SECTION 16. AMENDATORY 22 O.S. 2021, Section 991h, as
amended by Section 10, Chapter 151, O.S.L. 2024 (22 O.S. Supp. 2024,
Section 991h), is amended to read as follows:
Section 991h. In addition to the other sentencing powers of the
court, when sentencing a person who has been convicted, whether upon
a verdict or plea of guilty or nolo contendere, or who has received
a suspended sentence or any probationary term for a crime or an
attempt to commit a crime provided for in:
1. Section 843.5 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual abuse or sexual exploitation, as those terms
are defined in Section 1-1-105 of Title 10A of the Oklahoma
Statutes;
2. Section 681 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual assault;
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3. Section 741 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual abuse or sexual exploitation;
4. Section 748 of Title 21 of the Oklahoma Statutes, if the
offense involved human trafficking for commercial sex;
5. Section 843.1 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual abuse or sexual exploitation;
6. Section 852.1 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual abuse of a child;
7. Section 866, 885, 886, 888 or 891 of Title 21 of the
Oklahoma Statutes, if the offense involved sexual abuse or sexual
exploitation;
8. Section 1021, 1021.2, 1021.3, 1024.2 or 1029 of Title 21 of
the Oklahoma Statutes, if the offense involved child sex
trafficking;
9. Section 1040.8 of Title 21 of the Oklahoma Statutes, if the
offense involved child pornography sexual abuse material; or
10. Section 1040.12a, 1040.13, 1040.13a, 1087, 1088, 1111.1,
1114 or 1123 of Title 21 of the Oklahoma Statutes,
the court shall issue an order that the defendant shall have no
contact directly or indirectly with the victim or the family of the
victim during the full term of the confinement of the defendant,
term of probation, period of deferment or term of confinement and
probation of the defendant.
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SECTION 17. AMENDATORY 57 O.S. 2021, Section 138, as
amended by Section 11, Chapter 151, O.S.L. 2024 (57 O.S. Supp. 2024,
Section 138), is amended to read as follows:
Section 138. A. Except as otherwise provided by law, every
inmate of a state correctional institution shall have their term of
imprisonment reduced monthly, based upon the class level to which
they are assigned. Earned credits may be subtracted from the total
credits accumulated by an inmate, upon recommendation of the
institution's disciplinary committee, following due process, and
upon approval of the warden or superintendent. Each earned credit
is equivalent to one (1) day of incarceration. Lost credits may be
restored by the warden or superintendent upon approval of the
classification committee. If a maximum and minimum term of
imprisonment is imposed, the provisions of this subsection shall
apply only to the maximum term. No deductions shall be credited to
any inmate serving a sentence of life imprisonment; however, a
complete record of the inmate's participation in work, school,
vocational training, or other approved program shall be maintained
by the Department for consideration by the paroling authority. No
earned credit deductions shall be credited or recorded for any
inmate serving any sentence for a criminal act which resulted in the
death of a police officer, a law enforcement officer, an employee of
the Department of Corrections, or an employee of a private prison
contractor and the death occurred while the police officer, law
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enforcement officer, employee of the Department of Corrections, or
employee of a private prison contractor was acting within the scope
of their employment. No earned credit deductions shall be credited
or recorded for any person who is referred to an intermediate
revocation facility for violating any of the terms and conditions of
probation.
B. The Department of Corrections is directed to develop a
written policy and procedure whereby inmates shall be assigned to
one of four class levels determined by an adjustment review
committee of the facility to which the inmate is assigned. The
policies and procedures developed by the Department shall include,
but not be limited to, written guidelines pertaining to awarding
credits for rehabilitation, obtaining job skills and educational
enhancement, participation in and completion of alcohol/chemical
abuse programs, incentives for inmates to accept work assignments
and jobs, work attendance and productivity, conduct record,
participation in programs, cooperative general behavior, and
appearance. When assigning inmates to a class level, the adjustment
review committee shall consider all aspects of the policy and
procedure developed by the Department including but not limited to
the criteria for awarding credits required by this subsection.
C. If an inmate is subject to misconduct, nonperformance or
disciplinary action, earned credits may be removed according to the
policies and procedures developed by the Department. Earned credits
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removed for misconduct, nonperformance or disciplinary action may be
restored as provided by Department policy, if any.
D. 1. Class levels shall be as follows:
a. Class level 1 shall include inmates not eligible to
participate in class levels 2 through 4, and shall
include, but not be limited to, inmates on escape
status.
b. Class level 2 shall include an inmate who has been
given a work, education, or program assignment, has
received a good evaluation for participation in the
work, education, or program assignment, and has
received a good evaluation for personal hygiene and
maintenance of living area.
c. Class level 3 shall include an inmate who has been
incarcerated at least three (3) months, has received
an excellent work, education, or program evaluation,
and has received an excellent evaluation for personal
hygiene and maintenance of living area.
d. Class level 4 shall include an inmate who has been
incarcerated at least eight (8) months, has received
an outstanding work, education, or program evaluation,
and has received an outstanding evaluation for
personal hygiene and maintenance of living area.
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2. a. Until November 1, 2001, class level corresponding
credits are as follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
b. Class level corresponding credits beginning November
1, 2001, for inmates who have ever been convicted as
an adult or a youthful offender or adjudicated
delinquent as a juvenile for a felony offense
enumerated in subsection E of this section are as
follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
c. Class level corresponding credits beginning November
1, 2001, for inmates who have never been convicted as
an adult or a youthful offender or adjudicated
delinquent as a juvenile for a felony offense
enumerated in subsection E of this section are as
follows:
Class 1 – 0 Credits per month;
Class 2 – 22 Credits per month;
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Class 3 – 45 Credits per month;
Class 4 – 60 Credits per month.
Each inmate shall receive the above specified monthly credits
for the class to which he or she is assigned. In determining the
prior criminal history of the inmate, the Department of Corrections
shall review criminal history records available through the Oklahoma
State Bureau of Investigation, Federal Bureau of Investigation, and
National Crime Information Center to determine the reported felony
convictions of all inmates. The Department of Corrections shall
also review the Office of Juvenile Affairs Juvenile On-line Tracking
System for inmates who were adjudicated delinquent or convicted as a
youthful offender for a crime that would be an offense enumerated in
subsection E of this section.
3. In addition to the criteria established for each class in
paragraph 1 of this subsection, the following requirements shall
apply to each of levels 2 through 4:
a. satisfactory participation in the work, education, or
program assignment at the standard required for the
particular class level,
b. maintenance of a clean and orderly living area and
personal hygiene at the standard required for the
particular class level,
c. cooperative behavior toward facility staff and other
inmates, and
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d. satisfactory participation in the requirements of the
previous class level.
4. The evaluation scale for assessing performance shall be as
follows:
a. Outstanding - For inmates who display consistently
exceptional initiative, motivation, and work habits.
b. Excellent - For inmates who display above-average work
habits with only minor errors and rarely perform below
expectations.
c. Good - For inmates who perform in a satisfactory
manner and complete tasks as required, doing what is
expected, with only occasional performance above or
below expectations.
d. Fair - For inmates who may perform satisfactorily for
some periods of time, but whose performance is marked
by obviously deficient and weak areas and could be
improved.
e. Poor - For inmates whose performance is unsatisfactory
and falls below expected and acceptable standards.
E. No person ever convicted as an adult or a youthful offender
or adjudicated delinquent as a juvenile in this state for any felony
offense enumerated in this subsection or a similar felony offense
pursuant to the provisions of another state, the United States, or a
military court shall be eligible for the credits provided by the
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provisions of subparagraph c of paragraph 2 of subsection D of this
section.
1. Assault, battery, or assault and battery with a dangerous
weapon as defined by Section 645, subsection C of Section 652 of
Title 21 or Section 2-219 of Title 43A of the Oklahoma Statutes;
2. Aggravated assault and battery on a police officer, sheriff,
highway patrolman, or any other officer of the law as defined by
Section 650, subsection C of Section 650.2, 650.5, subsection B of
Section 650.6, or subsection C of Section 650.7 of Title 21 of the
Oklahoma Statutes;
3. Poisoning with intent to kill as defined by Section 651 of
Title 21 of the Oklahoma Statutes;
4. Shooting with intent to kill as defined by Section 652 of
Title 21 of the Oklahoma Statutes;
5. Assault with intent to kill as defined by Section 653 of
Title 21 of the Oklahoma Statutes;
6. Assault with intent to commit a felony as defined by Section
681 of Title 21 of the Oklahoma Statutes;
7. Assaults while masked or disguised as defined by Section
1303 of Title 21 of the Oklahoma Statutes;
8. Entering premises of another while masked as defined by
Section 1302 of Title 21 of the Oklahoma Statutes;
9. Murder in the first degree as defined by Section 701.7 of
Title 21 of the Oklahoma Statutes;
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10. Solicitation for Murder in the first degree as defined by
Section 701.16 of Title 21 of the Oklahoma Statutes;
11. Murder in the second degree as defined by Section 701.8 of
Title 21 of the Oklahoma Statutes;
12. Manslaughter in the first degree as defined by Section 711
or 712 of Title 21 of the Oklahoma Statutes;
13. Manslaughter in the second degree as defined by Section 716
or 717 of Title 21 of the Oklahoma Statutes;
14. Kidnapping as defined by Section 741 of Title 21 of the
Oklahoma Statutes;
15. Burglary in the first degree as defined by Section 1431 of
Title 21 of the Oklahoma Statutes;
16. Burglary with explosives as defined by Section 1441 of
Title 21 of the Oklahoma Statutes;
17. Kidnapping for extortion as defined by Section 745 of Title
21 of the Oklahoma Statutes;
18. Maiming as defined by Section 751 of Title 21 of the
Oklahoma Statutes;
19. Robbery as defined by Section 791 of Title 21 of the
Oklahoma Statutes;
20. Robbery in the first degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
21. Robbery in the second degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
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22. Armed robbery as defined by Section 801 of Title 21 of the
Oklahoma Statutes;
23. Robbery by two or more persons as defined by Section 800 of
Title 21 of the Oklahoma Statutes;
24. Robbery with dangerous weapon or imitation firearm as
defined by Section 801 of Title 21 of the Oklahoma Statutes;
25. Any crime against a child provided for in Section 843.5 of
Title 21 of the Oklahoma Statutes;
26. Wiring any equipment, vehicle or structure with explosives
as defined by Section 849 of Title 21 of the Oklahoma Statutes;
27. Forcible sodomy as defined by Section 888 of Title 21 of
the Oklahoma Statutes;
28. Rape in the first degree as defined by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
29. Rape in the second degree as defined by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
30. Rape by instrumentation as defined by Section 1111.1 of
Title 21 of the Oklahoma Statutes;
31. Lewd or indecent proposition or lewd or indecent act with a
child as defined by Section 1123 of Title 21 of the Oklahoma
Statutes;
32. Sexual battery of a person over 16 as defined by Section
1123 of Title 21 of the Oklahoma Statutes;
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33. Use of a firearm or offensive weapon to commit or attempt
to commit a felony as defined by Section 1287 of Title 21 of the
Oklahoma Statutes;
34. Pointing firearms as defined by Section 1289.16 of Title 21
of the Oklahoma Statutes;
35. Rioting as defined by Section 1311 or 1321.8 of Title 21 of
the Oklahoma Statutes;
36. Inciting to riot as defined by Section 1320.2 of Title 21
of the Oklahoma Statutes;
37. Arson in the first degree as defined by Section 1401 of
Title 21 of the Oklahoma Statutes;
38. Endangering human life during arson as defined by Section
1405 of Title 21 of the Oklahoma Statutes;
39. Injuring or burning public buildings as defined by Section
349 of Title 21 of the Oklahoma Statutes;
40. Sabotage as defined by Section 1262, 1265.4 or 1265.5 of
Title 21 of the Oklahoma Statutes;
41. Extortion as defined by Section 1481 or 1486 of Title 21 of
the Oklahoma Statutes;
42. Obtaining signature by extortion as defined by Section 1485
of Title 21 of the Oklahoma Statutes;
43. Seizure of a bus, discharging firearm or hurling missile at
bus as defined by Section 1903 of Title 21 of the Oklahoma Statutes;
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44. Mistreatment of a vulnerable adult as defined by Section
843.1 of Title 21 of the Oklahoma Statutes;
45. Sex offender providing services to a child as defined by
Section 404.1 of Title 10 of the Oklahoma Statutes;
46. A felony offense of domestic abuse as defined by subsection
C of Section 644 of Title 21 of the Oklahoma Statutes;
47. Prisoner placing body fluid on government employee as
defined by Section 650.9 of Title 21 of the Oklahoma Statutes;
48. Poisoning food or water supply as defined by Section 832 of
Title 21 of the Oklahoma Statutes;
49. Trafficking in children as defined by Section 866 of Title
21 of the Oklahoma Statutes;
50. Incest as defined by Section 885 of Title 21 of the
Oklahoma Statutes;
51. Procure, produce, distribute, or possess juvenile
pornography child sexual abuse material as defined by Section 1021.2
of Title 21 of the Oklahoma Statutes;
52. Parental consent to juvenile pornography child sexual abuse
material as defined by Section 1021.3 of Title 21 of the Oklahoma
Statutes;
53. Soliciting minor for indecent exposure as defined by
Section 1021 of Title 21 of the Oklahoma Statutes;
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54. Distributing obscene material or child pornography sexual
abuse material as defined by Section 1040.13 of Title 21 of the
Oklahoma Statutes;
55. Child sex trafficking as defined by Section 1030 of Title
21 of the Oklahoma Statutes;
56. Procuring a minor for child sex trafficking or other lewd
acts as defined by Section 1087 of Title 21 of the Oklahoma
Statutes;
57. Transporting a child under eighteen (18) years of age for
purposes of child sex trafficking as defined by Section 1087 of
Title 21 of the Oklahoma Statutes;
58. Inducing a minor to engage in child sex trafficking as
defined by Section 1088 of Title 21 of the Oklahoma Statutes;
59. A felony offense of stalking as defined by subsection D of
Section 1173 of Title 21 of the Oklahoma Statutes;
60. Spread of infectious diseases as defined by Section 1192 of
Title 21 of the Oklahoma Statutes;
61. Advocate overthrow of government by force, commit or
attempt to commit acts to overthrow the government, organize or
provide assistance to groups to overthrow the government as defined
by Section 1266, 1266.4 or 1267.1 of Title 21 of the Oklahoma
Statutes;
62. Feloniously discharging a firearm as defined by Section
1289.17A of Title 21 of the Oklahoma Statutes;
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63. Possession, use, manufacture, or threat of incendiary
device as defined by Section 1767.1 of Title 21 of the Oklahoma
Statutes;
64. Causing a personal injury accident while driving under the
influence as defined by Section 11-904 of Title 47 of the Oklahoma
Statutes; or
65. Using a motor vehicle to facilitate the discharge of a
firearm as defined by Section 652 of Title 21 of the Oklahoma
Statutes.
F. The policy and procedure developed by the Department of
Corrections shall include provisions for adjustment review
committees of not less than three members for each such committee.
Each committee shall consist of a classification team supervisor who
shall act as chairman, the case manager for the inmate being
reviewed or classified, a correctional officer or inmate counselor,
and not more than two other members, if deemed necessary, determined
pursuant to policy and procedure to be appropriate for the specific
adjustment review committee or committees to which they are
assigned. At least once every four (4) months the adjustment review
committee for each inmate shall evaluate the class level status and
performance of the inmate and determine whether or not the class
level for the inmate should be changed.
Any inmate who feels aggrieved by a decision made by an
adjustment review committee may utilize normal grievance procedures
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in effect with the Department of Corrections and in effect at the
facility in which the inmate is incarcerated.
G. Inmates granted medical leaves for treatment that cannot be
furnished at the penal institution where incarcerated shall be
allowed the time spent on medical leave as time served. Any inmate
placed into administrative segregation for nondisciplinary reasons
by the institution's administration may be placed in Class 2. The
length of any jail term served by an inmate before being transported
to a state correctional institution pursuant to a judgment and
sentence of incarceration shall be deducted from the term of
imprisonment at the state correctional institution. Inmates
sentenced to the Department of Corrections and detained in a county
jail as a result of the Department's reception scheduling procedure
shall be awarded earned credits as provided for in subparagraph b of
paragraph 1 of subsection D of this section, beginning on the date
of the judgment and sentence, unless the inmate is convicted of a
misdemeanor or felony committed in the jail while the inmate is
awaiting transport to the Lexington Assessment and Reception Center
or other assessment and reception location determined by the
Director of the Department of Corrections.
H. Additional achievement earned credits for successful
completion of departmentally approved programs or for attaining
goals or standards set by the Department shall be awarded as
follows:
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Bachelor's degree......................200 credits;
Associate's degree.....................100 credits;
High School Diploma or High School
Equivalency Diploma...................90 credits;
Certification of Completion of
Vocational Training...................80 credits;
Successful completion of
Alcohol/Chemical Abuse Treatment
Program of not less than four (4)
months continuous participation.......70 credits;
Successful completion of other
Educational Accomplishments or
other programs not specified in
this subsection....................10-30 credits;
Achievement earned credits are subject to loss and restoration in
the same manner as earned credits.
I. The accumulated time of every inmate shall be tallied
monthly and maintained by the institution where the term of
imprisonment is being served. A record of said accumulated time
shall be:
1. Sent to the administrative office of the Department of
Corrections on a quarterly basis; and
2. Provided to the inmate.
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SECTION 18. AMENDATORY 57 O.S. 2021, Section 332.16, as
amended by Section 12, Chapter 151, O.S.L. 2024 (57 O.S. Supp. 2024,
Section 332.16), is amended to read as follows:
Section 332.16. A. No recommendation to the Governor for
parole shall remain under consideration and in the possession of
that office for a time longer than thirty (30) consecutive calendar
days. Except as provided for in subsection B of this section, if
upon expiration of the thirty-day time period no action is taken by
the Governor to grant or deny parole, the recommendation for parole
shall be deemed granted.
B. The Governor shall be required to review each parole
recommendation and shall grant or deny parole for persons convicted
of the following crimes:
1. Assault, battery, or assault and battery with a dangerous or
deadly weapon as provided in Sections 645 and 652 of Title 21 of the
Oklahoma Statutes;
2. Aggravated assault and battery on a police officer, sheriff,
highway patrolman, or any other officer of the law as provided in
Sections 650, 650.2, 650.5, 650.6 and 650.7 of Title 21 of the
Oklahoma Statutes;
3. Poisoning with intent to kill as provided in Section 651 of
Title 21 of the Oklahoma Statutes;
4. Shooting with intent to kill as provided in Section 652 of
Title 21 of the Oklahoma Statutes;
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5. Assault with intent to kill as provided in Section 653 of
Title 21 of the Oklahoma Statutes;
6. Assault with intent to commit a felony as provided in
Section 681 of Title 21 of the Oklahoma Statutes;
7. Assaults while masked or disguised as provided in Section
1303 of Title 21 of the Oklahoma Statutes;
8. Murder in the first degree as provided in Section 701.7 of
Title 21 of the Oklahoma Statutes;
9. Murder in the second degree as provided in Section 701.8 of
Title 21 of the Oklahoma Statutes;
10. Manslaughter in the first degree as provided in Section 711
or 712 of Title 21 of the Oklahoma Statutes;
11. Manslaughter in the second degree as provided in Sections
716 and 717 of Title 21 of the Oklahoma Statutes;
12. Kidnapping as provided in Section 741 of Title 21 of the
Oklahoma Statutes;
13. Burglary in the first degree as provided in Section 1431 of
Title 21 of the Oklahoma Statutes;
14. Burglary with explosives as provided in Section 1441 of
Title 21 of the Oklahoma Statutes;
15. Kidnapping for extortion as provided in Section 745 of
Title 21 of the Oklahoma Statutes;
16. Maiming as provided in Section 751 of Title 21 of the
Oklahoma Statutes;
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17. Robbery as provided in Section 791 of Title 21 of the
Oklahoma Statutes;
18. Robbery in the first degree as provided in Section 797 of
Title 21 of the Oklahoma Statutes;
19. Robbery in the second degree as provided in Section 797 of
Title 21 of the Oklahoma Statutes;
20. Robbery by two or more persons as provided in Section 800
of Title 21 of the Oklahoma Statutes;
21. Robbery with dangerous weapon or imitation firearm as
provided in Section 801 of Title 21 of the Oklahoma Statutes;
22. Child abuse as provided in Section 843.5 of Title 21 of the
Oklahoma Statutes;
23. Wiring any equipment, vehicle or structure with explosives
as provided in Section 849 of Title 21 of the Oklahoma Statutes;
24. Forcible sodomy as provided in Section 888 of Title 21 of
the Oklahoma Statutes;
25. Rape in the first degree as provided in Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
26. Rape in the second degree as provided in Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
27. Rape by instrumentation as provided in Section 1111.1 of
Title 21 of the Oklahoma Statutes;
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28. Lewd or indecent proposition or lewd or indecent act with a
child as provided in Section 1123 of Title 21 of the Oklahoma
Statutes;
29. Use of a firearm or offensive weapon to commit or attempt
to commit a felony as provided in Section 1287 of Title 21 of the
Oklahoma Statutes;
30. Pointing firearms as provided in Section 1289.16 of Title
21 of the Oklahoma Statutes;
31. Rioting as provided in Sections 1311 and 1321.8 of Title 21
of the Oklahoma Statutes;
32. Inciting to riot as provided in Section 1320.2 of Title 21
of the Oklahoma Statutes;
33. Arson in the first degree as provided in Section 1401 of
Title 21 of the Oklahoma Statutes;
34. Injuring or burning public buildings as provided in Section
349 of Title 21 of the Oklahoma Statutes;
35. Sabotage as provided in Sections 1262, 1265.4 and 1265.5 of
Title 21 of the Oklahoma Statutes;
36. Criminal syndicalism as provided in Section 1261 of Title
21 of the Oklahoma Statutes;
37. Extortion as provided in Sections 1481 and 1486 of Title 21
of the Oklahoma Statutes;
38. Obtaining signature by extortion as provided in Section
1485 of Title 21 of the Oklahoma Statutes;
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39. Seizure of a bus, discharging firearm or hurling missile at
bus as provided in Section 1903 of Title 21 of the Oklahoma
Statutes;
40. Mistreatment of a mental patient as provided in Section
843.1 of Title 21 of the Oklahoma Statutes;
41. Using a vehicle to facilitate the discharge of a weapon as
provided in Section 652 of Title 21 of the Oklahoma Statutes;
42. Aggravated drug trafficking as provided in Section 2-415 of
Title 63 of the Oklahoma Statutes;
43. Racketeering as provided in Section 1403 of Title 22 of the
Oklahoma Statutes;
44. Offenses of public corruption such as bribery of public
officials as provided in Section 381 or 382 of Title 21 of the
Oklahoma Statutes;
45. Embezzlement of public money as provided in Section 1451 et
seq. of Title 21 or Section 641 of Title 19 of the Oklahoma
Statutes;
46. Failure to pay and collect tax as provided in Section 1361
or 2385.3 of Title 68 of the Oklahoma Statutes;
47. Conspiracy to defraud the state as provided in Section 424
of Title 21 of the Oklahoma Statutes;
48. Child pornography sexual abuse material as provided in
Section 1021.2 or 1021.3 or defined in Section 1024.1 of Title 21 of
the Oklahoma Statutes;
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49. Child sex trafficking as defined by Section 1030 of Title
21 of the Oklahoma Statutes;
50. Abuse of a vulnerable adult as defined in Section 10-103 of
Title 43A of the Oklahoma Statutes;
51. Terrorism crimes, including biochemical assault as provided
in Section 1268 of Title 21 of the Oklahoma Statutes;
52. Trafficking of children as provided in Section 865 et seq.
of Title 21 of the Oklahoma Statutes; or
53. Trafficking of humans as provided in Section 748 et seq. of
Title 21 of the Oklahoma Statutes.
C. When the Pardon and Parole Board makes a recommendation for
a compassionate parole pursuant to subsection B of Section 332.18 of
this title, the Board shall forward all relevant documentation to
the Governor within four (4) business days of the parole review of
the inmate. Upon receipt, the Governor shall have four (4) business
days to grant or deny the compassionate parole.
SECTION 19. AMENDATORY 57 O.S. 2021, Section 571, as
last amended by Section 13, Chapter 151, O.S.L. 2024 (57 O.S. Supp.
2024, Section 571), is amended to read as follows:
Section 571. As used in the Oklahoma Statutes, unless another
definition is specified:
1. "Capacity" means the actual available bedspace as certified
by the State Board of Corrections subject to applicable federal and
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state laws and the rules and regulations promulgated under such
laws; and
2. "Violent crime" means any of the following felony offenses
and any attempts to commit or conspiracy or solicitation to commit
the following crimes:
a. assault, battery, or assault and battery with a
dangerous or deadly weapon, as provided for in
Sections 645 and 652 of Title 21 of the Oklahoma
Statutes,
b. 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
Title 21 of the Oklahoma Statutes,
c. aggravated assault and battery on a police officer,
sheriff, highway patrolman, or any other officer of
the law, as provided for in Section 650 of Title 21 of
the Oklahoma Statutes,
d. poisoning with intent to kill, as provided for in
Section 651 of Title 21 of the Oklahoma Statutes,
e. shooting with intent to kill, as provided for in
Section 652 of Title 21 of the Oklahoma Statutes,
f. assault with intent to kill, as provided for in
Section 653 of Title 21 of the Oklahoma Statutes,
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g. assault with intent to commit a felony, as provided
for in Section 681 of Title 21 of the Oklahoma
Statutes,
h. assaults with a dangerous weapon while masked or
disguised, as provided for in Section 1303 of Title 21
of the Oklahoma Statutes,
i. murder in the first degree, as provided for in Section
701.7 of Title 21 of the Oklahoma Statutes,
j. murder in the second degree, as provided for in
Section 701.8 of Title 21 of the Oklahoma Statutes,
k. manslaughter in the first degree, as provided for in
Section 711 of Title 21 of the Oklahoma Statutes,
l. manslaughter in the second degree, as provided for in
Section 716 of Title 21 of the Oklahoma Statutes,
m. kidnapping, as provided for in Section 741 of Title 21
of the Oklahoma Statutes,
n. burglary in the first degree, as provided for in
Section 1431 of Title 21 of the Oklahoma Statutes,
o. burglary with explosives, as provided for in Section
1441 of Title 21 of the Oklahoma Statutes,
p. kidnapping for extortion, as provided for in Section
745 of Title 21 of the Oklahoma Statutes,
q. maiming, as provided for in Section 751 of Title 21 of
the Oklahoma Statutes,
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r. robbery, as provided for in Section 791 of Title 21 of
the Oklahoma Statutes,
s. robbery in the first degree, as provided for in
Section 797 et seq. of Title 21 of the Oklahoma
Statutes,
t. robbery in the second degree, as provided for in
Section 797 et seq. of Title 21 of the Oklahoma
Statutes,
u. armed robbery, as provided for in Section 801 of Title
21 of the Oklahoma Statutes,
v. robbery by two or more persons, as provided for in
Section 800 of Title 21 of the Oklahoma Statutes,
w. robbery with dangerous weapon or imitation firearm, as
provided for in Section 801 of Title 21 of the
Oklahoma Statutes,
x. child abuse, as provided for in Section 843.5 of Title
21 of the Oklahoma Statutes,
y. wiring any equipment, vehicle or structure with
explosives, as provided for in Section 849 of Title 21
of the Oklahoma Statutes,
z. forcible sodomy, as provided for in Section 888 of
Title 21 of the Oklahoma Statutes,
aa. rape in the first degree, as provided for in Section
1114 of Title 21 of the Oklahoma Statutes,
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bb. rape in the second degree, as provided for in Section
1114 of Title 21 of the Oklahoma Statutes,
cc. rape by instrumentation, as provided for in Section
1111.1 of Title 21 of the Oklahoma Statutes,
dd. lewd or indecent proposition or lewd or indecent act
with a child under sixteen (16) years of age, as
provided for in Section 1123 of Title 21 of the
Oklahoma Statutes,
ee. use of a firearm or offensive weapon to commit or
attempt to commit a felony, as provided for in Section
1287 of Title 21 of the Oklahoma Statutes,
ff. pointing firearms, as provided for in Section 1289.16
of Title 21 of the Oklahoma Statutes,
gg. rioting, as provided for in Section 1311 of Title 21
of the Oklahoma Statutes,
hh. inciting to riot, as provided for in Section 1320.2 of
Title 21 of the Oklahoma Statutes,
ii. arson in the first degree, as provided for in Section
1401 of Title 21 of the Oklahoma Statutes,
jj. injuring or burning public buildings, as provided for
in Section 349 of Title 21 of the Oklahoma Statutes,
kk. sabotage, as provided for in Section 1262 of Title 21
of the Oklahoma Statutes,
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ll. criminal syndicalism, as provided for in Section 1261
of Title 21 of the Oklahoma Statutes,
mm. extortion, as provided for in Section 1481 of Title 21
of the Oklahoma Statutes,
nn. obtaining signature by extortion, as provided for in
Section 1485 of Title 21 of the Oklahoma Statutes,
oo. seizure of a bus, discharging firearm or hurling
missile at bus, as provided for in Section 1903 of
Title 21 of the Oklahoma Statutes,
pp. mistreatment of a mental patient, as provided for in
Section 843.1 of Title 21 of the Oklahoma Statutes,
qq. using a vehicle to facilitate the discharge of a
weapon pursuant to Section 652 of Title 21 of the
Oklahoma Statutes,
rr. bombing offenses as defined in Section 1767.1 of Title
21 of the Oklahoma Statutes,
ss. child pornography sexual abuse material or aggravated
child pornography sexual abuse material as defined in
Section 1021.2, 1021.3, 1024.1 or 1040.12a of Title 21
of the Oklahoma Statutes,
tt. child sex trafficking as defined in Section 1030 of
Title 21 of the Oklahoma Statutes,
uu. abuse of a vulnerable adult as defined in Section 10-
103 of Title 43A of the Oklahoma Statutes,
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vv. aggravated trafficking as provided for in subsection C
of Section 2-415 of Title 63 of the Oklahoma Statutes,
ww. aggravated assault and battery upon any person
defending another person from assault and battery, as
provided for in Section 646 of Title 21 of the
Oklahoma Statutes,
xx. human trafficking, as provided for in Section 748 of
Title 21 of the Oklahoma Statutes,
yy. terrorism crimes as provided in Section 1268 et seq.
of Title 21 of the Oklahoma Statutes,
zz. eluding a peace officer, as provided for in subsection
B or C of Section 540A of Title 21 of the Oklahoma
Statutes, or
aaa. domestic abuse by strangulation, domestic assault with
a dangerous weapon, domestic assault and battery with
a dangerous weapon, domestic assault and battery
resulting in great bodily injury, or domestic assault
and battery with a deadly weapon, as provided for in
Section 644 of Title 21 of the Oklahoma Statutes.
Such offenses shall constitute exceptions to nonviolent offenses
pursuant to Article VI, Section 10 of the Oklahoma Constitution.
SECTION 20. AMENDATORY 57 O.S. 2021, Section 582, as
amended by Section 14, Chapter 151, O.S.L. 2024 (57 O.S. Supp. 2024,
Section 582), is amended to read as follows:
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Section 582. A. The provisions of the Sex Offenders
Registration Act shall apply to any person residing, working or
attending school within the State of Oklahoma who, after November 1,
1989, has been convicted, whether upon a verdict or plea of guilty
or upon a plea of nolo contendere, or received a suspended sentence
or any probationary term, or is currently serving a sentence or any
form of probation or parole for a crime or an attempt to commit a
crime provided for in Section 843.5 of Title 21 of the Oklahoma
Statutes if the offense involved sexual abuse or sexual exploitation
as those terms are defined in Section 1-1-105 of Title 10A of the
Oklahoma Statutes, Section 681, if the offense involved sexual
assault, 741, if the offense involved sexual abuse or sexual
exploitation, Section 748, if the offense involved human trafficking
for commercial sex, Section 843.1, if the offense involved sexual
abuse or sexual exploitation, Section 852.1, if the offense involved
sexual abuse of a child, 856, if the offense involved child sex
trafficking or human trafficking for commercial sex, 865 et seq.,
885, 886, 888, 891, if the offense involved sexual abuse or sexual
exploitation, 1021, 1021.2, 1021.3, 1024.2, 1029, if the offense
involved child sex trafficking, 1040.8, if the offense involved
child pornography sexual abuse material, 1040.12a, 1040.13,
1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the
Oklahoma Statutes.
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B. The provisions of the Sex Offenders Registration Act shall
apply to any person who after November 1, 1989, resides, works or
attends school within the State of Oklahoma and who has been
convicted or received a suspended sentence at any time in any court
of another state, the District of Columbia, Puerto Rico, Guam,
American Samoa, the Northern Mariana Islands and the United States
Virgin Islands, a federal court, an Indian tribal court, a military
court, or a court of a foreign country for a crime, attempted crime
or a conspiracy to commit a crime which, if committed or attempted
in this state, would be a crime, an attempt to commit a crime or a
conspiracy to commit a crime provided for in any of the laws listed
in subsection A of this section.
C. The provisions of the Sex Offenders Registration Act shall
apply to any person who resides, works or attends school within the
State of Oklahoma and who has received a deferred judgment at any
time in any court of another state, the District of Columbia, Puerto
Rico, Guam, American Samoa, the Northern Mariana Islands and the
United States Virgin Islands, a federal court, an Indian tribal
court, a military court, or a court of a foreign country for a
crime, attempted crime or a conspiracy to commit a crime which, if
committed or attempted or conspired to be committed in this state,
would be a crime, an attempt to commit a crime or a conspiracy to
commit a crime provided for in Section 843.5 of Title 21 of the
Oklahoma Statutes if the offense involved sexual abuse or sexual
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exploitation as those terms are defined in Section 1-1-105 of Title
10A of the Oklahoma Statutes, Section 681, if the offense involved
sexual assault, 741, if the offense involved sexual abuse or sexual
exploitation, Section 748, if the offense involved human trafficking
for commercial sex, Section 843.1, if the offense involved sexual
abuse or sexual exploitation, Section 852.1, if the offense involved
sexual abuse of a child, 856, if the offense involved child sex
trafficking or human trafficking for commercial sex, 865 et seq.,
885, 886, 888, 891, if the offense involved sexual abuse or sexual
exploitation, 1021, 1021.2, 1021.3, 1024.2, 1029, if the offense
involved child sex trafficking, 1040.8, if the offense involved
child pornography sexual abuse material, 1040.12a, 1040.13,
1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the
Oklahoma Statutes. The provisions of the Sex Offenders Registration
Act shall not apply to any such person while the person is
incarcerated in a maximum or medium correctional institution of the
Department of Corrections.
D. On November 1, 2002, any person registered as a sex offender
pursuant to Section 741 of Title 21 of the Oklahoma Statutes shall
be summarily removed from the Sex Offender Registry by the
Department of Corrections and all law enforcement agencies of any
political subdivision of this state, unless the offense involved
sexual abuse or sexual exploitation.
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E. The provisions of the Sex Offenders Registration Act shall
not apply to any such person who has received a criminal history
records expungement for a conviction in another state for a crime or
attempted crime which, if committed or attempted in this state,
would be a crime or an attempt to commit a crime provided for in any
laws listed in subsection A of this section.
F. The provisions of the Sex Offenders Registration Act shall
apply to any person residing, working or attending school within
this state who, after the effective date of this act, has been
convicted, whether upon a verdict or plea of guilty or upon a plea
of nolo contendere, or received a suspended sentence or any
probationary term, or is currently serving a sentence or any form of
probation or parole for a crime or an attempt to commit a crime as
provided for in subsection G of Section 1040.13b of Title 21 of the
Oklahoma Statutes.
G. The provisions of the Sex Offenders Registration Act shall
apply to any person who resides, works or attends school within this
state and who has received a deferred judgment at any time in any
court of another state, the District of Columbia, Puerto Rico, Guam,
American Samoa, the Northern Mariana Islands and the United States
Virgin Islands, a federal court, an Indian tribal court, a military
court, or a court of a foreign country for a crime, if committed in
this state, would be a crime, as provided for in subsection F of
Section 1040.13b of Title 21 of the Oklahoma Statutes. The
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provisions of the Sex Offenders Registration Act shall not apply to
any such person while the person is incarcerated in a maximum or
medium correctional institution of the Department of Corrections.
SECTION 21. AMENDATORY 74 O.S. 2021, Section 151.1, as
amended by Section 15, Chapter 151, O.S.L. 2024 (74 O.S. Supp. 2024,
Section 151.1), is amended to read as follows:
Section 151.1. A. The Oklahoma State Bureau of Investigation
shall establish an Internet Crimes Against Children (ICAC) Unit for
the primary purpose of investigating Internet crimes committed
against children, including, but not limited to, offenses related to
child pornography sexual abuse material and solicitation of minors
for pornography child sexual abuse material, or child sex
trafficking. The Unit shall additionally promote safe Internet use
among children and their parents by various media or printed-
material campaigns or by offering educational programs to schools or
communities throughout this state. The Bureau shall employ
sufficient employees to investigate and implement the ICAC unit.
B. The Director of the Oklahoma State Bureau of Investigation
is hereby authorized to enter into local cooperative agreements with
local law enforcement agencies for the purpose of appointing ICAC
Affiliate Task Force Agents to assist the ICAC Unit of the Bureau.
ICAC Affiliate Task Force Agents shall be employees and commissioned
law enforcement officers of the local law enforcement agency
entering into agreement with the Oklahoma State Bureau of
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Investigation and shall not be employees of the Bureau. ICAC
Affiliate Task Force Agents shall have general peace officer powers
and the authority to arrest persons throughout the state for the
purpose of investigating Internet crimes committed against children
including, but not limited to, offenses related to child pornography
sexual abuse material, solicitation of minors for pornography child
sexual abuse material, or child sex trafficking. ICAC Affiliate
Task Force Agents shall promote safe Internet use among children and
parents of children by various media or printed-material campaigns
or by offering educational programs to schools or communities
throughout Oklahoma. The Director of the Bureau may renew, suspend
or revoke any agreement appointing an ICAC Affiliate Task Force
Agent at any time. ICAC Affiliate Task Force Agents serve solely at
the discretion and will of the Director of the Oklahoma State Bureau
of Investigation.
SECTION 22. REPEALER 21 O.S. 2021, Section 13.1, as
amended by Section 5, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 13.1), is hereby repealed.
SECTION 23. REPEALER 21 O.S. 2021, Section 843.5, as
amended by Section 6, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 843.5), is hereby repealed.
SECTION 24. REPEALER 21 O.S. 2021, Section 1021.2, as
last amended by Section 9, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1021.2), is hereby repealed.
ENGR. H. B. NO. 1346 Page 138
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SECTION 25. REPEALER 21 O.S. 2021, Section 1024.1, as
amended by Section 14, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1024.1), is hereby repealed.
SECTION 26. REPEALER 21 O.S. 2021, Section 1040.12a, as
amended by Section 20, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1040.12a), is hereby repealed.
SECTION 27. REPEALER 22 O.S. 2021, Section 40, as
amended by Section 34, Chapter 59, O.S.L. 2024 (22 O.S. Supp. 2024,
Section 40), is hereby repealed.
SECTION 28. REPEALER 22 O.S. 2021, Section 991h, as
amended by Section 35, Chapter 59, O.S.L. 2024 (22 O.S. Supp. 2024,
Section 991h), is hereby repealed.
SECTION 29. REPEALER 57 O.S. 2021, Section 138, as last
amended by Section 38, Chapter 59, O.S.L. 2024 (57 O.S. Supp. 2024,
Section 138), is hereby repealed.
SECTION 30. REPEALER 57 O.S. 2021, Section 332.16, as
amended by Section 39, Chapter 59, O.S.L. 2024 (57 O.S. Supp. 2024,
Section 332.16), is hereby repealed.
SECTION 31. REPEALER 57 O.S. 2021, Section 571, as last
amended by Section 40, Chapter 59, O.S.L. 2024 (57 O.S. Supp. 2024,
Section 571), is hereby repealed.
SECTION 32. REPEALER 57 O.S. 2021, Section 582, as
amended by Section 41, Chapter 59, O.S.L. 2024 (57 O.S. Supp. 2024,
Section 582), is hereby repealed.
ENGR. H. B. NO. 1346 Page 139
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SECTION 33. REPEALER 74 O.S. 2021, Section 151.1, as
amended by Section 47, Chapter 59, O.S.L. 2024 (74 O.S. Supp. 2024,
Section 151.1), is hereby repealed.
SECTION 34. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 25th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate