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An Act
ENROLLED HOUSE
BILL NO. 4142 By: Manger of the House
and
Hines of the Senate
An Act relating to crimes and punishments; amending
21 O.S. 2021, Sections 1767.1, as amended by Section
459, Chapter 486, O.S.L. 2025, and 1767.3 (21 O.S.
Supp. 2025, Section 1767.1), which relate to the
unlawful use of bombs or explosive devices and
related definitions; modifying elements of certain
crimes; providing construing provision; updating
certain defined terms; and providing an effective
date.
SUBJECT: Crimes and punishments
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1767.1, as
amended by Section 459, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2025, Section 1767.1), is amended to read as follows:
Section 1767.1. A. Any person who shall willfully or
maliciously commit any of the following acts shall be deemed guilty
of a Class D1 felony offense:
1. Place or conspire to place in, upon, under, against or near
to any building, car, truck, aircraft, motor or other vehicle,
vessel, railroad, railway car, or locomotive or structure, any
explosive or incendiary device with unlawful intent to destroy,
throw down, or injure capable of causing destruction, in whole or in
part, such of said property, or conspire, aid, counsel or procure
the destruction of any building, public or private, or any car,
truck, aircraft, motor or other vehicle, vessel, railroad, railway
car, or locomotive or structure; or
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2. Place or conspire to place in, upon, under, against or near
to any building, car, truck, aircraft, motor or other vehicle,
vessel, railroad, railway car, or locomotive or structure, any
explosive or incendiary device with intent to destroy, throw down,
or injure capable of causing destruction or injury, in whole or in
part, under circumstances that, if such intent it were accomplished
to function, human life or safety would be endangered thereby; or
3. By the explosion Use of any explosive or the igniting of any
incendiary device to destroy, throw down, or injure any property of
another person, or cause injury to another person, in whole or in
part; or
4. Manufacture, sell, transport, or possess or conspire to
manufacture, sell, transport, or possess any explosive, the
component parts of an explosive or ingredients of any homemade
explosive, an incendiary device, or simulated bomb with knowledge or
intent that it or they will be used when such item or materials are
designed, modified, assembled, or possessed in a manner that
demonstrates preparation for illegal use, or possessed in a
combination and under circumstances indicating intent or readiness
to unlawfully kill, injure or intimidate any person, or unlawfully
damage any real or personal property; or
5. Place or conspire to place in, upon, under, against or near
to any building, car, truck, aircraft, motor or other vehicle,
vessel, railroad, railway car, or locomotive or structure, any foul,
poisonous, offensive or injurious substance or compound, explosive,
incendiary device, or simulated bomb with intent to wrongfully
injure, molest or coerce another person or to injure or damage the
property of another person; or
6. Injure, damage or attempt to damage by an explosive or
incendiary device any person, persons, or property, whether real or
personal, in whole or in part; or
7. Make any threat or convey information known to be false,
concerning an attempt or alleged attempt to kill, injure or
intimidate any person or unlawfully damage any real or personal
property by means of an explosive, incendiary device, or simulated
bomb; or
8. Manufacture, sell, deliver, mail or send an explosive,
incendiary device, or simulated bomb to another person; or
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9. While committing or attempting to commit any felony,
possess, display, or threaten to use any explosive, incendiary
device, or simulated bomb.
B. Nothing contained herein shall be construed to apply to, or
repeal any laws pertaining to, the acts of mischief of juveniles
involving no injurious firecrackers or devices commonly called
"stink bombs".
C. Nothing contained herein shall be construed to prohibit the
lawful manufacture, sale, transport, possession, or use of
explosives, explosive materials, incendiaries, simulated bombs,
their components, or ingredients for a lawful purpose and in
compliance with applicable state and federal law.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1767.3, is
amended to read as follows:
Section 1767.3. As used in Section 1767.1 of this title:
1. "Explosive" or "explosives" means any chemical compound,
mixture or device, the primary or common purpose of which is to
function by explosion or which, although not its primary or common
purpose, has been modified, manipulated, altered, enhanced, or
otherwise caused to function by explosion (that is, with substantial
instantaneous release of gas, heat, debris, or concussive pressure
or force, or any combination of such actions), unless such compound,
mixture or device is otherwise specifically classified by the United
States Department of Transportation. The term "explosive" or
"explosives" shall include, but not be limited to, gunpowder,
dynamite, any bomb, all materials as defined in paragraphs 1 and 2
of Section 121.1 of Title 63 of the Oklahoma Statutes, and all
material which is classified as explosives by the United States
Department of Transportation;
2. "Person" means any individual or individuals, firm,
copartnership, corporation, company, association, joint stock
association, and includes any trustee, receiver, assignee or
personal representative thereof;
3. "Incendiary device" "Incendiary" means any chemical
compound, mixture or device accelerant, material, or combination
thereof, the primary purpose or effect of which is to ignite,
initiate combustion, or promote the spread of fire, whether through
direct ignition, chemical reaction, or by enhancing the
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combustibility of other materials. This includes, but is not
limited to, devices designed to ignite on impact or as a result of
chemical reaction such as a "Molotov cocktail", including "Molotov
cocktails" or "firebomb" which is ignited on impact, causing a
mechanical reaction of the container's breaking and permitting the
inflammable matter to spread or splatter and is ignited from the
burning wick or hypergolic reaction of chemicals "firebombs" and
materials deployed without a container, such as poured accelerants
intended to cause fire or destruction;
4. "Component parts" means separate parts which if assembled
would form an explosive device. Component parts of an "incendiary
device" shall consist of an inflammable material, a breakable
container and a source of ignition; and
5. "Simulated bomb" means any device or object that by its
design, construction, content, or characteristics appears to be, or
to contain, an incendiary device, explosive, or explosives, as
defined in this section, but is, in fact, an inoperative facsimile
or imitation of such a device or explosive.
SECTION 3. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 5th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 5th day of May, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________