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An Act
ENROLLED SENATE
BILL NO. 1238 By: Coleman of the Senate
and
Pfeiffer and Moore of the
House
An Act relating to crimes and punishments; amending
Section 10, Chapter 366, O.S.L. 2024, as amended by
Section 4, Chapter 187, O.S.L. 2025 (21 O.S. Supp.
2025, Section 20J), which relates to Class B5
offenses; modifying provisions of certain offense;
updating statutory references; amending 21 O.S. 2021,
Section 644, as last amended by Section 3, Chapter
486, O.S.L. 2025 (21 O.S. Supp. 2025, Section 644),
which relates to assault and battery; modifying
provisions of certain offense; conforming statutory
references; updating statutory language; and
providing an effective date.
SUBJECT: Domestic abuse
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 10, Chapter 366, O.S.L.
2024, as amended by Section 4, Chapter 187, O.S.L. 2025 (21 O.S.
Supp. 2025, Section 20J), is amended to read as follows:
Section 20J. A. Upon the effective date of this act On or
after January 1, 2026, Class B5 shall include the following criminal
offenses:
1. Second or subsequent conviction for assault and battery
against a current or former intimate partner or a family or
household member, as provided for in subsection C of Section 644 of
Title 21 of the Oklahoma Statutes this title;
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2. Second or subsequent conviction for domestic Domestic abuse
committed in the presence of a child, as provided for in subsection
G of Section 644 of Title 21 of the Oklahoma Statutes this title;
3. Assault and battery by strangulation or attempted
strangulation against an intimate partner or a family or household
member, as provided for in subsection J of Section 644 of Title 21
of the Oklahoma Statutes this title;
4. Aggravated assault and battery, as provided for in Section
646 of Title 21 of the Oklahoma Statutes this title;
5. Battery or assault and battery upon a police officer,
sheriff, deputy sheriff, highway patrolman, corrections personnel,
or other state peace officer, as provided for in subsection B of
Section 649 of Title 21 of the Oklahoma Statutes this title;
6. Striking or mistreating a police dog or police horse during
the commission of a misdemeanor or felony, as provided for in
subsection D of Section 649.1 of Title 21 of the Oklahoma Statutes
this title;
7. Disfiguring, disabling, or killing a police dog or police
horse during the commission of a misdemeanor or felony, as provided
for in subsection C of Section 649.2 of Title 21 of the Oklahoma
Statutes this title;
8. Battery or assault and battery resulting in bodily injury to
any employee of the Office of Juvenile Affairs or residential
facility, as provided for in subsection E of Section 650.2 of Title
21 of the Oklahoma Statutes this title;
9. Assault with intent to kill, as provided for in Section 653
of Title 21 of the Oklahoma Statutes this title;
10. Assault with intent to commit any felony, as provided for
in Section 681 of Title 21 of the Oklahoma Statutes this title;
11. Manslaughter in the second degree, as provided for in
Section 716 of Title 21 of the Oklahoma Statutes this title;
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12. Owning a mischievous animal that kills a human being, as
provided for in Section 717 of Title 21 of the Oklahoma Statutes
this title;
13. Causing, aiding, abetting, or encouraging a minor to commit
or participate in committing a felony offense, as provided for in
subsection C of Section 856 of Title 21 of the Oklahoma Statutes
this title;
14. Causing, aiding, abetting, encouraging, soliciting, or
recruiting a minor to participate, join, or associate with any
criminal street gang, as provided for in subsection D of Section 856
of Title 21 of the Oklahoma Statutes this title;
15. Committing a gang-related offense as a condition of
membership in a criminal street gang, as provided for in Section
856.3 of Title 21 of the Oklahoma Statutes this title;
16. Stalking, as provided for in subsection B of Section 1173
of Title 21 of the Oklahoma Statutes this title;
17. Second or subsequent conviction of stalking or committing
the act of stalking within ten (10) years of the completion of
sentence for a prior conviction of stalking, as provided for in
subsection C of Section 1173 of Title 21 of the Oklahoma Statutes
this title;
18. Intentionally or recklessly spreading an infectious
disease, as provided for in Section 1192.1 of Title 21 of the
Oklahoma Statutes this title;
19. Entering the premises of another while masked or disguised
with the intent to inflict bodily injury or injury to property, as
provided for in Section 1302 of Title 21 of the Oklahoma Statutes
this title;
20. Assault with a dangerous weapon while masked or in
disguise, as provided for in Section 1303 of Title 21 of the
Oklahoma Statutes this title;
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21. Unlawful assembly for the purpose of engaging in a riot, as
provided for in Section 1320.3 of Title 21 of the Oklahoma Statutes
this title;
22. Acts of cruelty to animals, as provided for in Section 1685
of Title 21 of the Oklahoma Statutes this title;
23. Instigating or encouraging any cockfight, as provided for
in Section 1692.2 of Title 21 of the Oklahoma Statutes this title;
24. Keeping a pit or other place or knowingly providing
equipment or facilities for cockfighting, as provided for in Section
1692.3 of Title 21 of the Oklahoma Statutes this title;
25. Servicing or facilitating a cockfight, as provided for in
Section 1692.4 of Title 21 of the Oklahoma Statutes this title;
26. Owning, possessing, keeping, or training any bird for
cockfighting, as provided for in Section 1692.5 of Title 21 of the
Oklahoma Statutes this title;
27. Instigating or encouraging any fight between dogs, as
provided for in Section 1694 of Title 21 of the Oklahoma Statutes
this title;
28. Keeping a house, pit, or other place, or providing any
equipment or facilities to be used for any fight between dogs, as
provided for in Section 1695 of Title 21 of the Oklahoma Statutes
this title;
29. Acting or performing any service in the furtherance of or
facilitating any dogfight, as provided for in Section 1696 of Title
21 of the Oklahoma Statutes this title;
30. Owning, possessing, keeping, or training any dog with
intent to have such dog fight another dog, as provided for in
Section 1697 of Title 21 of the Oklahoma Statutes this title;
31. Failing to stop for an accident resulting in a nonfatal
injury to another person, as provided for in Section 10-102 of Title
47 of the Oklahoma Statutes;
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32. Personal injury accident while driving or operating a motor
vehicle under the influence of alcohol or other intoxicating
substance while having a previous conviction for driving or
operating a motor vehicle while under the influence of alcohol or
other intoxicating substance, as provided for in paragraph 2 of
subsection A of Section 11-904 of Title 47 of the Oklahoma Statutes;
33. Failure to register as a sex offender, as provided for in
Section 583 of Title 57 of the Oklahoma Statutes;
34. Furnishing false or misleading information in the
registration required by the Sex Offenders Registration Act, as
provided for in Section 586 of Title 57 of the Oklahoma Statutes;
35. Failure to comply with the Sex Offenders Registration Act,
as provided for in subsection A of Section 587 of Title 57 of the
Oklahoma Statutes;
36. Failure to comply with established guidelines of global-
positioning-system Global Positioning System (GPS) monitoring
pursuant to the provisions of the Sex Offenders Registration Act, as
provided for in subsection B of Section 587 of Title 57 of the
Oklahoma Statutes;
37. Temporarily or permanently residing within a two-thousand-
foot radius of a public or private school site or other listed
places by a person required to register pursuant to the Sex
Offenders Registration Act, as provided for in subsection A of
Section 590 of Title 57 of the Oklahoma Statutes;
38. Residing with a minor child after being convicted of an
offense that involved a minor child by a person required to register
pursuant to the Sex Offenders Registration Act, as provided for in
subsection B of Section 590 of Title 57 of the Oklahoma Statutes;
39. Two or more sex offenders residing together in a dwelling
during the term of registration as a sex offender, as provided for
in subsection A of Section 590.1 of Title 57 of the Oklahoma
Statutes; and
40. Establishing, leasing, operating, or owning any structure
where persons required to register pursuant to the Sex Offenders
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Registration Act are allowed to reside, as provided for in
subsection E of Section 590.1 of Title 57 of the Oklahoma Statutes.
B. Any person convicted of a Class B5 criminal offense set
forth in this section shall be punished in accordance with the
corresponding penalties provided for in the Oklahoma Statutes.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 644, as last
amended by Section 3, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 644), is amended to read as follows:
Section 644. A. Assault shall be punishable by imprisonment in
a county jail not exceeding for not more than ninety (90) days, or
by a fine not more than Five Hundred Dollars ($500.00), or by both
such fine imprisonment and imprisonment fine.
B. Assault and battery shall be punishable by imprisonment in a
county jail not exceeding for not more than six (6) months, or by a
fine not more than One Thousand Dollars ($1,000.00), or by both such
fine imprisonment and imprisonment fine.
C. Any person who commits any assault and battery against a
current or former intimate partner or a family or household member
as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
shall, upon conviction, be guilty of domestic abuse. Upon
conviction, the defendant shall be punished punishable by
imprisonment in the county jail for not more than one (1) year, or
by a fine not exceeding Five Thousand Dollars ($5,000.00), or by
both such fine imprisonment and imprisonment fine. Upon conviction
for a second or subsequent offense, the person shall be guilty of a
Class B5 felony offense and shall be punished punishable by
imprisonment in the custody of the Department of Corrections for not
more than four (4) years, or by a fine not exceeding Five Thousand
Dollars ($5,000.00), or by both such fine imprisonment and
imprisonment fine. The provisions of Section 51.1 of this title
shall apply to any second or subsequent offense.
D. 1. Any person who, with intent to do bodily harm and
without justifiable or excusable cause, commits any assault,
battery, or assault and battery upon an intimate partner or a family
or household member as defined by Section 60.1 of Title 22 of the
Oklahoma Statutes with any sharp or dangerous weapon, upon
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conviction, is guilty of domestic assault or domestic assault and
battery with a dangerous weapon which shall be a Class B3 felony
offense punishable by imprisonment in the custody of the Department
of Corrections not exceeding for not more than ten (10) years, or by
imprisonment in a county jail not exceeding for not more than one
(1) year. The provisions of Section 51.1 of this title shall apply
to any second or subsequent conviction for a violation of this
paragraph.
2. Any person who, without such cause, shoots an intimate
partner or a family or household member as defined by Section 60.1
of Title 22 of the Oklahoma Statutes by means of any deadly weapon
that is likely to produce death shall, upon conviction, be guilty of
domestic assault and battery with a deadly weapon which shall be a
Class A3 felony offense punishable by imprisonment in the custody of
the Department of Corrections not exceeding life. The provisions of
Section 51.1 of this title shall apply to any second or subsequent
conviction for a violation of this paragraph.
E. 1. Any person convicted of domestic abuse committed against
a pregnant woman with knowledge of the pregnancy shall be guilty of
a Class B5 felony offense punishable by imprisonment in the custody
of the Department of Corrections for not more than five (5) years.
2. Any person convicted of a second or subsequent offense of
domestic abuse against a pregnant woman with knowledge of the
pregnancy shall be guilty of a Class A3 felony offense punishable by
imprisonment in the custody of the Department of Corrections for not
less than ten (10) years.
3. Any person convicted of domestic abuse committed against a
pregnant woman with knowledge of the pregnancy and a miscarriage
occurs or injury to the unborn child occurs shall be guilty of a
Class A1 felony offense punishable by imprisonment in the custody of
the Department of Corrections for not less than twenty (20) years.
F. Any person convicted of domestic abuse as defined provided
for in subsection C of this section that results in great bodily
injury to the victim shall be guilty of a Class B3 felony offense
and punished punishable by imprisonment in the custody of the
Department of Corrections for not more than ten (10) years, or by
imprisonment in the county jail for not more than one (1) year. The
ENR. S. B. NO. 1238 Page 8
provisions of Section 51.1 of this title shall apply to any second
or subsequent conviction of a violation of this subsection.
G. Any person convicted of domestic abuse as defined provided
for in subsection C of this section that was committed in the
presence of a child shall be punished by imprisonment in the county
jail for not less than six (6) months nor more than one (1) year, or
by a fine not exceeding Five Thousand Dollars ($5,000.00), or by
both such fine and imprisonment. Any person convicted of a second
or subsequent domestic abuse as defined in subsection C of this
section that was committed in the presence of a child shall, upon
conviction, be guilty of a Class B5 felony offense and shall be
punished punishable by imprisonment in the custody of the Department
of Corrections for not less than one (1) year nor more than five (5)
years, or by a fine not exceeding Seven Thousand Dollars
($7,000.00), or by both such fine imprisonment and imprisonment
fine. The provisions of Section 51.1 of this title shall apply to
any second or subsequent offense. For every conviction of a
domestic abuse crime in violation of any provision of this section
committed against an intimate partner or a family or household
member as defined by Section 60.1 of Title 22 of the Oklahoma
Statutes, the court shall:
1. Specifically order as a condition of a suspended or deferred
sentence that a defendant participate in counseling or undergo
treatment to bring about the cessation of domestic abuse as
specified in paragraph 2 of this subsection;
2. a. The court shall require the defendant to complete an
assessment and follow the recommendations of a
batterers’ batterers intervention program certified by
the Attorney General. If the defendant is ordered to
participate in a batterers’ batterers intervention
program, the order shall require the defendant to
attend the program for a minimum of fifty-two (52)
weeks, complete the program, and be evaluated before
and after attendance of the program by program staff.
Three unexcused absences in succession or seven
unexcused absences in a period of fifty-two (52) weeks
from any court-ordered batterers’ batterers
intervention program shall be prima facie evidence of
the violation of the conditions of probation for the
ENR. S. B. NO. 1238 Page 9
district attorney to seek acceleration or revocation
of any probation entered by the court.
b. A program for anger management, couples counseling, or
family and marital counseling shall not solely qualify
for the counseling or treatment requirement for
domestic abuse pursuant to this subsection. The
counseling may be ordered in addition to counseling
specifically for the treatment of domestic abuse or
per evaluation as set forth below. If, after
sufficient evaluation and attendance at required
counseling sessions, the domestic violence treatment
program or licensed professional determines that the
defendant does not evaluate as a perpetrator of
domestic violence or does evaluate as a perpetrator of
domestic violence and should complete other programs
of treatment simultaneously or prior to domestic
violence treatment, including but not limited to
programs related to the mental health, apparent
substance or alcohol abuse or inability or refusal to
manage anger, the defendant shall be ordered to
complete the counseling as per the recommendations of
the domestic violence treatment program or licensed
professional;
3. a. The court shall set a review hearing no more than one
hundred twenty (120) days after the defendant is
ordered to participate in a domestic abuse counseling
program or undergo treatment for domestic abuse to
assure the attendance and compliance of the defendant
with the provisions of this subsection and the
domestic abuse counseling or treatment requirements.
The court may suspend sentencing of the defendant
until the defendant has presented proof to the court
of enrollment in a program of treatment for domestic
abuse by an individual licensed practitioner or a
domestic abuse treatment program certified by the
Attorney General and attendance at weekly sessions of
such program. Such proof shall be presented to the
court by the defendant no later than one hundred
twenty (120) days after the defendant is ordered to
such counseling or treatment. At such time, the court
ENR. S. B. NO. 1238 Page 10
may complete sentencing, beginning the period of the
sentence from the date that proof of enrollment is
presented to the court, and schedule reviews as
required by subparagraphs a this subparagraph and
subparagraph b of this paragraph and paragraphs 4 and
5 of this subsection. Three unexcused absences in
succession or seven unexcused absences in a period of
fifty-two (52) weeks from any court-ordered domestic
abuse counseling or treatment program shall be prima
facie evidence of the violation of the conditions of
probation for the district attorney to seek
acceleration or revocation of any probation entered by
the court.
b. The court shall set a second review hearing after the
completion of the counseling or treatment to assure
the attendance and compliance of the defendant with
the provisions of this subsection and the domestic
abuse counseling or treatment requirements. The court
shall retain continuing jurisdiction over the
defendant during the course of ordered counseling
through the final review hearing;
4. The court may set subsequent or other review hearings as the
court determines necessary to assure the defendant attends and fully
complies with the provisions of this subsection and the domestic
abuse counseling or treatment requirements;
5. At any review hearing, if the defendant is not
satisfactorily attending individual counseling or a domestic abuse
counseling or treatment program or is not in compliance with any
domestic abuse counseling or treatment requirements, the court may
order the defendant to further or continue counseling, treatment, or
other necessary services. The court may revoke all or any part of a
suspended sentence, deferred sentence, or probation pursuant to
Section 991b of Title 22 of the Oklahoma Statutes and subject the
defendant to any or all remaining portions of the original sentence;
6. At the first review hearing, the court shall require the
defendant to appear in court. Thereafter, for any subsequent review
hearings, the court may accept a report on the progress of the
defendant from individual counseling, domestic abuse counseling, or
ENR. S. B. NO. 1238 Page 11
the treatment program. There shall be no requirement for the victim
to attend review hearings; and
7. If funding is available, a referee may be appointed and
assigned by the presiding judge of the district court to hear
designated cases set for review under this subsection. Reasonable
compensation for the referees shall be fixed by the presiding judge.
The referee shall meet the requirements and perform all duties in
the same manner and procedure as set forth in Sections 1-8-103 and
2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
appointed in juvenile proceedings.
The defendant may be required to pay all or part of the cost of
the counseling or treatment, in the discretion of the court.
H. As used in subsection G of this section, “in the presence of
a child” means in the physical presence of a child; or having
knowledge that a child is present and may see or hear an act of
domestic violence. For the purposes of subsections C and subsection
G of this section, “child” may be any child whether or not related
to the victim or the defendant.
I. For the purposes of subsections subsection C and G of this
section, any conviction for assault and battery against an intimate
partner or a family or household member as defined by Section 60.1
of Title 22 of the Oklahoma Statutes shall constitute a sufficient
basis for a felony charge:
1. If that conviction is rendered in any state, county, or
parish court of record of this or any other state; or
2. If that conviction is rendered in any municipal court of
record of this or any other state for which any jail time was
served; provided, no conviction in a municipal court of record
entered prior to November 1, 1997, shall constitute a prior
conviction for purposes of a felony charge.
J. Any person who commits any assault and battery by
strangulation or attempted strangulation against an intimate partner
or a family or household member as defined by Section 60.1 of Title
22 of the Oklahoma Statutes shall, upon conviction, be guilty of a
Class B5 felony offense of domestic abuse by strangulation and shall
ENR. S. B. NO. 1238 Page 12
be punished punishable by imprisonment in the custody of the
Department of Corrections for a period not less than one (1) year
nor more than ten (10) years, or by a fine not more than Twenty
Thousand Dollars ($20,000.00), or by both such fine imprisonment and
imprisonment fine. The provisions of Section 51.1 of this title
shall apply to any second or subsequent conviction of a violation of
this subsection. As used in this subsection, “strangulation” means
any form of asphyxia;, including, but not limited to, asphyxia
characterized by closure of the blood vessels or air passages of the
neck as a result of external pressure on the neck or the closure of
the nostrils or mouth as a result of external pressure on the head.
K. Any district court of this state and any judge thereof shall
be immune from any liability or prosecution for issuing an order
that requires a defendant to:
1. Attend a treatment program for domestic abusers certified by
the Attorney General;
2. Attend counseling or treatment services ordered as part of
any suspended or deferred sentence or probation; and
3. Attend, complete, and be evaluated before and after
attendance by a treatment program for domestic abusers, certified by
the Attorney General.
L. There shall be no charge of fees or costs to any victim of
domestic violence, stalking, or sexual assault in connection with
the prosecution of a domestic violence, stalking, or sexual assault
offense in this state.
M. In the course of prosecuting any charge of domestic abuse,
stalking, harassment, rape, or violation of a protective order, the
prosecutor shall provide the court, prior to sentencing or any plea
agreement, a local history and any other available history of past
convictions of the defendant within the last ten (10) years relating
to domestic abuse, stalking, harassment, rape, violation of a
protective order, or any other violent misdemeanor or felony
convictions.
N. Any plea of guilty or finding of guilt for a violation of
subsection C, F, G, I, or J of this section shall constitute a
ENR. S. B. NO. 1238 Page 13
conviction of the offense for the purpose of this act section or any
other criminal statute under which the existence of a prior
conviction is relevant for a period of ten (10) years following the
completion of any court imposed court-imposed probationary term;
provided, the person has not, in the meantime, been convicted of a
misdemeanor involving moral turpitude or a felony.
O. For purposes of subsection F of this section, “great bodily
injury” means bone fracture, protracted and obvious disfigurement,
protracted loss or impairment of the function of a body part, organ,
or mental faculty, or substantial risk of death.
P. Any pleas of guilty or nolo contendere or finding of guilt
to a violation of any provision of this section shall constitute a
conviction of the offense for the purpose of any subsection of this
section under which the existence of a prior conviction is relevant
for a period of ten (10) years following the completion of any
sentence or court imposed court-imposed probationary term.
SECTION 3. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1238 Page 14
Passed the Senate the 9th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
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: _________________________________