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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1542 By: Seifried
AS INTRODUCED
An Act relating to crimes and punishments; amending
Section 11, Chapter 366, O.S.L. 2024 (21 O.S. Supp.
2025, Section 20K), which relates to Class B6
offenses; updating statutory references; adding
offense; amending 21 O.S. 2021, Section 1173, as last
amended by Section 1, Chapter 145, O.S.L. 2025 (21
O.S. Supp. 2025, Section 1173), which relates to
stalking; authorizing certain use of monitoring
device; conforming language; updating statutory
language; repealing 21 O.S. 2021, Section 1173, as
last amended by Section 118, Chapter 486, O.S.L. 2025
(21 O.S. Supp. 2025, Section 1173), which relates to
stalking; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 11, Chapter 366, O.S.L.
2024 (21 O.S. Supp. 2025, Section 20K), is amended to read as
follows:
Section 20K. A. Upon the effective date of this act On or
after January 1, 2026, Class B6 shall include the following criminal
offenses:
1. Striking, tormenting, mistreating, or administering a
nonpoisonous desensitizing substance to a police dog or police
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horse, as provided for in subsection A of Section 649.1 of Title 21
of the Oklahoma Statutes this title;
2. Interfering with the lawful performance of a police dog or
police horse, as provided for in subsection B of Section 649.1 of
Title 21 of the Oklahoma Statutes this title;
3. Harming, torturing, injuring, disabling, or otherwise
mistreating or killing a service animal during the commission of a
misdemeanor or felony offense, as provided for in subsection D of
Section 649.3 of Title 21 of the Oklahoma Statutes this title;
4. Assault, battery, or assault and battery upon a Department
of Corrections employee by a person in the custody of the Department
of Corrections, as provided for in subsection A of Section 650.2 of
Title 21 of the Oklahoma Statutes this title;
5. Assault, battery, or assault and battery upon an employee of
a private prison contractor by a person incarcerated in an
institution operated by a private prison contractor, as provided for
in subsection B of Section 650.2 of Title 21 of the Oklahoma
Statutes this title;
6. Aggravated assault and battery upon a Department of Human
Services employee or contractor, as provided for in subsection C of
Section 650.2 of Title 21 of the Oklahoma Statutes this title;
7. Assault, battery, or assault and battery upon an employee of
the Office of Juvenile Affairs by a person in the custody of the
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Office of Juvenile Affairs, as provided for in subsection D of
Section 650.2 of Title 21 of the Oklahoma Statutes this title;
8. Assault, battery, or assault and battery upon a medical care
provider, as provided for in Section 650.4 of Title 21 of the
Oklahoma Statutes this title;
9. Assault, battery, or assault and battery upon an officer of
the court, witness, or juror, as provided for in subsection B of
Section 650.6 of Title 21 of the Oklahoma Statutes this title;
10. Aggravated assault and battery upon a school employee, as
provided for in subsection C of Section 650.7 of Title 21 of the
Oklahoma Statutes this title;
11. Assault, battery, or assault and battery upon an employee
of a facility maintained by the Office of Juvenile Affairs, a
facility maintained by a private contractor, juvenile detention
center, or juvenile bureau, as provided for in Section 650.8 of
Title 21 of the Oklahoma Statutes this title;
12. Throwing, transferring, or placing any feces, urine, semen,
saliva, or blood upon an employee of the state, a county, or a city,
as provided for in Section 650.9 of Title 21 of the Oklahoma
Statutes this title;
13. Medical battery, as provided for in Section 650.11 of Title
21 of the Oklahoma Statutes this title; and
14. Child endangerment, as provided for in Section 852.1 of
Title 21 of the Oklahoma Statutes this title; and
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15. Stalking as provided for in subsection A of Section 1173 of
this title.
B. Any person convicted of a Class B6 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 1173, as
last amended by Section 1, Chapter 145, O.S.L. 2025 (21 O.S. Supp.
2025, Section 1173), is amended to read as follows:
Section 1173. A. Any person who willfully, maliciously, and
repeatedly follows or harasses another person in a manner that:
1. Would cause a reasonable person or a member of the immediate
family of that person, as defined in subsection F of this section,
to feel frightened, intimidated, threatened, harassed, or molested;
and
2. Actually causes the person being followed or harassed to
feel terrorized, frightened, intimidated, threatened, harassed, or
molested,
shall, upon conviction, be guilty of the crime of stalking, which is
a Class B6 felony offense punishable by imprisonment in the custody
of the Department of Corrections for a term not to exceed three (3)
years, or by a fine not to exceed Five Thousand Dollars ($5,000.00),
or by both such fine imprisonment and imprisonment fine. Any person
convicted of a second violation of the provisions of this subsection
shall be punished by imprisonment in the custody of the Department
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of Corrections for a term not to exceed six (6) years, or by a fine
not to exceed Ten Thousand Dollars ($10,000.00), or by both such
fine imprisonment and imprisonment fine. Any person convicted of a
third or subsequent violation of the provisions of this subsection
shall be punished by imprisonment in the custody of the Department
of Corrections for a term not to exceed twelve (12) years, or by a
fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both
such fine imprisonment and imprisonment fine.
B. Any person who violates the provisions of subsection A of
this section when:
1. There is a permanent or temporary restraining order, a
protective order, an emergency ex parte protective order, or an
injunction in effect prohibiting the behavior described in
subsection A of this section against the same party, when the person
violating the provisions of subsection A of this section has actual
notice of the issuance of such order or injunction;
2. Said Such person is on probation or parole, a condition of
which prohibits the behavior described in subsection A of this
section against the same party or under the conditions of a
community or alternative punishment; or
3. Said Such person, within ten (10) years preceding the
violation of subsection A of this section, completed the execution
of sentence for a conviction of a crime involving the use or threat
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of violence against the same party, or against any member of the
immediate family of such party,
shall, upon conviction, be guilty of a Class B5 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for a term not to exceed fifteen (15) years, or by a
fine not to exceed Twenty Thousand Dollars ($20,000.00), or by both
such fine imprisonment and imprisonment fine.
C. Any person who:
1. Commits a second act of stalking within ten (10) years of
the completion of sentence for a prior conviction of stalking; or
2. Has a prior conviction of stalking and, after being served
with a protective order that prohibits contact with an individual,
knowingly makes unconsented contact with the same individual,
shall, upon conviction, be guilty of a Class B5 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for a term not to exceed twenty (20) years, or by a fine
not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both
such fine imprisonment and imprisonment fine.
D. Any person who commits an act of stalking within ten (10)
years of the completion of execution of sentence for a prior
conviction under subsection B or C of this section shall, upon
conviction, be guilty of a Class B4 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term not to exceed twenty-five (25) years, or by a fine not to
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exceed Thirty Thousand Dollars ($30,000.00), or by both such fine
imprisonment and imprisonment fine.
E. Evidence that the defendant continued to engage in a course
of conduct involving repeated unconsented contact, as defined in
subsection F of this section, with the victim after having been
requested by the victim to discontinue the same or any other form of
unconsented contact, and to refrain from any further unconsented
contact with the victim, shall give rise to a rebuttable presumption
that the continuation of the course of conduct caused the victim to
feel terrorized, frightened, intimidated, threatened, harassed, or
molested.
F. For purposes of determining the crime of stalking, the
following definitions shall apply:
1. “Harasses” means a pattern or course of conduct directed
toward another individual that includes, but is not limited to,
repeated or continuing unconsented contact, that would cause a
reasonable person to suffer emotional distress, and that actually
causes emotional distress to the victim. Harassment shall include
harassing or obscene phone calls as prohibited by Section 1172 of
this title and conduct prohibited by Section 850 of this title.
Harassment does not include constitutionally protected activity or
conduct that serves a legitimate purpose;
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2. “Course of conduct” means a series of two or more separate
acts over a period of time, however short or long, evidencing a
continuity of purpose, including any of the following:
a. maintaining a visual or physical proximity to the
victim,
b. approaching or confronting the victim in a public
place or on private property,
c. appearing at the workplace of the victim or contacting
the employer or coworkers of the victim,
d. appearing at the home of the victim or contacting the
neighbors of the victim,
e. entering onto or remaining on property owned, leased,
or occupied by the victim,
f. contacting the victim by telephone, text message,
electronic message, electronic mail, or other means of
electronic communication or causing the telephone or
electronic device of the victim or the telephone or
electronic device of any other person to ring or
generate notifications repeatedly or continuously,
regardless of whether a conversation ensues,
g. photographing, videotaping, audiotaping, or, through
any other electronic means, monitoring or recording
the activities of the victim. This subparagraph
applies regardless of where the act occurs,
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h. sending to the victim any physical or electronic
material or contacting the victim by any means,
including any message, comment, or other content
posted on any Internet site or web application,
i. sending to a family member or member of the household
of the victim, or any current or former employer of
the victim, or any current or former coworker of the
victim, or any friend of the victim, any physical or
electronic material or contacting such person by any
means, including any message, comment, or other
content posted on any Internet site or web
application, for the purpose of obtaining information
about, disseminating information about, or
communicating with the victim,
j. placing an object on or delivering an object to
property owned, leased, or occupied by the victim,
k. delivering an object to a family member or member of
the household of the victim, or an employer, coworker,
or friend of the victim, or placing an object on, or
delivering an object to, property owned, leased, or
occupied by such a person with the intent that the
object be delivered to the victim, or
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l. causing a person to engage in any of the acts
described in subparagraphs a through k of this
paragraph.
Constitutionally protected activity is not included within the
meaning of “course course of conduct” conduct;
3. “Emotional distress” means significant mental suffering or
distress that may, but does not necessarily require, medical or
other professional treatment or counseling;
4. “Unconsented contact” means any contact with another
individual that is initiated or continued without the consent of the
individual, or in disregard of that individual’s expressed desire
that the contact be avoided or discontinued. Constitutionally
protected activity is not included within the meaning of unconsented
contact. Unconsented contact includes, but is not limited to, any
of the following:
a. following or appearing within the sight of that
individual,
b. approaching or confronting that individual in a public
place or on private property,
c. appearing at the workplace or residence of that
individual,
d. entering onto or remaining on property owned, leased,
or occupied by that individual,
e. contacting that individual by telephone,
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f. sending mail or electronic communications to that
individual, and
g. placing an object on, or delivering an object to,
property owned, leased, or occupied by that
individual;
5. “Member of the immediate family”, for the purposes of this
section, means any spouse, parent, child, person related within the
third degree of consanguinity or affinity, or any other person who
regularly resides in the household or who regularly resided in the
household within the prior six (6) months; and
6. a. “Following” shall include the tracking of the movement
or location of an individual through the use of a
Global Positioning System (GPS) device or other
monitoring device by a person, or person who acts on
behalf of another, without the consent of the
individual whose movement or location is being
tracked; provided, this shall not apply to the lawful
use of a GPS device or other monitoring device or to
the use by a new or used motor vehicle dealer or other
motor vehicle creditor of a GPS device or other
monitoring device, including a device containing
technology used to remotely disable the ignition of a
motor vehicle, in connection with lawful action after
default of the terms of a motor vehicle credit sale,
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loan or lease, and with the express written consent of
the owner or lessee of the motor vehicle.
b. Following shall not include the use of a GPS or other
monitoring device by an employer, whether public or
private, to track employer owned or leased vehicles.
G. 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 probationary term.
SECTION 3. REPEALER 21 O.S. 2021, Section 1173, as last
amended by Section 118, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2025, Section 1173), is hereby repealed.
SECTION 4. This act shall become effective November 1, 2026.
60-2-2510 CN 1/12/2026 4:23:25 PM