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Oklahoma
This page lists the most applicable state
crimes addressing stalking. However, depending on the facts of the case, a
stalker might also be charged with other crimes, such as trespassing,
intimidation of a witness, breaking and entering, etc. Check your state code
or consult with your local prosecutor about other charges that might apply in
a particular case.
Stalking
Related Offenses
Analyzing Stalking
Laws
Stalking
*See Legislative Updates for April - June
2010
21 Okl. St. § 1173. Stalking-Penalties. (2000)
- Any person who willfully,
maliciously, and repeatedly follows or harasses another person in a manner
that:
- 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
- Actually causes the person
being followed or harassed to feel terrorized, frightened, intimidated,
threatened, harassed, or molested,
upon conviction, shall be guilty
of the crime of stalking,
which is a misdemeanor punishable by imprisonment in a county jail for not
more than one (1) year or by a fine of not more than One Thousand Dollars ($
1,000.00), or by both such fine and imprisonment.
- 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;
or
2.
Said
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
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 of violence against the same party, or against any
member of the immediate family of such party,
upon conviction, shall be guilty
of a felony punishable by imprisonment in the State Penitentiary for a term
not exceeding five (5) years or by a fine of not more than Two Thousand Five
Hundred Dollars ($ 2,500.00), or by both such fine and
imprisonment.
- Any person who commits a
second act of stalking
within ten (10) years of the completion of sentence for a prior conviction
under subsection A of this section, upon conviction thereof, shall be guilty
of a felony punishable by imprisonment in the State Penitentiary for a term
not exceeding five (5) years, or by a fine of not more than Two Thousand
Five Hundred Dollars ($ 2,500.00), or by both such fine and
imprisonment.
- 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
thereof, be guilty of a felony punishable by a fine of not less than Two
Thousand Five Hundred Dollars ($ 2,500.00) nor more than Ten Thousand
Dollars ($ 10,000.00), or by imprisonment in the State Penitentiary for a
term not exceeding ten (10) years, or by both such fine and
imprisonment.
- 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.
- For purposes of this
section:
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;
2.
"Course of conduct" means a
pattern of conduct composed of a series of two (2) or more separate acts over
a period of time, however short, evidencing a continuity of purpose.
Constitutionally protected activity is not included within the meaning of
"course of 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:
1.
following or appearing within
the sight of that individual,
2.
approaching or confronting that
individual in a public place or on private property,
3.
appearing at the workplace or
residence of that individual,
4.
entering onto or remaining on
property owned, leased, or
occupied by that
individual,
5.
contacting that individual by
telephone,
6.
sending mail or electronic
communications to that individual, and
7.
placing an object on, or
delivering an object to, property
owned, leased, or occupied by that
individual; and
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.
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Related Offenses
21 Okl. St. § 1171. Peeping Tom--Use of photographic, electronic
or video equipment--Offenses and punishment-Definition.
(2008)
A.
Every
person who hides, waits or otherwise loiters in the vicinity of any private
dwelling house, apartment building, any other place of residence, or in the
vicinity of any locker room, dressing room, restroom or any other place where
a person has a right to a reasonable expectation of privacy, with the unlawful
and willful intent to watch, gaze, or look upon any person in a clandestine
manner, shall, upon conviction, be guilty of a misdemeanor. The violator shall
be punished by imprisonment in the county jail for a term of not more than one
(1) year, or by a fine not to exceed Five Thousand Dollars ($ 5,000.00), or by
both such fine and imprisonment.
B.
Every
person who uses photographic, electronic or video equipment in a clandestine
manner for any illegal, illegitimate, prurient, lewd or lascivious purpose
with the unlawful and willful intent to view, watch, gaze or look upon any
person without the knowledge and consent of such person when the person viewed
is in a place where there is a right to a reasonable expectation of privacy,
or who publishes or distributes any image obtained from such act, shall, upon
conviction, be guilty of a felony. The violator shall be punished by
imprisonment in the custody of the Department of Corrections for a term of not
more than five (5) years, or by a fine not exceeding Five Thousand Dollars ($
5,000.00), or by both such fine and imprisonment.
C.
Every
person who uses photographic, electronic or video equipment in a clandestine
manner for any illegal, illegitimate, prurient, lewd or lascivious purpose
with the unlawful and willful intent to view, watch, gaze or look upon any
person and capture an image of a private area of a person without the
knowledge and consent of such person and knowingly does so under circumstances
in which a reasonable person would believe that the private area of the person
would not be visible to the public, regardless of whether the person is in a
public or private place shall, upon conviction, be guilty of a misdemeanor.
The violator shall be punished by imprisonment in the county jail for a term
of not more than one (1) year, or by a fine not exceeding Five Thousand
Dollars ($ 5,000.00), or by both such fine and
imprisonment.
D.
As
used in this section, the phrase "private area of the person" means the naked
or undergarment-clad genitals, pubic area, buttocks, or any portion of the
areola of the female breast of that individual.
21 Okl. St. § 1172. Obscene, threatening or
harassing telecommunication or other electronic communications-Penalty.
(2005)
- It shall be unlawful for a
person who, by means of a telecommunication or other electronic
communication device, willfully either:
1.
Makes
any comment, request, suggestion, or proposal which is obscene, lewd,
lascivious, filthy, or indecent;
2.
Makes
a telecommunication or other electronic communication with intent to terrify,
intimidate or harass, or threaten to inflict injury or physical harm to any
person or property of that person;
3.
Makes
a telecommunication or other electronic communication, whether or not
conversation ensues, with intent to put the party called in fear of physical
harm or death;
4.
Makes
a telecommunication or other electronic communication, whether or not
conversation ensues, without disclosing the identity of the person making the
call or communication and with intent to annoy, abuse, threaten, or harass any
person at the called number;
5.
Knowingly permits any
telecommunication or other electronic communication under the control of the
person to be used for any purpose prohibited by this section;
and
6.
In
conspiracy or concerted action with other persons, makes repeated calls or
electronic communications or simultaneous calls or electronic communications
solely to harass any person at the called number(s).
- As used in this section,
"telecommunication" and "electronic communication" mean any type of
telephonic, electronic or radio communications, or transmission of signs,
signals, data, writings, images and sounds or intelligence of any nature by
telephone, including cellular telephones, wire, cable, radio,
electromagnetic, photoelectronic or photo-optical system or the creation,
display, management, storage, processing, transmission or distribution of
images, text, voice, video or data by wire, cable or wireless means,
including the Internet. The term includes:
- A communication initiated by
electronic mail, instant message, network call, or facsimile machine;
and
- A communication made to a
pager.
- Use of a telephone or other
electronic communications facility under this section shall include all use
made of such a facility between the points of origin and reception. Any
offense under this section is a continuing offense and shall be deemed to
have been committed at either the place of origin or the place of
reception.
- Except as provided in
subsection E of this section, any person who is convicted of the provisions
of subsection A of this section, shall be guilty of a
misdemeanor.
- Any person who is convicted of
a second offense under this section shall be guilty of a
felony.
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