Sentencing in Oklahoma 9th Edition

A sentencing resource for attorneys and judges

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    Chapter 19. Stalking, harassment, and protective orders

    19.1 obscene or threatening telecommunication or electronic communication1

    1. 1st, or unenhanced, offense (a misdemeanor)2
      1. ≤ 1 year in jail 
      2. or ≤ $ 500 fine
      3. or both fine and imprisonment
    2. Second offense
    3. OSMA24 Class D1, 21 O.S.Supp.2024 § 20N
      1. ≤ 2 years imprisonment
      2. or ≤ $1,000 fine
      3. or both fine and imprisonment
    4. Second offense, after 1 prior felony conviction3
      1. ≤ 10 years imprisonment
      2. ≤ $1,000 fine
    5. Second offense, after 2 or more prior felony convictions4
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $1,000 fine

    19.2 stalking

    1. 1st, or unenhanced, offense5
      1. ≤ 3 years imprisonment
      2. or ≤ $5,000 fine
      3. or both fine and imprisonment
    2. Second offense of stalking6
    3. OSMA24 Class B5, 21 O.S.Supp.2024 § 20J
      1. ≤ 6 years imprisonment
      2. or ≤ $10,000 fine
    4. Third or subsequent offense of stalking7
      1. ≤ 12 imprisonment
      2. ≤ $15,000.00
      3. or both such fine and imprisonment
    5. “Aggravated” stalking8
      1. Stalking in violation of restraining or protective order
      2. Stalking in violation of condition of probation or parole
      3. Stalking within 10 years of completion of sentence for violent crime against victim
        1. ≤ 15 years
        2. or ≤ $20,000.00
        3. or both fine and imprisonment
    6. Recidivist stalking9
    7. OSMA24 Class B4, 21 O.S.Supp.2024 § 20I
      1. Stalking within 10 years of prior conviction for stalking
      2. Stalking after prior conviction, and after being served with no contact order
        1. ≤ 20 years
        2. ≤ $25,000.00
        3. or both fine and imprisonment
      3. Stalking within 10 years of the completion of execution of sentence for a prior conviction of recidivist stalking
      4. OSMA24 Class B5, 21 O.S.Supp.2024 § 20J
        1. ≤ 25 years
        2. or by a fine ≤ $30,000.00
        3. or by both such fine and imprisonment

    19.3 violation of protective order

    1. 1st, or unenhanced, offense (a misdemeanor)10
      1. ≤ 1 year in jail 
      2. or ≤$1,000 fine
      3. or both fine and imprisonment
      4. mandatory counseling to bring about cessation of domestic abuse, stalking, or harassment of victim
    2. 1st offense with physical injury or impairment to protected person (misdemeanor)11
      1. minimum: 20 days in jail
      2. maximum: 1 year in jail 
      3. ≤ $5,000 fine
      4. mandatory counseling to bring about cessation of domestic abuse, stalking, or harassment of victim
      5. no suspended, deferred, or probation for minimum (i.e., 20 days), but court may suspend, defer, or probate remaining penalty
    3. Second offense, violation of protective order12
    4. OSMA24 Class D1, 21 O.S.Supp.2024 § 20N
      1. 1-3 years imprisonment (a felony)
      2. or $2,000-10,000 fine
      3. or both fine and imprisonment
      4. mandatory counseling to bring about cessation of domestic abuse, stalking, or harassment of victim13
      5. no suspended, deferred, or probation for minimum (i.e., 1 year), but court may suspend, defer, or probate remaining penalty
    5. Second offense, violation of protective order, with physical injury or impairment to person named in protective order14
    6. OSMA24 Class D1, 21 O.S.Supp.2024 § 20N
      1. 1-5 years imprisonment
      2. or $3,000-10,000 fine
      3. or both fine and imprisonment
      4. mandatory counseling to bring about cessation of domestic abuse, stalking, or harassment of victim
      5. no suspended, deferred, or probation for minimum (i.e., 1 year), but court may suspend, defer, or probate remaining penalty
    7. Second offense, violation of protective order (with or without physical injury or impairment), after 1 prior felony conviction15
      1. ≤10 years imprisonment
      2. $2,000-$10,000 fine
      3. mandatory counseling to bring about cessation of domestic abuse, stalking, or harassment of victim
      4. no suspended, deferred, or probation for minimum, but court may suspend, defer, or probate remaining penalty16
    8. Second offense, violation of protective order (with or without physical injury or impairment), after 2 or more prior felony convictions17
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. $2,000-$10,000 fine
      4. mandatory counseling to bring about cessation of domestic abuse, stalking, or harassment of victim
      5. no suspended, deferred, or probation for minimum (i.e., 4 years), but court may suspend, defer, or probate remaining penalty

    19.4 interfere with emergency phone call (a misdemeanor)18

    1. ≤ 1 year in jail
    2. ≤ $3,000 fine
    3. or both fine and imprisonment

    References

    1. “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. 21 O.S.2021, § 1172(B) ↩︎
    2. The statute specifies no penalty, so the penalties are the general misdemeanor and felony penalties in 21 O.S.2021, §§ 9-10. 21 O.S.2021, § 1172(B)(defining telecommunication and electronic communication) ↩︎
    3. 21 O.S.2021, § 51.1(A)(3) ↩︎
    4. 21 O.S.2021, § 51.1(C) ↩︎
    5. 21 O.S.Supp.2022, § 1173 ↩︎
    6. 21 O.S.Supp.2022, § 1173 ↩︎
    7. 21 O.S.Supp.2022, § 1173 ↩︎
    8. 21 O.S.Supp.2022, § 1173 ↩︎
    9. 21 O.S.Supp.2022, § 1173 ↩︎
    10. 22 O.S.2021, § 60.6(A)(1) ↩︎
    11. 22 O.S.2021, § 60.6(B)(1) ↩︎
    12. 22 O.S.2021, § 60.6(A)(2) ↩︎
    13. 22 O.S.2021, § 60.6(D). As a condition of suspended sentence or probation, counseling or treatment for domestic abuse is initially mandatory. After a “sufficient evaluation,” by a licensed professional certified by the Attorney General the court may order completion of additional counseling or treatment, mental health, substance abuse, anger management based the professional’s recommendations. If the defendant is ordered to participate in a domestic abuse counseling or treatment program, the order shall require attendance for a minimum of 52 weeks and evaluation before and after attendance by a program counselor. 22 O.S.2021, § 60.6(D)(1), (2)(a-c). The court must set a review hearing days ≤ 120 days after defendant is ordered to participate in counseling program or treatment to assure attendance and compliance. The court must also set a second review hearing and suspend sentencing until presented with proof of enrollment and attendance at weekly sessions ≤ 120 days after defendant is ordered to counseling or treatment. The court may set subsequent hearings as necessary to assure the defendant’s attendance and compliance. Failure to attend or comply with orders for counseling or treatment is grounds for revocation of a suspended sentence or acceleration of a deferred sentence. The court may also order defendant to use, at defendant’s own expense, a 24 hour GPS monitoring device as a condition of a sentence. 22 O.S.2021, § 60.6(D)(1-5), (I) ↩︎
    14. 22 O.S.2021, § 60.6(B)(2) ↩︎
    15. 21 O.S.2021, § 51.1(A)(3) ↩︎
    16. 21 O.S.2021, § 51.1(A)(3) ↩︎
    17. 21 O.S.2021, § 51.1(C) ↩︎
    18. 21 O.S.2021, § 1211 ↩︎