Sentencing in Oklahoma 9th Edition

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    Chapter 9. Assault and battery, domestic abuse

    9.1 assault1

    1. ≤ 30 days in jail
    2. or ≤ $500 fine
    3. or both fine and imprisonment2

    9.2 assault on a law or corrections officer3

    1. ≤ 6 months in jail
    2. or ≤ $500 fine
    3. or both fine and imprisonment4

    9.3 assault on a court officer, witness, or juror5

    1. ≤ 1 year in jail
    2. or ≤ $1,000 fine
    3. or both fine and imprisonment6

    9.4 interfering with EMT or medical provider in emergency7

    1. ≤ 6 months in jail
    2. or ≤ $500 fine
    3. or both fine and imprisonment

    9.5 touching assistive device of another8

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

    9.6 assault on sports official9

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

    9.7 assault with intent to commit a felony10

    OSMA24 Class B5, 21 O.S.Supp.2024 § 20J

    1. 1st, or unenhanced, offense
      1. imprisonment in DOC: ≤ 5 years
      2. or imprisonment in jail: ≤ 1 year
      3. or ≤ $500 fine
      4. or both fine and imprisonment
      5. if sentenced to imprisonment for ≥ 2 years and crime involved sexual assault, ≥ 3 years post-imprisonment supervision
    2. After 1 prior felony conviction11
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $500 fine
      4. if sentenced to imprisonment for ≥ 2 years and crime involved sexual assault, ≥ 3 years post-imprisonment supervision
    3. After 2 or more prior felony convictions12
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $500 fine
      4. if sentenced to imprisonment for ≥ 2 years and crime involved sexual assault, ≥ 3 years post-imprisonment supervision

    9.8 assault and battery13

    1. ≤ 90 days in jail
    2. or ≤ $1,000 fine
    3. or both fine and imprisonment14

    9.9 assault and battery with a dangerous weapon, shooting with intent to injure 15

    OSMA24 Class B4, 21 O.S.Supp.2024 § 20I

    1. 1st, or unenhanced, offense
      1. imprisonment in DOC: ≤ 10 years
      2. or imprisonment in jail: ≤ 1 year
      3. ≤ $10,000 fine16
    2. After 1 prior felony conviction17
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions18
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    9.10 assault and battery on law/corrections officer19 

    OSMA24 Class B5, 21 O.S.Supp.2024 § 20J 

    transfer of bodily fluids to government employee or contractor20 

    OSMA24 Class B6, 21 O.S.Supp.2024 § 20K

    1. 1st, or unenhanced, offense
      1. imprisonment in DOC: ≤ 5 years
      2. or imprisonment in jail: ≤ 1 year
      3. or ≤ $500 fine
      4. or both fine and imprisonment
    2. After 1 prior felony conviction21
      1. ≤10 years imprisonment
      2. ≤ $10,000 fine
    3. After 2 or more prior felony convictions22
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    9.11 assault and battery on a court officer, witness, or juror23 

    OSMA24 Class B6, 21 O.S.Supp.2024 § 20K

    1. 1st, or unenhanced, offense
      1. ≤ 5 years imprisonment
      2. or ≤ $5,000 fine
      3. or both fine and imprisonment
    2. After 1 prior felony conviction24
      1. ≤ 10 years imprisonment
      2. ≤ $10,000 fine
    3. After 2 or more prior felony convictions25
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    9.12 assault and/or battery on emergency medical provider26

    OSMA24 Class B6, 21 O.S.Supp.2024 § 20K

    1. 1st, or unenhanced, offense
      1. ≤ 2 years imprisonment
      2. or ≤ $1,000 fine
      3. or both fine and imprisonment
    2. After 1 prior felony conviction27
      1. ≤ 10 years imprisonment
      2. ≤ $10,000 fine
    3. After 2 or more prior felony convictions28
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    9.13 assault and battery on DOC, OJA, or private prison employee29

    OSMA24 Class B6, 21 O.S.Supp.2024 § 20K

    1. 1st, or unenhanced, offense
      1. imprisonment in DOC: ≤ 5 years
      2. or imprisonment in jail: ≤ 1 year
      3. ≤$500 fine
      4. or both fine and imprisonment
    2. After 1 prior felony conviction30
      • ≤ 10 years imprisonment
      • ≤ $10,000 fine
    3. After 2 or more prior felony convictions31
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    9.14 aggravated assault by person in custody on OJA employee (i.e., with bodily injury)32

    OSMA24 Class B6, 21 O.S.Supp.2024 § 20K

    1. 1st, or unenhanced, offense
      1. imprisonment in DOC: ≤ 5 years
      2. or imprisonment in jail: ≤ 1 year
      3. $500-5,000 fine33
      4. or both fine and imprisonment
    2. After 1 prior felony conviction34
      1. ≤ 10 years imprisonment
      2. ≤ $10,000 fine
    3. After 2 or more prior felony convictions35
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    9.15 assault and battery on school employee or student36

    OSMA24 Class B6, 21 O.S.Supp.2024 § 20K

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

    9.16 aggravated assault and battery37

    OSMA24 Class B5, 21 O.S.Supp.2024 § 20J

    1. 1st, or unenhanced, offense
      1. imprisonment in DOC: ≤ 5 years
      2. or imprisonment in jail: ≤ 1 year
      3. or ≤ $500 fine
      4. or both fine and imprisonment
    2. After 1 prior felony conviction38
      1. ≤10 years imprisonment
      2. ≤ $10,000 fine
    3. After 2 or more prior felony convictions39
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    9.17 aggravated assault and battery on an officer40

    OSMA24 Class A2, 21 O.S.Supp.2024 § 20D

    1. 1st, or unenhanced, offense
      1. ≤ life imprisonment
      2. ≤ $1,000 fine
      3. or both fine and imprisonment
    2. With maiming41
      1. 5 years to life imprisonment
      2. or ≤ $5,000 fine
      3. or both fine and imprisonment
    3. After 1 prior felony conviction42
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $5,000 fine (if maiming occurs)
    4. After 2 or more prior felony convictions43
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $5,000 fine (if maiming occurs)

    9.18 aggravated assault and battery, assault with a deadly weapon on EMT/provider44

    OSMA24 Class D2, 21 O.S.Supp.2024 § 20O

    1. 1st, or unenhanced, offense
      1. minimum: 2 years imprisonment
      2. maximum: 5 years imprisonment
      3. or ≤ $1,000 fine
      4. or both fine and imprisonment
    2. After 1 prior felony conviction45
      1. ≤ 10 years imprisonment
      2. ≤ $1,000 fine
    3. After 2 or more prior felony convictions46
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $1,000 fine

    9.19 aggravated assault and battery by detainee against DHS employee or contractor47

    OSMA24 Class B6, 21 O.S.Supp.2024 § 20K

    1. 1st, or unenhanced offense
      1. ≤ life imprisonment
      2. ≤ $1,000 fine
      3. or both fine and imprisonment
    2. With maiming48
      1. 5 years to life imprisonment
      2. or ≤ $5,000 fine
      3. or both fine and imprisonment
    3. After 1 prior felony conviction49
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    4. After 2 or more prior felony convictions50
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    9.20 aggravated assault and battery against school employee51

    OSMA24 Class B6, 21 O.S.Supp.2024 § 20K

    1. 1st, or unenhanced, offense
      1. ≤ 2 years imprisonmentor
      2. ≤ $5,000 fine
      3. or both fine and imprisonment
    2. After 1 prior felony conviction52
      1. ≤ 10 years imprisonment
      2. ≤ $10,000 fine
    3. After 2 or more prior felony convictions53
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    9.21 domestic abuse54

    1. ≤ 1 year in jail
    2. or ≤ $5,000 fine
    3. or both fine and imprisonment

    9.22 Domestic abuse, second or subsequent offense55

    OSMA24 Class B5, 21 O.S.Supp.2024 § 20J

    1. Unenhanced second offense
      1. ≤ 4 years imprisonment
      2. or ≤ $5,000 fine
      3. or both fine and imprisonment
    2. After 1 prior felony conviction56
      1. minimim:10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $5,000 fine≤ $5,000 fine
    3. After 2 or more prior felony convictions57
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $5,000 fine

    9.23 domestic abuse in presence of a child58

    OSMA24 Class B5, 21 O.S.Supp.2024 § 20J

    1. 1st offense
      1. 6 months to 1 year in jail
      2. or ≤ $5,000 fine
      3. or both fine and imprisonment
    2. Second offense (a felony)
      1. 1 to 5 years imprisonment
      2. or ≤ $7,000 fine
      3. or both fine and imprisonment
    3. Second offense, after 1 prior felony conviction59
      1. ≤ 10 years imprisonment
      2. ≤ $7,000 fine
    4. Second offense, after 2 or more prior felony convictions60
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $7,000 fine

    9.24 domestic abuse with prior pattern of abuse61

    OSMA24 Class B3, 21 O.S.Supp.2024 § 20H

    1. 1st, or unenhanced, offense
      1. ≤ 10 years imprisonment
      2. or ≤ $5,000 fine
      3. or both fine and imprisonment
    2. After 1 prior felony conviction62
      1. minimum: 2 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $5,000 fine
    3. After 2 or more prior felony convictions63
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $5,000 fine

    9.25 domestic abuse of a pregnant woman with knowledge of pregnancy64

    OSMA24 Class A3, 21 O.S.Supp.2024 § 20E

    1. 1st offense
      1. ≤ 1 year in jail
      2. ≤ $10,000 fine
    2. Second or subsequent offense65
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. Second or subsequent offense after 1 or more prior felony convictions66
      • minimum: 20 years imprisonment
      • maximum: life imprisonment
      • ≤ $10,000 fine

    9.26 domestic abuse of pregnant woman, resulting in miscarriage or injury to child67

    OSMA24 Class A1, 21 O.S.Supp.2024 § 20C

    1. 1st, or unenhanced, offense
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction
      1. minimum: 40 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions
      1. minimum: 60 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    9.27 domestic abuse with great bodily injury68

    OSMA24 Class B3, 21 O.S.Supp.2024 § 20H

    1. 1st, or unenhanced, offense
      1. imprisonment in DOC: ≤ 10 years
      2. or imprisonment in jail: ≤ 1 year
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction69
      1. minimum: 2 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions70
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    9.28 domestic abuse by strangulation71

    OSMA24 Class B5, 21 O.S.Supp.2024 § 20J

    1. 1st offense
      1. 1 to 10 years imprisonment
      2. ≤ $20,000 fine
      3. or both fine and imprisonment
    2. Domestic abuse by strangulation, after 1 prior felony conviction72
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $20,000 fine
    3. Domestic abuse by strangulation, after 2 or more prior felony convictions73
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $20,000
    4. Domestic abuse by strangulation, second or subsequent offense
      1. 3 to 10 years imprisonment
      2. ≤ $20,000 fine
      3. or both fine and imprisonment
    5. Second or subsequent offense, after 1 prior felony conviction
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $20,000 fine
    6. Second or subsequent offense, after 2 or more prior felony convictions
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $20,000 fine

    9.29 domestic assault, battery, or assault and battery with a dangerous weapon74

    OSMA24 Class B3, 21 O.S.Supp.2024 § 20H

    1. 1st, or unenhanced, offense
      1. imprisonment in DOC: ≤ 10 years
      2. or imprisonment in jail: ≤ 1 year
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    Comment

    Courts have broad powers to order counseling or treatment to end domestic abuse. Every suspended or deferred sentence requires offense-specific treatment in a certified program for at least 52 weeks, successful completion, and a follow-up evaluation. Absence at 3 successive sessions, or a total of 7 absences in 52 weeks, is prima facie evidence of a probation violation warranting acceleration or revocation of a deferred or suspended sentence. The court may require completion of additional counseling or treatment in mental health, substance abuse, or anger management if indicated by the program or counselor’s evaluation.

    The Court may suspend sentencing pending upon proof of defendant’s enrollment and attendance in an approved program of domestic abuse treatment or counseling, and must set a review hearing ≤ 120 days to ensure compliance with program requirements. The defendant must personally appear at the initial review hearing. The court may set additional review hearings to determine the defendant’s compliance with the program of counseling or treatment. Failure to participate in court-ordered counseling is grounds for acceleration or revocation of the deferred or suspended sentence. The defendant may be required to pay counseling or treatment costs as a condition of the sentence.

    References

    1. A willful and unlawful attempt or offer with force or violence to do a corporal hurt to another. 21 O.S.2021, § 641 ↩︎
    2. 21 O.S.Supp.2023, § 644(A) ↩︎
    3. 21 O.S.2021, § 649(A). A police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer employed or duly appointed by any state governmental agency to enforce state laws while said officer is in the performance of his duties. ↩︎
    4. 21 O.S.2021, § 649(A) ↩︎
    5. Includes any officer of a district or appellate court, or the Workers’ Compensation Court, including judges, bailiffs, court reporters, court clerks or deputy court clerks, witnesses, or jurors, because of said person’s service in such capacity or within 6 months of service in such capacity. ↩︎
    6. 21 O.S.2021, § 650.6(A) ↩︎
    7. 21 O.S.2021, § 650.3 ↩︎
    8. Any device that enables a person with a disability to communicate, see, hear, or maneuver. 21 O.S.2021, § 650.10 ↩︎
    9. 21 O.S.2021, § 650.1 ↩︎
    10. 21 O.S.2021, § 681; 22 O.S.Supp.2025, § 991a(A)(1)(f) ↩︎
    11. 21 O.S.2021, § 51.1(A)(1); 57 O.S.Supp.2025, § 571(2) ↩︎
    12. 21 O.S.2021, § 51.1(B) ↩︎
    13. A willful and unlawful use of force or violence upon the person of another. 21 O.S.2021, § 642 ↩︎
    14. 21 O.S.Supp.2025, § 644 ↩︎
    15. 21 O.S.2021, § 645 ↩︎
    16. The law prescribes no specific fine for many crimes. The court or jury may impose ≤ $10,000 fine in addition to imprisonment under the general felony fine statute. 21 O.S.2021, § 64(B). All uses of the ≤ $10,000 fine in this work are derived from § 64(B) unless noted. ↩︎
    17. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    18. 21 O.S.2021, § 51.1(B) ↩︎
    19. 21 O.S.2021, § 649(B). “Police officer,” “police” or “peace officer” means any duly appointed person charged with the responsibility of maintaining public order, safety, and health by the enforcement of all laws, ordinances or orders of this state or any of its political subdivisions and who is authorized to bear arms in execution of his responsibilities, including reserve force deputies, reserve municipal police officers, and tribal law enforcement officers who are commissioned pursuant to a cross-deputization agreement authorized by 74 O.S.2021, § 1221. Section 649(B) includes assault and battery on a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer employed or appointed by any state agency to enforce state laws while in the performance of official duty. ↩︎
    20. This crime is defined as felony in 21 O.S.2021, § 650.9, but the section gives no specific penalty. As the essence of the crime is an assault and/or battery using noxious material (feces, urine, semen, saliva or blood) on corrections or detention personnel, the penalty is derived from assault and battery on a law enforcement or corrections officer, which is the punishment provided at § 649(B). ↩︎
    21. 21 O.S.2021, § 51.1(A)(3) ↩︎
    22. 21 O.S.2021, § 51.1(C) ↩︎
    23. 21 O.S.2021, § 650.6(B) ↩︎
    24. 21 O.S.2021, § 51.1(A)(3)  ↩︎
    25. 21 O.S.2021, § 51.1(C) ↩︎
    26. Emergency medical care providers are doctors, residents, interns, nurses, nurses’ aides, ambulance attendants and operators, paramedics, emergency medical technicians, laboratory technicians, radiologic technologists, physical therapists, physician assistants, chaplains, volunteers, pharmacists, nursing students, medical students and members of a hospital security force. 21 O.S.2021, § 650.4(B). ↩︎
    27. 21 O.S.2021, § 51.1(A)(3)  ↩︎
    28. 21 O.S.2021, § 51.1(C) ↩︎
    29. 21 O.S.2021, § 650.2(A, B, and D) define offenses of assault and/or battery by persons in custody against DOC, OJA, DHS, and private prison employees and/or contractors, but provides no specific punishment. The punishment given is derived from assault and battery against law and correctional officers under § 649(B), as §§ 649(B) and (C) refer to “corrections personnel,” and cross-reference § 650, punishing aggravated assaults against officers. Assaults against other law officers which are misdemeanors under § 649(A), become felonies when committed by persons in custody against these state or contract employees under 650.2. This approach gives a uniform penalty for assault against state employees by persons in custody. ↩︎
    30. 21 O.S.2021, § 51.1(A)(3) ↩︎
    31. 21 O.S.2021, § 51.1(C)  ↩︎
    32. 21 O.S.2021, § 650.2(E) adds the element of “bodily injury”—though not the “great bodily injury” typically required for aggravated assault. Despite the added element of bodily injury, which surely justifies the seemingly mandatory fine, the prison term derived here is the same as for other felony assault and battery against correctional officers under § 649(B). An arguable alternative approach would treat the element of bodily injury as defining an aggravated assault and battery on an officer punishable by ≤ life under 21 O.S.2021, § 650(A), with a five year minimum for maiming, and the enhanced 10- and 20-year to life ranges for aggravated assault and battery against officers under 57 O.S.2021, § 571(2). The criticism would be the distinction between “bodily injury” and “great bodily injury” in most aggravated assault and battery, so that this sterner approach violates the rule of lenity. ↩︎
    33. The fine range is provided by 21 O.S.2021, § 650.2(E). ↩︎
    34. 21 O.S.2021, § 51.1(A)(3) ↩︎
    35. 21 O.S.2021, § 51.1(C) ↩︎
    36. “School employee” means a teacher, principal, or any duly appointed person employed by a school system or firm contracting with a school system for any purpose, including personnel not directly related to the teaching process and school board members during school board meetings. 21 O.S.2021, § 650.7(A) and (B) (for penalty) ↩︎
    37. Assault and battery becomes aggravated when great bodily injury is inflicted, or when committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated, as defined in 21 O.S.2021, § 641. 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. 21 O.S.2021, § 646 and 647 (for penalty) ↩︎
    38. 21 O.S.2021, § 51.1(A)(3) ↩︎
    39. 21 O.S.2021, § 51.1(C)  ↩︎
    40. 21 O.S.2021, §§ 650(A). The definition of aggravated assault and battery on an officer includes physical contact with and in attempt to gain control of the officer’s weapon. 21 O.S.2021, § 650(C). Effective Nov. 1, 2025, strangulation of an officer is also an aggravated assault and battery. O.S.L.2025, Ch. 32, SB 369. ↩︎
    41. As defined in 21 O.S.2021, § 751. ↩︎
    42. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2)(aggravated assault and battery on any officer of the law is a violent offense) ↩︎
    43. 21 O.S.2021, § 51.1(B) ↩︎
    44. 21 O.S.2021, § 650.5.B. “Medical care provider” means doctors, residents, interns, nurses, nurses’ aides, ambulance attendants and operators, paramedics, emergency medical technicians, laboratory technicians, radiologic technologists, physical therapists, physician assistants, chaplains, volunteers, pharmacists, nursing students, medical students, members of a hospital security force, and any other employees or independent contractors working in or for a health care facility. ↩︎
    45. 21 O.S.2021, § 51.1(A)(3) ↩︎
    46. 21 O.S.2021, § 51.1(C), or 51.1(B) in the case of an assault with a deadly weapon, which is a violent offense under 57 O.S.2021, § 571(2). ↩︎
    47. 21 O.S.2021, § 650(A). 21 O.S.2021, § 650.2(C) prohibits aggravated assault and battery against a DHS employee or contractor but gives no specific penalty. The punishment here is derived from the penalty for aggravated assault and battery against law and corrections officers, including the enhanced penalty for maiming in §§ 650(A), (B). The general penalty for aggravated assault and battery would nullify increased protections for officers dealing with persons in custody. ↩︎
    48. 21 O.S.2021, § 650(B); 650.2(C) ↩︎
    49. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2)(aggravated assault and battery on any officer of the law is a violent offense) ↩︎
    50. 21 O.S.2021, § 51.1(B) ↩︎
    51. 21 O.S.2021, § 650.7(C) ↩︎
    52. 21 O.S.2021, § 51.1(A)(3) ↩︎
    53. 21 O.S.2021, § 51.1(C) ↩︎
    54. ”Domestic abuse” is assault and battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by § 60.1 of Title 22, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant. 21 O.S.Supp.2025, § 644(C) ↩︎
    55. According to § 644(I), a prior conviction for assault and battery on a domestic relation under the statute is sufficient to enhance a second offense to a felony charge if rendered in any state, county or parish court of record of this or any other state. Convictions rendered in any municipal court of record of this or any other state are sufficient if any jail time was served; but no conviction in a municipal court of record entered before November 1, 1997 constitutes a prior conviction. Subsections 644(N) and (P) treat any plea or finding of guilt as a prior conviction of domestic abuse under this or any other statute for 10 years after the completion of probation or other sentence, with an exception to this limitation if the defendant is, in the meantime, convicted of a misdemeanor involving moral turpitude or a felony. ↩︎
    56. SB 541, effective Nov. 1, 2025, makes a second or subsequent offense of domestic abuse (assault and battery) a violent felony under section 571 of Title 57, and provides for enhancement under section 51.1, resulting in a ten year minimum (after 1 prior felony) or twenty year minimum (after 2 or more). Because section 644 retains a four year maximum term for a second offense of domestic abuse, the statutes together may be best understood as providing section 51.1 enhancement for a second offense of domestic abuse after former conviction of one or more other felonies (which could include domestic abuse and other crimes). 21 O.S.Supp.2025, § 51.1(A); 57 O.S.Supp.2025, § 571(A)(2) ↩︎
    57. 21 O.S.Supp.2025, § 51.1(B) ↩︎
    58. 21 O.S.Supp.2025, § 644(G) ↩︎
    59. 21 O.S.Supp.2025, § 51.1(A)(3) ↩︎
    60. 21 O.S.Supp.2025, § 51.1(C) ↩︎
    61. 21 O.S.2021, § 644.1(B) reduced the required prior pattern from three to two (or more) separate incidents, including the current incident, on different days, and eliminated the former limitation of prior incidents to the previous 12 months. Each incident must be an assault and battery or domestic abuse committed by the defendant, shown by testimony of a third party or by other admissible direct evidence independent of the testimony of the victim. See § 641(A) for penalty. ↩︎
    62. 21 O.S.2021, § 51.1(A)(2) ↩︎
    63. 21 O.S.2021, § 51.1(C) ↩︎
    64. 21 O.S.Supp.2025, § 644(E) ↩︎
    65. 21 O.S.2021, § 51.1(A)(1) ↩︎
    66. SB 541, effective Nov. 1, 2025, makes this crime a violent felony under section 571 of Title 57 and provides for enhancement under section 51.1, resulting in minimums of ten and twenty years after 1, or 2 or more, felony convictions, respectively. ↩︎
    67. 21 O.S.Supp.2025, § 644(E). These enhancements are given in section 644 and are greater than those provided in section 51.1. ↩︎
    68. 441 21 O.S.Supp.2023, § 644(F) ↩︎
    69. 21 O.S.2021, § 51.1(A)(2)  ↩︎
    70. 21 O.S.2021, § 51.1(C) ↩︎
    71. 21 O.S.Supp.2025, § 644(J). SB 541, eff. Nov. 1, 2025, made domestic assault and battery (abuse) by strangulation a violent offense, increased the fine to ≤$20,000.00, and provided for enhancement under section 51.1, eliminating the former lesser punishments in favor of 10 or 20 years to life imprisonment after former convictions.  ↩︎
    72. 21 O.S.2021, § 51.1(A)(1) ↩︎
    73. 21 O.S.2021, § 51.1(B) ↩︎
    74. The Legislature also repealed this unnecessarily duplicative crime in SB 541, but continued to include the crime as a violent offense in section 571 of Title 57, likely as an oversight. ↩︎