OKLAHOMA
1173. Stalking--Penalties. 1999.
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, 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.
B. Any person who violates the provisions of subsection A of this section when:
1. There is a temporary restraining order, a protective order or emergency ex parte 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
3. Said person, within ten (10) years preceding the violation of subsection A of this section, completed the execution of sentence or conviction of a crime involving the use or threat of violence against the same party, or against a member of the immediate family of such party, upon conviction, shall be guilty of a felony. The fine for a violation of this subsection shall not be more than Two Thousand Five Hundred Dollars ($2,500.00).
C. Any person who commits a second act of stalking within ten (10) years of the completion of sentence for a prior conviction under subsection A of this section, upon conviction thereof, shall be guilty of a felony. The fine for a violation of this subsection shall not be more than Two Thousand Five Hundred Dollars ($ 2,500.00).
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 subsections B and C of this section, shall, upon conviction thereof, be guilty of a felony. The fine for a violation of this subsection shall not be less than Two Thousand Five Hundred Dollars ($ 2,500.00) nor more than Ten Thousand Dollars ($10,000.00).
E. Evidence that the defendant continued to engage in a course of conduct involving repeated un-consented contact with the victim after having been requested by the victim to discontinue the same or a different form of un-consented contact, and to refrain from any further un-consented 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 this section:
1. "Harasses" means conduct directed toward a person that includes, but is not limited to, repeated or continuing un-consented contact, that would cause a reasonable person to suffer emotional distress, and that actually causes emotional distress to the victim. 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. "Un-consented 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 un-consented contact. Un-consented 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,
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; and
5. "Member of the immediate family" 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.
Legislative Update: HB 2400, signed into law on April 17, 2002, establishes Oklahoma's Victim Protective e Order Task Force for the purpose of studying and preparing recommendations for improvements to the Protection from Domestic Abuse Act, particularly in relation to procedures for issuing protective orders. The Task Force shall issue its report on or before December 1, 2002. The bill also standardizes the form for all ex parte and final protective orders entered with the state effective July 1, 2002.
A separate bill, HB 2921, establishes an Address Confidentiality Program to protect persons attempting to escape from domestic violence, sexual assault, or stalking. Under the program such victims may apply to the Secretary of State to have a substitute address designated and may request that state and local agencies used the designated address in place of their actual addresses in order to keep their whereabouts confidential. Agencies that provide counseling and shelter to domestic violence, sexual assault, and stalking victims are directed to assist such victims in applying for certification in the program. Eligible applicants shall be certified a s program participants for a period of four years from the date of filing; however, a participant who obtains a name change loses certification as a program participant. The new law becomes effective on November 1, 2002.
