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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1542 By: Seifried
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6 AS INTRODUCED
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7 An Act relating to crimes and punishments; amending
7 Section 11, Chapter 366, O.S.L. 2024 (21 O.S. Supp.
8 2025, Section 20K), which relates to Class B6
8 offenses; updating statutory references; adding
9 offense; amending 21 O.S. 2021, Section 1173, as last
9 amended by Section 1, Chapter 145, O.S.L. 2025 (21
10 O.S. Supp. 2025, Section 1173), which relates to
10 stalking; authorizing certain use of monitoring
11 device; conforming language; updating statutory
11 language; repealing 21 O.S. 2021, Section 1173, as
12 last amended by Section 118, Chapter 486, O.S.L. 2025
12 (21 O.S. Supp. 2025, Section 1173), which relates to
13 stalking; and providing an effective date.
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14
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY Section 11, Chapter 366, O.S.L.
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17 2024 (21 O.S. Supp. 2025, Section 20K), is amended to read as
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18 follows:
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19 Section 20K. A. Upon the effective date of this act On or
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20 after January 1, 2026, Class B6 shall include the following criminal
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21 offenses:
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22 1. Striking, tormenting, mistreating, or administering a
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23 nonpoisonous desensitizing substance to a police dog or police
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1 horse, as provided for in subsection A of Section 649.1 of Title 21
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2 of the Oklahoma Statutes this title;
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3 2. Interfering with the lawful performance of a police dog or
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4 police horse, as provided for in subsection B of Section 649.1 of
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5 Title 21 of the Oklahoma Statutes this title;
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6 3. Harming, torturing, injuring, disabling, or otherwise
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7 mistreating or killing a service animal during the commission of a
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8 misdemeanor or felony offense, as provided for in subsection D of
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9 Section 649.3 of Title 21 of the Oklahoma Statutes this title;
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10 4. Assault, battery, or assault and battery upon a Department
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11 of Corrections employee by a person in the custody of the Department
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12 of Corrections, as provided for in subsection A of Section 650.2 of
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13 Title 21 of the Oklahoma Statutes this title;
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14 5. Assault, battery, or assault and battery upon an employee of
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15 a private prison contractor by a person incarcerated in an
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16 institution operated by a private prison contractor, as provided for
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17 in subsection B of Section 650.2 of Title 21 of the Oklahoma
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18 Statutes this title;
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19 6. Aggravated assault and battery upon a Department of Human
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20 Services employee or contractor, as provided for in subsection C of
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21 Section 650.2 of Title 21 of the Oklahoma Statutes this title;
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22 7. Assault, battery, or assault and battery upon an employee of
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23 the Office of Juvenile Affairs by a person in the custody of the
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1 Office of Juvenile Affairs, as provided for in subsection D of
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2 Section 650.2 of Title 21 of the Oklahoma Statutes this title;
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3 8. Assault, battery, or assault and battery upon a medical care
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4 provider, as provided for in Section 650.4 of Title 21 of the
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5 Oklahoma Statutes this title;
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6 9. Assault, battery, or assault and battery upon an officer of
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7 the court, witness, or juror, as provided for in subsection B of
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8 Section 650.6 of Title 21 of the Oklahoma Statutes this title;
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9 10. Aggravated assault and battery upon a school employee, as
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10 provided for in subsection C of Section 650.7 of Title 21 of the
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11 Oklahoma Statutes this title;
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12 11. Assault, battery, or assault and battery upon an employee
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13 of a facility maintained by the Office of Juvenile Affairs, a
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14 facility maintained by a private contractor, juvenile detention
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15 center, or juvenile bureau, as provided for in Section 650.8 of
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16 Title 21 of the Oklahoma Statutes this title;
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17 12. Throwing, transferring, or placing any feces, urine, semen,
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18 saliva, or blood upon an employee of the state, a county, or a city,
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19 as provided for in Section 650.9 of Title 21 of the Oklahoma
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20 Statutes this title;
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21 13. Medical battery, as provided for in Section 650.11 of Title
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22 21 of the Oklahoma Statutes this title; and
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23 14. Child endangerment, as provided for in Section 852.1 of
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24 Title 21 of the Oklahoma Statutes this title; and
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1 15. Stalking as provided for in subsection A of Section 1173 of
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2 this title.
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3 B. Any person convicted of a Class B6 criminal offense set
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4 forth in this section shall be punished in accordance with the
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5 corresponding penalties provided for in the Oklahoma Statutes.
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6 SECTION 2. AMENDATORY 21 O.S. 2021, Section 1173, as
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7 last amended by Section 1, Chapter 145, O.S.L. 2025 (21 O.S. Supp.
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8 2025, Section 1173), is amended to read as follows:
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9 Section 1173. A. Any person who willfully, maliciously, and
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10 repeatedly follows or harasses another person in a manner that:
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11 1. Would cause a reasonable person or a member of the immediate
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12 family of that person, as defined in subsection F of this section,
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13 to feel frightened, intimidated, threatened, harassed, or molested;
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14 and
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15 2. Actually causes the person being followed or harassed to
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16 feel terrorized, frightened, intimidated, threatened, harassed, or
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17 molested,
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18 shall, upon conviction, be guilty of the crime of stalking, which is
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19 a Class B6 felony offense punishable by imprisonment in the custody
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20 of the Department of Corrections for a term not to exceed three (3)
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21 years, or by a fine not to exceed Five Thousand Dollars ($5,000.00),
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22 or by both such fine imprisonment and imprisonment fine. Any person
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23 convicted of a second violation of the provisions of this subsection
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24 shall be punished by imprisonment in the custody of the Department
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1 of Corrections for a term not to exceed six (6) years, or by a fine
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2 not to exceed Ten Thousand Dollars ($10,000.00), or by both such
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3 fine imprisonment and imprisonment fine. Any person convicted of a
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4 third or subsequent violation of the provisions of this subsection
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5 shall be punished by imprisonment in the custody of the Department
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6 of Corrections for a term not to exceed twelve (12) years, or by a
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7 fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both
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8 such fine imprisonment and imprisonment fine.
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9 B. Any person who violates the provisions of subsection A of
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10 this section when:
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11 1. There is a permanent or temporary restraining order, a
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12 protective order, an emergency ex parte protective order, or an
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13 injunction in effect prohibiting the behavior described in
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14 subsection A of this section against the same party, when the person
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15 violating the provisions of subsection A of this section has actual
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16 notice of the issuance of such order or injunction;
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17 2. Said Such person is on probation or parole, a condition of
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18 which prohibits the behavior described in subsection A of this
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19 section against the same party or under the conditions of a
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20 community or alternative punishment; or
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21 3. Said Such person, within ten (10) years preceding the
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22 violation of subsection A of this section, completed the execution
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23 of sentence for a conviction of a crime involving the use or threat
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1 of violence against the same party, or against any member of the
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2 immediate family of such party,
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3 shall, upon conviction, be guilty of a Class B5 felony offense
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4 punishable by imprisonment in the custody of the Department of
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5 Corrections for a term not to exceed fifteen (15) years, or by a
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6 fine not to exceed Twenty Thousand Dollars ($20,000.00), or by both
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7 such fine imprisonment and imprisonment fine.
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8 C. Any person who:
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9 1. Commits a second act of stalking within ten (10) years of
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10 the completion of sentence for a prior conviction of stalking; or
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11 2. Has a prior conviction of stalking and, after being served
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12 with a protective order that prohibits contact with an individual,
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13 knowingly makes unconsented contact with the same individual,
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14 shall, upon conviction, be guilty of a Class B5 felony offense
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15 punishable by imprisonment in the custody of the Department of
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16 Corrections for a term not to exceed twenty (20) years, or by a fine
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17 not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both
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18 such fine imprisonment and imprisonment fine.
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19 D. Any person who commits an act of stalking within ten (10)
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20 years of the completion of execution of sentence for a prior
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21 conviction under subsection B or C of this section shall, upon
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22 conviction, be guilty of a Class B4 felony offense punishable by
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23 imprisonment in the custody of the Department of Corrections for a
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24 term not to exceed twenty-five (25) years, or by a fine not to
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1 exceed Thirty Thousand Dollars ($30,000.00), or by both such fine
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2 imprisonment and imprisonment fine.
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3 E. Evidence that the defendant continued to engage in a course
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4 of conduct involving repeated unconsented contact, as defined in
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5 subsection F of this section, with the victim after having been
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6 requested by the victim to discontinue the same or any other form of
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7 unconsented contact, and to refrain from any further unconsented
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8 contact with the victim, shall give rise to a rebuttable presumption
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9 that the continuation of the course of conduct caused the victim to
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10 feel terrorized, frightened, intimidated, threatened, harassed, or
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11 molested.
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12 F. For purposes of determining the crime of stalking, the
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13 following definitions shall apply:
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14 1. "Harasses" means a pattern or course of conduct directed
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15 toward another individual that includes, but is not limited to,
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16 repeated or continuing unconsented contact, that would cause a
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17 reasonable person to suffer emotional distress, and that actually
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18 causes emotional distress to the victim. Harassment shall include
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19 harassing or obscene phone calls as prohibited by Section 1172 of
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20 this title and conduct prohibited by Section 850 of this title.
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21 Harassment does not include constitutionally protected activity or
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22 conduct that serves a legitimate purpose;
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1 2. "Course of conduct" means a series of two or more separate
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2 acts over a period of time, however short or long, evidencing a
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3 continuity of purpose, including any of the following:
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4 a. maintaining a visual or physical proximity to the
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5 victim,
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6 b. approaching or confronting the victim in a public
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7 place or on private property,
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8 c. appearing at the workplace of the victim or contacting
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9 the employer or coworkers of the victim,
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10 d. appearing at the home of the victim or contacting the
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11 neighbors of the victim,
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12 e. entering onto or remaining on property owned, leased,
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13 or occupied by the victim,
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14 f. contacting the victim by telephone, text message,
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15 electronic message, electronic mail, or other means of
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16 electronic communication or causing the telephone or
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17 electronic device of the victim or the telephone or
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18 electronic device of any other person to ring or
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19 generate notifications repeatedly or continuously,
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20 regardless of whether a conversation ensues,
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21 g. photographing, videotaping, audiotaping, or, through
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22 any other electronic means, monitoring or recording
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23 the activities of the victim. This subparagraph
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24 applies regardless of where the act occurs,
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1 h. sending to the victim any physical or electronic
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2 material or contacting the victim by any means,
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3 including any message, comment, or other content
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4 posted on any Internet site or web application,
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5 i. sending to a family member or member of the household
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6 of the victim, or any current or former employer of
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7 the victim, or any current or former coworker of the
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8 victim, or any friend of the victim, any physical or
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9 electronic material or contacting such person by any
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10 means, including any message, comment, or other
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11 content posted on any Internet site or web
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12 application, for the purpose of obtaining information
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13 about, disseminating information about, or
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14 communicating with the victim,
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15 j. placing an object on or delivering an object to
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16 property owned, leased, or occupied by the victim,
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17 k. delivering an object to a family member or member of
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18 the household of the victim, or an employer, coworker,
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19 or friend of the victim, or placing an object on, or
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20 delivering an object to, property owned, leased, or
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21 occupied by such a person with the intent that the
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22 object be delivered to the victim, or
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1 l. causing a person to engage in any of the acts
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2 described in subparagraphs a through k of this
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3 paragraph.
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4 Constitutionally protected activity is not included within the
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5 meaning of "course course of conduct" conduct;
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6 3. "Emotional distress" means significant mental suffering or
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7 distress that may, but does not necessarily require, medical or
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8 other professional treatment or counseling;
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9 4. "Unconsented contact" means any contact with another
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10 individual that is initiated or continued without the consent of the
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11 individual, or in disregard of that individual's expressed desire
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12 that the contact be avoided or discontinued. Constitutionally
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13 protected activity is not included within the meaning of unconsented
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14 contact. Unconsented contact includes, but is not limited to, any
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15 of the following:
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16 a. following or appearing within the sight of that
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17 individual,
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18 b. approaching or confronting that individual in a public
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19 place or on private property,
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20 c. appearing at the workplace or residence of that
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21 individual,
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22 d. entering onto or remaining on property owned, leased,
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23 or occupied by that individual,
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24 e. contacting that individual by telephone,
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1 f. sending mail or electronic communications to that
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2 individual, and
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3 g. placing an object on, or delivering an object to,
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4 property owned, leased, or occupied by that
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5 individual;
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6 5. "Member of the immediate family", for the purposes of this
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7 section, means any spouse, parent, child, person related within the
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8 third degree of consanguinity or affinity, or any other person who
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9 regularly resides in the household or who regularly resided in the
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10 household within the prior six (6) months; and
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11 6. a. "Following" shall include the tracking of the movement
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12 or location of an individual through the use of a
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13 Global Positioning System (GPS) device or other
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14 monitoring device by a person, or person who acts on
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15 behalf of another, without the consent of the
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16 individual whose movement or location is being
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17 tracked; provided, this shall not apply to the lawful
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18 use of a GPS device or other monitoring device or to
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19 the use by a new or used motor vehicle dealer or other
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20 motor vehicle creditor of a GPS device or other
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21 monitoring device, including a device containing
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22 technology used to remotely disable the ignition of a
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23 motor vehicle, in connection with lawful action after
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24 default of the terms of a motor vehicle credit sale,
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1 loan or lease, and with the express written consent of
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2 the owner or lessee of the motor vehicle.
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3 b. Following shall not include the use of a GPS or other
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4 monitoring device by an employer, whether public or
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5 private, to track employer owned or leased vehicles.
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6 G. Any pleas of guilty or nolo contendere or finding of guilt
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7 to a violation of any provision of this section shall constitute a
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8 conviction of the offense for the purpose of any subsection of this
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9 section under which the existence of a prior conviction is relevant
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10 for a period of ten (10) years following the completion of any
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11 sentence or court imposed probationary term.
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12 SECTION 3. REPEALER 21 O.S. 2021, Section 1173, as last
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13 amended by Section 118, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
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14 2025, Section 1173), is hereby repealed.
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15 SECTION 4. This act shall become effective November 1, 2026.
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Req. No. 2510 Page 12Every fact on this page links to its source, starting with the official bill record.