Okla. Stat. tit. 21, § 21-1173v1

Oklahoma Statutes - Title 21. Crimes and Punishments Page 519

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,

shall, upon conviction, be guilty of the crime of stalking, which is

a felony punishable by imprisonment in the custody of the Department

of Corrections for a term not to exceed three (3) years, or by a

fine not to exceed Five Thousand Dollars ($5,000.00), or by both

such fine and imprisonment. Any person convicted of a second

violation of the provisions of this subsection shall be punished by

imprisonment in the custody of the Department of Corrections for a

term not to exceed six (6) years, or by a fine not to exceed Ten

Thousand Dollars ($10,000.00), or by both such fine and

imprisonment. Any person convicted of a third or subsequent

violation of the provisions of this subsection shall be punished by

imprisonment in the custody of the Department of Corrections for a

term not to exceed twelve (12) years, or by a fine not to exceed

Fifteen Thousand Dollars ($15,000.00), 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 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;

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,

shall, upon conviction, be guilty of a felony punishable by

imprisonment in the custody of the Department of Corrections for a

term not to exceed fifteen (15) years, or by a fine not to exceed

Twenty Thousand Dollars ($20,000.00), or by both such fine and

imprisonment.

C. Any person who:

Oklahoma Statutes - Title 21. Crimes and Punishments Page 520

1. Commits a second act of stalking within ten (10) years of

the completion of sentence for a prior conviction of stalking; or

2. Has a prior conviction of stalking and, after being served

with a protective order that prohibits contact with an individual,

knowingly makes unconsented contact with the same individual,

shall, upon conviction, be guilty of a felony punishable by

imprisonment in the custody of the Department of Corrections for a

term not to exceed twenty (20) years, or by a fine not to exceed

Twenty-five Thousand Dollars ($25,000.00), or by both such fine and

imprisonment.

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 subsection B or C of this section shall, upon

conviction, be guilty of a felony punishable by imprisonment in the

custody of the Department of Corrections for a term not to exceed

twenty-five (25) years, or by a fine not to exceed Thirty Thousand

Dollars ($30,000.00), or by both such fine and imprisonment.

E. Evidence that the defendant continued to engage in a course

of conduct involving repeated unconsented contact, as defined in
upon

conviction, be guilty of a felony punishable by imprisonment in the

custody of the Department of Corrections for a term not to exceed

twenty-five (25) years, or by a fine not to exceed Thirty Thousand

Dollars ($30,000.00), or by both such fine and imprisonment.

E. 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.

F. For purposes of determining the crime of stalking, the

following definitions shall apply:

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 series of two or more separate

acts over a period of time, however short or long, evidencing a

continuity of purpose, including any of the following:

a. maintaining a visual or physical proximity to the

victim,

b. approaching or confronting the victim in a public

place or on private property,

c. appearing at the workplace of the victim or contacting

the employer or coworkers of the victim,

Oklahoma Statutes - Title 21. Crimes and Punishments Page 521

d. appearing at the home of the victim or contacting the

neighbors of the victim,

e. entering onto or remaining on property owned, leased,

or occupied by the victim,

f. contacting the victim by telephone, text message,

electronic message, electronic mail, or other means of

electronic communication or causing the telephone or

electronic device of the victim or the telephone or

electronic device of any other person to ring or

generate notifications repeatedly or continuously,

regardless of whether a conversation ensues,

g. photographing, videotaping, audiotaping, or, through

any other electronic means, monitoring or recording

the activities of the victim. This subparagraph

applies regardless of where the act occurs,

h. sending to the victim any physical or electronic

material or contacting the victim by any means,

including any message, comment, or other content

posted on any Internet site or web application,

i. sending to a family member or member of the household

of the victim, or any current or former employer of

the victim, or any current or former coworker of the

victim, or any friend of the victim, any physical or

electronic material or contacting such person by any

means, including any message, comment, or other

content posted on any Internet site or web

application, for the purpose of obtaining information

about, disseminating information about, or

communicating with the victim,

j. placing an object on or delivering an object to

property owned, leased, or occupied by the victim,

k. delivering an object to a family member or member of

the household of the victim, or an employer, coworker,

or friend of the victim, or placing an object on, or

delivering an object to, property owned, leased, or

occupied by such a person with the intent that the

object be delivered to the victim, or

l. causing a person to engage in any of the acts

described in subparagraphs a through k of this

paragraph.
ject to a family member or member of

the household of the victim, or an employer, coworker,

or friend of the victim, or placing an object on, or

delivering an object to, property owned, leased, or

occupied by such a person with the intent that the

object be delivered to the victim, or

l. causing a person to engage in any of the acts

described in subparagraphs a through k of this

paragraph.

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

Oklahoma Statutes - Title 21. Crimes and Punishments Page 522

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:

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;

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; and

6. "Following" shall include the tracking of the movement or

location of an individual through the use of a Global Positioning

System (GPS) device or other monitoring device by a person, or

person who acts on behalf of another, without the consent of the

individual whose movement or location is being tracked; provided,

this shall not apply to the lawful use of a GPS device or other

monitoring device or to the use by a new or used motor vehicle

dealer or other motor vehicle creditor of a GPS device or other

monitoring device, including a device containing technology used to

remotely disable the ignition of a motor vehicle, in connection with

lawful action after default of the terms of a motor vehicle credit

sale, loan or lease, and with the express written consent of the

owner or lessee of the motor vehicle.

G. Any pleas of guilty or nolo contendere or finding of guilt

to a violation of any provision of this section shall constitute a

conviction of the offense for the purpose of any subsection of this

section under which the existence of a prior conviction is relevant

for a period of ten (10) years following the completion of any

sentence or court imposed probationary term.