Okla. Stat. tit. 21, § 21-1321.8
This is the official text of Okla. Stat. tit. 21, § 21-1321.8, part of Oklahoma’s Stat. tit. 21, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 21,." Browse the sections below, each linked to its official government source.
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Provisions applicable during state of emergency
Official statutory text
The following provisions shall apply during a state of
emergency.
A. A person is guilty of riot when he participates with two or
more persons in a course of disorderly conduct:
1. With intent to commit or facilitate the commission of a
felony or misdemeanor;
2. With intent to prevent or coerce official action; or
3. When the accused or any other participant to the knowledge
of the accused uses or plans to use a firearm or other deadly
weapon.
B. Any person upon any public way within the described area who
is directed by the authorities to leave the public way but refuses
to do so shall be guilty of a misdemeanor.
C. Any person who violates the provisions of this section,
except subsection B of this section, shall be guilty of a Class B4
felony offense, and upon conviction thereof shall be imprisoned for
not less than two (2) years nor more than ten (10) years.
D. Any person sixteen (16) years of age or over who violates
the provisions of this section shall be prosecuted as an adult.
E. A person is guilty of a Class B4 felony offense under this
section committed by another person when:
1. Acting with the state of mind that is sufficient for
commission of the offense, he causes an innocent or irresponsible
person to engage in conduct constituting the offense;
2. Intending to promote or facilitate the commission of the
offense he:
a. solicits, requests, commands, importunes, or otherwise
attempts to cause the other person to commit it,
b. aids, counsels, or agrees or attempts to aid the other
person in planning or committing it, or
c. having a legal duty to prevent the commission of the
offense, fails to make a proper effort to do so; or
3. The person's conduct is expressly declared by a statute of
this state to establish the person's complicity.
F. In any prosecution for an offense under this section in
which the criminal liability of the accused is based upon the
conduct of another person pursuant to this section, it is no defense
that:
1. The other person is not guilty of the offense in question
because of irresponsibility or other legal incapacity or exemption,
or because of unawareness of the criminal nature of the conduct in
Oklahoma Statutes - Title 21. Crimes and Punishments Page 668
question or of the accused's criminal purpose, or because of other
factors precluding the mental state required for the commission of
the offense; or
2. The other person has not been prosecuted for or convicted of
any offense based on the conduct in question, or has previously been
acquitted thereof, or has been convicted of a different offense or
in a different degree, or has legal immunity from prosecution for
the conduct in question.
G. “Disorderly conduct” as used in this section means a course
of conduct by a person who:
1. Causes public inconvenience, annoyance, or alarm, or
recklessly creates a risk thereof, by:
a. engaging in fighting or in violent, tumultuous, or
threatening behavior,
b. making an unreasonable noise or an offensively coarse
utterance, gesture, or display, or addressing abusive
language to any person present,
c. dispersing any lawful procession or meeting of
persons, not being a peace officer of this state and
without lawful authority, or
d. creating a hazardous or physically offensive condition
which serves no legitimate purpose; or
2. Engages with at least one other person in a course of
disorderly conduct as defined in paragraph 1 of this subsection
which is likely to cause substantial harm or serious inconvenience,
annoyance, or alarm, and refuses or knowingly fails to obey an order
to disperse, made by a peace officer to the participants.
emergency.
A. A person is guilty of riot when he participates with two or
more persons in a course of disorderly conduct:
1. With intent to commit or facilitate the commission of a
felony or misdemeanor;
2. With intent to prevent or coerce official action; or
3. When the accused or any other participant to the knowledge
of the accused uses or plans to use a firearm or other deadly
weapon.
B. Any person upon any public way within the described area who
is directed by the authorities to leave the public way but refuses
to do so shall be guilty of a misdemeanor.
C. Any person who violates the provisions of this section,
except subsection B of this section, shall be guilty of a Class B4
felony offense, and upon conviction thereof shall be imprisoned for
not less than two (2) years nor more than ten (10) years.
D. Any person sixteen (16) years of age or over who violates
the provisions of this section shall be prosecuted as an adult.
E. A person is guilty of a Class B4 felony offense under this
section committed by another person when:
1. Acting with the state of mind that is sufficient for
commission of the offense, he causes an innocent or irresponsible
person to engage in conduct constituting the offense;
2. Intending to promote or facilitate the commission of the
offense he:
a. solicits, requests, commands, importunes, or otherwise
attempts to cause the other person to commit it,
b. aids, counsels, or agrees or attempts to aid the other
person in planning or committing it, or
c. having a legal duty to prevent the commission of the
offense, fails to make a proper effort to do so; or
3. The person's conduct is expressly declared by a statute of
this state to establish the person's complicity.
F. In any prosecution for an offense under this section in
which the criminal liability of the accused is based upon the
conduct of another person pursuant to this section, it is no defense
that:
1. The other person is not guilty of the offense in question
because of irresponsibility or other legal incapacity or exemption,
or because of unawareness of the criminal nature of the conduct in
Oklahoma Statutes - Title 21. Crimes and Punishments Page 668
question or of the accused's criminal purpose, or because of other
factors precluding the mental state required for the commission of
the offense; or
2. The other person has not been prosecuted for or convicted of
any offense based on the conduct in question, or has previously been
acquitted thereof, or has been convicted of a different offense or
in a different degree, or has legal immunity from prosecution for
the conduct in question.
G. “Disorderly conduct” as used in this section means a course
of conduct by a person who:
1. Causes public inconvenience, annoyance, or alarm, or
recklessly creates a risk thereof, by:
a. engaging in fighting or in violent, tumultuous, or
threatening behavior,
b. making an unreasonable noise or an offensively coarse
utterance, gesture, or display, or addressing abusive
language to any person present,
c. dispersing any lawful procession or meeting of
persons, not being a peace officer of this state and
without lawful authority, or
d. creating a hazardous or physically offensive condition
which serves no legitimate purpose; or
2. Engages with at least one other person in a course of
disorderly conduct as defined in paragraph 1 of this subsection
which is likely to cause substantial harm or serious inconvenience,
annoyance, or alarm, and refuses or knowingly fails to obey an order
to disperse, made by a peace officer to the participants.
Status: in_force · Read it on the official government site
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