Okla. Stat. tit. 21, § 21-1742.2
This is the official text of Okla. Stat. tit. 21, § 21-1742.2, 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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Unauthorized or fraudulent procurement, sale or receipt
Official statutory text
of telephone records.
A. Whoever:
1. Knowingly procures, attempts to procure, solicits, or
conspires with another to procure a telephone record of any resident
of this state without the authorization of the customer to whom the
record pertains or by fraudulent, deceptive, or false means;
2. Knowingly sells or attempts to sell a telephone record of
any resident of this state without the authorization of the customer
to whom the record pertains; or
3. Receives a telephone record of any resident of this state
knowing that the record has been obtained without the authorization
of the customer to whom the record pertains or by fraudulent,
deceptive, or false means,
shall be punished in accordance with the provisions of subsection B
of this section and shall be liable for restitution in accordance
with subsection C of this section.
B. An offense under subsection A of this section shall be
deemed a:
1. Class D1 felony offense punishable by imprisonment as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes if the violation of subsection A of this
section involves a single telephone record;
2. Class C2 felony offense punishable by imprisonment for not
more than ten (10) years if the violation of subsection A of this
section involves two to ten telephone records of a resident of this
state;
Oklahoma Statutes - Title 21. Crimes and Punishments Page 811
3. Class B3 felony offense punishable by imprisonment for not
more than twenty (20) years if the violation of subsection A of this
section involves more than ten telephone records of a resident of
this state; and
4. In all cases, forfeiture of any personal property used or
intended to be used to commit the offense.
C. A person found guilty of an offense under subsection A of
this section, in addition to any other punishment, shall be ordered
to make restitution for any financial loss sustained by the customer
or any other person who suffered financial loss as the direct result
of the offense.
D. In a prosecution brought pursuant to subsection A of this
section, the act of unauthorized or fraudulent procurement, sale, or
receipt of telephone records shall be considered to have been
committed in the county:
1. Where the customer whose telephone record is the subject of
the prosecution resided at the time of the offense; or
2. In which any part of the offense took place, regardless of
whether the defendant was ever actually present in the county.
E. A prosecution pursuant to subsection A of this section shall
not prevent prosecution pursuant to any other provision of law when
the conduct also constitutes a violation of some other provision of
law.
F. Subsection A of this section shall not apply to any person
acting pursuant to a valid court order, warrant, or subpoena.
G. Each violation of subsection A of this section shall be an
unlawful practice pursuant to the provisions of the Oklahoma
Consumer Protection Act.
A. Whoever:
1. Knowingly procures, attempts to procure, solicits, or
conspires with another to procure a telephone record of any resident
of this state without the authorization of the customer to whom the
record pertains or by fraudulent, deceptive, or false means;
2. Knowingly sells or attempts to sell a telephone record of
any resident of this state without the authorization of the customer
to whom the record pertains; or
3. Receives a telephone record of any resident of this state
knowing that the record has been obtained without the authorization
of the customer to whom the record pertains or by fraudulent,
deceptive, or false means,
shall be punished in accordance with the provisions of subsection B
of this section and shall be liable for restitution in accordance
with subsection C of this section.
B. An offense under subsection A of this section shall be
deemed a:
1. Class D1 felony offense punishable by imprisonment as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes if the violation of subsection A of this
section involves a single telephone record;
2. Class C2 felony offense punishable by imprisonment for not
more than ten (10) years if the violation of subsection A of this
section involves two to ten telephone records of a resident of this
state;
Oklahoma Statutes - Title 21. Crimes and Punishments Page 811
3. Class B3 felony offense punishable by imprisonment for not
more than twenty (20) years if the violation of subsection A of this
section involves more than ten telephone records of a resident of
this state; and
4. In all cases, forfeiture of any personal property used or
intended to be used to commit the offense.
C. A person found guilty of an offense under subsection A of
this section, in addition to any other punishment, shall be ordered
to make restitution for any financial loss sustained by the customer
or any other person who suffered financial loss as the direct result
of the offense.
D. In a prosecution brought pursuant to subsection A of this
section, the act of unauthorized or fraudulent procurement, sale, or
receipt of telephone records shall be considered to have been
committed in the county:
1. Where the customer whose telephone record is the subject of
the prosecution resided at the time of the offense; or
2. In which any part of the offense took place, regardless of
whether the defendant was ever actually present in the county.
E. A prosecution pursuant to subsection A of this section shall
not prevent prosecution pursuant to any other provision of law when
the conduct also constitutes a violation of some other provision of
law.
F. Subsection A of this section shall not apply to any person
acting pursuant to a valid court order, warrant, or subpoena.
G. Each violation of subsection A of this section shall be an
unlawful practice pursuant to the provisions of the Oklahoma
Consumer Protection Act.
Status: in_force · Read it on the official government site
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