Okla. Stat. tit. 21, § 21-644v2

A. Assault shall be punishable by imprisonment in a county jail

not exceeding thirty (30) days, or by a fine of not more than Five

Hundred Dollars ($500.00), or by both such fine and imprisonment.

B. Assault and battery shall be punishable by imprisonment in a

county jail not exceeding ninety (90) days, or by a fine of not more

than One Thousand Dollars ($1,000.00), or by both such fine and

imprisonment.

C. Any person who commits any assault and battery against a

current or former intimate partner or a family or household member

as defined by Section 60.1 of Title 22 of the Oklahoma Statutes

shall be guilty of domestic abuse. Upon conviction, the defendant

shall be punished by imprisonment in the county jail for not more

than one (1) year, or by a fine not exceeding Five Thousand Dollars

($5,000.00), or by both such fine and imprisonment. Upon conviction

for a second or subsequent offense, the person shall be punished by

imprisonment in the custody of the Department of Corrections for not

more than four (4) years, or by a fine not exceeding Five Thousand

Dollars ($5,000.00), or by both such fine and imprisonment. The

provisions of Section 51.1 of this title shall apply to any second

or subsequent offense.

D. 1. Any person who, with intent to do bodily harm and

without justifiable or excusable cause, commits any assault,

battery, or assault and battery upon an intimate partner or a family

or household member as defined by Section 60.1 of Title 22 of the

Oklahoma Statutes with any sharp or dangerous weapon, upon

conviction, is guilty of domestic assault or domestic assault and

battery with a dangerous weapon which shall be a felony and

punishable by imprisonment in the custody of the Department of

Corrections not exceeding ten (10) years, or by imprisonment in a

county jail not exceeding one (1) year. The provisions of Section

51.1 of this title shall apply to any second or subsequent

conviction for a violation of this paragraph.

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2. Any person who, without such cause, shoots an intimate

partner or a family or household member as defined by Section 60.1

of Title 22 of the Oklahoma Statutes by means of any deadly weapon

that is likely to produce death shall, upon conviction, be guilty of

domestic assault and battery with a deadly weapon which shall be a

felony punishable by imprisonment in the custody of the Department

of Corrections not exceeding life. The provisions of Section 51.1

of this title shall apply to any second or subsequent conviction for

a violation of this paragraph.

E. 1. Any person convicted of domestic abuse committed against

a pregnant woman with knowledge of the pregnancy shall be guilty of

a felony, punishable by imprisonment in the custody of the

Department of Corrections for not more than five (5) years.

2. Any person convicted of a second or subsequent offense of

domestic abuse against a pregnant woman with knowledge of the

pregnancy shall be guilty of a felony, punishable by imprisonment in

the custody of the Department of Corrections for not less than ten
all be guilty of

a felony, punishable by imprisonment in the custody of the

Department of Corrections for not more than five (5) years.

2. Any person convicted of a second or subsequent offense of

domestic abuse against a pregnant woman with knowledge of the

pregnancy shall be guilty of a felony, punishable by imprisonment in

the custody of the Department of Corrections for not less than ten

(10) years.

3. Any person convicted of domestic abuse committed against a

pregnant woman with knowledge of the pregnancy and a miscarriage

occurs or injury to the unborn child occurs shall be guilty of a

felony, punishable by imprisonment in the custody of the Department

of Corrections for not less than twenty (20) years.

F. Any person convicted of domestic abuse as defined in

subsection C of this section that results in great bodily injury to

the victim shall be guilty of a felony and punished by imprisonment

in the custody of the Department of Corrections for not more than

ten (10) years, or by imprisonment in the county jail for not more

than one (1) year. The provisions of Section 51.1 of this title

shall apply to any second or subsequent conviction of a violation of

this subsection.

G. Any person convicted of domestic abuse as defined in

subsection C of this section that was committed in the presence of a

child shall be punished by imprisonment in the county jail for not

less than six (6) months nor more than one (1) year, or by a fine

not exceeding Five Thousand Dollars ($5,000.00), or by both such

fine and imprisonment. Any person convicted of a second or

subsequent domestic abuse as defined in subsection C of this section

that was committed in the presence of a child shall be punished by

imprisonment in the custody of the Department of Corrections for not

less than one (1) year nor more than five (5) years, or by a fine

not exceeding Seven Thousand Dollars ($7,000.00), or by both such

fine and imprisonment. The provisions of Section 51.1 of this title

shall apply to any second or subsequent offense. For every

conviction of a domestic abuse crime in violation of any provision

of this section committed against an intimate partner or a family or

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household member as defined by Section 60.1 of Title 22 of the

Oklahoma Statutes, the court shall:

1. Specifically order as a condition of a suspended or deferred

sentence that a defendant undergo treatment to bring about the

cessation of domestic abuse as specified in paragraph 2 of this

subsection;

2. a. The court shall require the defendant to complete an

assessment and follow the recommendations of a

batterers’ intervention program to attend a fifty-two-

week batterers’ intervention program or a pilot

batterers’ intervention program, if available,

certified by the Attorney General.

b. If the defendant participates in a batterers’

intervention program, the program shall require the

defendant to attend for a minimum of fifty-two (52)

weeks, complete the program, and be evaluated before

and after attendance of the program by program staff.

Three unexcused absences in succession or seven

unexcused absences in a period of fifty-two (52) weeks

from any court-ordered batterers’ intervention program

shall be prima facie evidence of the violation of the

conditions of probation for the district attorney to

seek acceleration or revocation of any probation

entered by the court.

c. To investigate the effectiveness of additional

batterers’ intervention models, the Attorney General,

beginning February 1, 2026, may certify two pilot

batterers’ intervention programs for a period of

thirty-six (36) months located in Oklahoma and Tulsa

Counties. Proposals for certification as a pilot

batterers’ intervention program may be approved only

if made by an organization that was dually certified

as a batterers’ intervention program and a domestic
tion models, the Attorney General,

beginning February 1, 2026, may certify two pilot

batterers’ intervention programs for a period of

thirty-six (36) months located in Oklahoma and Tulsa

Counties. Proposals for certification as a pilot

batterers’ intervention program may be approved only

if made by an organization that was dually certified

as a batterers’ intervention program and a domestic

violence and sexual assault program on or before

January 1, 2025, or by an organization certified as a

batterers’ intervention program on or before January

1, 2025, pursuant to a written agreement with an

organization certified as a domestic violence and

sexual assault program on or before January 1, 2025.

Treatment provided through a pilot batterers’

intervention program shall be evidence-based and shall

be a minimum of twenty-six (26) weeks’ duration.

Participation in a pilot batterers’ intervention

program shall be limited to fifty participants at any

given time. Pilot batterers’ intervention programs

shall be self-funded, including any fees which may be

charged to the participants; provided, however, state

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or federal funding may continue for domestic violence

and sexual abuse programs.

d. The Office of the Attorney General shall promulgate

rules for pilot batterers’ intervention programs in

consultation with domestic violence and batterers’

intervention programs or advocacy organizations.

The Attorney General shall establish within his or her

administrative rules a screening and referral process

to review referrals to the pilot batterers’

intervention programs; provided, however, individuals

convicted of domestic abuse with a dangerous weapon or

domestic abuse by strangulation shall not be eligible

to participate in the pilot program. The Attorney

General shall require reporting of data necessary for

evaluation of the pilot programs. The pilot programs

shall provide the Attorney General with annual updates

and at the end of a pilot program term, a formal

evaluation shall be done by a third party agreed upon

by the Attorney General and the pilot program

operator.

e. All participants in the pilot program shall be subject

to a validated risk assessment conducted by a

qualified professional. The results of the assessment

shall be used to determine program placement based on

the level of risk and individual circumstances.

Participation in any shared or joint setting by both

the survivor and the individual who has caused harm

shall be prohibited under a pilot program. The

Attorney General shall adopt rules to implement this

subparagraph, including standards for risk assessment

tools and differentiated response models.

f. The Attorney General may provide by rule for extension

of no more than twenty-four (24) months beyond thirty-

six (36) months of a pilot batterers’ intervention

program if recommended by the third-party evaluator.

g. Pilot batterers’ intervention programs shall:

(1) prioritize survivors’ well-being in every part of

the pilot program including screening,

participation, reporting, and evaluation,

(2) ensure that batterers’ intervention programs use

appropriate intervention strategies to assist the

batterer in fostering the appropriate skills to:

(a) stop the violence committed by the batterer,

(b) accept personal accountability for battering

and personal responsibility for the decision

to stop or not to stop battering, and

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2) ensure that batterers’ intervention programs use

appropriate intervention strategies to assist the

batterer in fostering the appropriate skills to:

(a) stop the violence committed by the batterer,

(b) accept personal accountability for battering

and personal responsibility for the decision

to stop or not to stop battering, and

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(c) change the existing attitudes and beliefs of

the batterer that support the coercive

behavior of the batterer,

(3) address all forms of battering,

(4) be culturally informed and provide culturally

appropriate services to all participants,

(5) provide services that are affordable and

accessible for participants, including

participants with disabilities and limited

English proficiency,

(6) provide a uniform standard for evaluating the

performance of a batterers’ intervention program,

(7) be informed by evidence-based practice, research,

and proven field experience, including risk

assessment, that enhances victim safety,

(8) foster local and statewide communication and

interaction between and among batterers’

intervention programs and victim advocacy

programs, and

(9) ensure that batterers’ intervention programs

operate as an integrated part of the wider

community response to battering.

h. A program for anger management, couples counseling, or

family and marital counseling shall not solely qualify

for the treatment requirement for domestic abuse

pursuant to this subsection. The counseling may be

ordered in addition to the treatment of domestic abuse

or per evaluation as set forth below. If, after

sufficient evaluation and attendance at required

treatment sessions, the domestic violence treatment

program determines that the defendant does not

evaluate as a perpetrator of domestic violence or does

evaluate as a perpetrator of domestic violence and

should complete other programs of treatment

simultaneously or prior to or subsequent to domestic

violence treatment, including but not limited to

programs related to the mental health, apparent

substance or alcohol abuse or inability or refusal to

manage anger, the defendant shall be ordered to

complete the counseling as per the recommendations of

the domestic violence treatment program;

3. a. The court shall set a review hearing no more than one

hundred twenty (120) days after the defendant is

ordered to undergo treatment for domestic abuse to

assure the attendance and compliance of the defendant

with the provisions of this subsection. The court may

delay sentencing of the defendant until the defendant

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has presented proof to the court of enrollment in a

domestic abuse treatment program certified by the

Attorney General and attendance at weekly sessions of

such program. Such proof shall be presented to the

court by the defendant no later than one hundred

twenty (120) days after the defendant is ordered to

such treatment. At such time, the court may complete

sentencing, beginning the period of the sentence from

the date that proof of enrollment is presented to the

court, and schedule reviews as required by

subparagraphs a and b of this paragraph and paragraphs

4 and 5 of this subsection. Three unexcused absences

in succession or seven unexcused absences in a period

of fifty-two (52) weeks from any court-ordered

treatment program shall be prima facie evidence of the

violation of the conditions of probation for the

district attorney to seek acceleration or revocation

of any probation entered by the court.

b. The court shall set a second review hearing after the

completion of the treatment to assure the attendance

and compliance of the defendant with the provisions of

this subsection and the treatment requirements. The

court shall retain continuing jurisdiction over the

defendant during the course of ordered counseling

through the final review hearing;
of any probation entered by the court.

b. The court shall set a second review hearing after the

completion of the treatment to assure the attendance

and compliance of the defendant with the provisions of

this subsection and the treatment requirements. The

court shall retain continuing jurisdiction over the

defendant during the course of ordered counseling

through the final review hearing;

4. The court may set subsequent or other review hearings as the

court determines necessary to assure the defendant attends and fully

complies with the provisions of this subsection and the treatment

requirements;

5. At any review hearing, if the defendant is not

satisfactorily attending a treatment program or is not in compliance

with treatment requirements, the court may order the defendant to

further or continue treatment or other necessary services. The

court may revoke all or any part of a suspended sentence, deferred

sentence, or probation pursuant to Section 991b of Title 22 of the

Oklahoma Statutes and subject the defendant to any or all remaining

portions of the original sentence;

6. At the first review hearing, the court shall require the

defendant to appear in court. Thereafter, for any subsequent review

hearings, the court may accept a report on the progress of the

defendant from the treatment program. There shall be no requirement

for the victim to attend review hearings; and

7. If funding is available, a referee may be appointed and

assigned by the presiding judge of the district court to hear

designated cases set for review under this subsection. Reasonable

compensation for the referees shall be fixed by the presiding judge.

The referee shall meet the requirements and perform all duties in

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the same manner and procedure as set forth in Sections 1-8-103 and

2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees

appointed in juvenile proceedings.

The defendant may be required to pay all or part of the cost of

the treatment, in the discretion of the court.

H. As used in subsection G of this section, “in the presence of

a child” means in the physical presence of a child; or having

knowledge that a child is present and may see or hear an act of

domestic violence. For the purposes of subsections C and G of this

section, “child” may be any child whether or not related to the

victim or the defendant.

I. For the purposes of subsections C and G of this section, any

conviction for assault and battery against an intimate partner or a

family or household member as defined by Section 60.1 of Title 22 of

the Oklahoma Statutes shall constitute a sufficient basis for a

felony charge:

1. If that conviction is rendered in any state, county or

parish court of record of this or any other state; or

2. If that conviction is rendered in any municipal court of

record of this or any other state for which any jail time was

served; provided, no conviction in a municipal court of record

entered prior to November 1, 1997, shall constitute a prior

conviction for purposes of a felony charge.

J. Any person who commits any assault and battery by

strangulation or attempted strangulation against an intimate partner

or a family or household member as defined by Section 60.1 of Title

22 of the Oklahoma Statutes shall, upon conviction, be guilty of

domestic abuse by strangulation and shall be punished by

imprisonment in the custody of the Department of Corrections for a

period of not less than one (1) year nor more than three (3) years,

or by a fine of not more than Three Thousand Dollars ($3,000.00), or

by both such fine and imprisonment. Upon a second or subsequent

conviction for a violation of this section, the defendant shall be

punished by imprisonment in the custody of the Department of

Corrections for a period of not less than three (3) years nor more

than ten (10) years, or by a fine of not more than Twenty Thousand
or by a fine of not more than Three Thousand Dollars ($3,000.00), or

by both such fine and imprisonment. Upon a second or subsequent

conviction for a violation of this section, the defendant shall be

punished by imprisonment in the custody of the Department of

Corrections for a period of not less than three (3) years nor more

than ten (10) years, or by a fine of not more than Twenty Thousand

Dollars ($20,000.00), or by both such fine and imprisonment. The

provisions of Section 51.1 of this title shall apply to any second

or subsequent conviction of a violation of this subsection. As used

in this subsection, “strangulation” means any form of asphyxia;

including, but not limited to, asphyxia characterized by closure of

the blood vessels or air passages of the neck as a result of

external pressure on the neck or the closure of the nostrils or

mouth as a result of external pressure on the head.

K. Any district court of this state and any judge thereof shall

be immune from any liability or prosecution for issuing an order

that requires a defendant to:

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1. Attend a treatment program for domestic abusers certified by

the Attorney General;

2. Attend counseling or treatment services ordered as part of

any suspended or deferred sentence or probation; and

3. Attend, complete, and be evaluated before and after

attendance by a treatment program for domestic abusers, certified by

the Attorney General.

L. There shall be no charge of fees or costs to any victim of

domestic violence, stalking, or sexual assault in connection with

the prosecution of a domestic violence, stalking, or sexual assault

offense in this state.

M. In the course of prosecuting any charge of domestic abuse,

stalking, harassment, rape, or violation of a protective order, the

prosecutor shall provide the court, prior to sentencing or any plea

agreement, a local history and any other available history of past

convictions of the defendant within the last ten (10) years relating

to domestic abuse, stalking, harassment, rape, violation of a

protective order, or any other violent misdemeanor or felony

convictions.

N. Any plea of guilty or finding of guilt for a violation of

subsection C, F, G, I or J of this section shall constitute a

conviction of the offense for the purpose of this act or any other

criminal statute under which the existence of a prior conviction is

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

any court imposed probationary term; provided, the person has not,

in the meantime, been convicted of a misdemeanor involving moral

turpitude or a felony.

O. For purposes of subsection F of this section, “great bodily

injury” means bone fracture, protracted and obvious disfigurement,

protracted loss or impairment of the function of a body part, organ

or mental faculty, or substantial risk of death.

P. 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.