Okla. Stat. tit. 21, § 21-644v3

A. Assault shall, upon conviction, be punishable by

imprisonment in a county jail not exceeding thirty (30) days, by a

fine not more than Five Hundred Dollars ($500.00), or by both such

fine and imprisonment.

B. Assault and battery shall, upon conviction, be punishable by

imprisonment in a county jail not exceeding ninety (90) days, by a

fine 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, 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, 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. Any person who, with intent to do bodily harm and without

justifiable or excusable cause, commits any 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 by means of any

deadly weapon or by such other means or force 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

subsection.

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E. Any person convicted of domestic abuse committed against a

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

misdemeanor, punishable by imprisonment in the county jail for not

more than one (1) year.

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.

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, upon conviction, 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, 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, by a fine not
ot

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, 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

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 participate in counseling or 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 certified by the

Attorney General. If the defendant is ordered to

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participate in a batterers’ intervention program, the

order shall require the defendant to attend the

program 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.

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

family and marital counseling shall not solely qualify

for the counseling or treatment requirement for

domestic abuse pursuant to this subsection. The

counseling may be ordered in addition to counseling

specifically for the treatment of domestic abuse or

per evaluation as set forth below. If, after

sufficient evaluation and attendance at required

counseling sessions, the domestic violence treatment

program or licensed professional 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 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 or licensed

professional;

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

hundred twenty (120) days after the defendant is

ordered to participate in a domestic abuse counseling

program or undergo treatment for domestic abuse to

assure the attendance and compliance of the defendant

with the provisions of this subsection and the

domestic abuse counseling or treatment requirements.

The court may suspend sentencing of the defendant

until the defendant has presented proof to the court

of enrollment in a program of treatment for domestic

abuse by an individual licensed practitioner or 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

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court by the defendant no later than one hundred

twenty (120) days after the defendant is ordered to

such counseling or treatment. At such time, the court
sed practitioner or 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

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court by the defendant no later than one hundred

twenty (120) days after the defendant is ordered to

such counseling or 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 domestic abuse counseling or 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 counseling or treatment to assure

the attendance and compliance of the defendant with

the provisions of this subsection and the domestic

abuse counseling or 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 domestic

abuse counseling or treatment requirements;

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

satisfactorily attending individual counseling or a domestic abuse

counseling or treatment program or is not in compliance with any

domestic abuse counseling or treatment requirements, the court may

order the defendant to further or continue counseling, 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 individual counseling, domestic abuse counseling, or

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 counseling or 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:
sections 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 not less than one (1) year nor more than ten (10) years, by a

fine 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:

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

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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
itude 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.