Okla. Stat. tit. 21, § 21-649
This is the official text of Okla. Stat. tit. 21, § 21-649, 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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Assault, battery or assault and battery upon police
Official statutory text
officer or other peace officer - Penalties.
A. Every person who, without justifiable or excusable cause,
knowingly commits any assault upon the person of a police officer,
sheriff, deputy sheriff, highway patrolman, corrections personnel,
or state peace officer employed or duly appointed by any state
governmental agency to enforce state laws while the officer is in
the performance of his or her duties is punishable by imprisonment
in the county jail not exceeding six (6) months, or by a fine not
exceeding Five Hundred Dollars ($500.00), or by both such fine and
imprisonment.
B. Every person who, without justifiable or excusable cause
knowingly commits battery or assault and battery upon the person of
a police officer, sheriff, deputy sheriff, highway patrolman,
corrections personnel, or other state peace officer employed or duly
appointed by any state governmental agency to enforce state laws
while the officer is in the performance of his or her duties, upon
conviction, shall be guilty of a Class B5 felony offense punishable
by imprisonment in the custody of the Department of Corrections of
not more than five (5) years or county jail for a period not to
exceed one (1) year, or by a fine not exceeding Five Hundred Dollars
($500.00), or by both such fine and imprisonment.
C. As used in this section and in Section 650 of this title,
"corrections personnel" means any person, employed or duly appointed
by the state or by a political subdivision, who has direct contact
with inmates of a jail or state correctional facility, and includes
but is not limited to, Department of Corrections personnel in job
classifications requiring direct contact with inmates, persons
providing vocational-technical training to inmates, education
personnel who have direct contact with inmates because of education
programs for inmates, and persons employed or duly appointed by
county or municipal jails to supervise inmates or to provide medical
treatment or meals to inmates of jails.
D. For the purposes of this section, assault and battery upon
law officers includes any attempt to reach for or gain control of
the firearm of any police officer, sheriff, deputy sheriff, highway
patrol, corrections personnel as defined in Section 649 of this
title, or any peace officer employed by any state or federal
governmental agency to enforce state laws.
E. For purposes of this section, if an officer is off duty and
the nature of the assault or assault and battery relates back to, or
in any manner or circumstances has to do with, his or her official
position as a law enforcement officer then it shall fall within the
meaning of "in the performance of his or her duties" as an officer.
Oklahoma Statutes - Title 21. Crimes and Punishments Page 283
F. This section shall not supersede any other act or acts, but
shall be cumulative thereto.
A. Every person who, without justifiable or excusable cause,
knowingly commits any assault upon the person of a police officer,
sheriff, deputy sheriff, highway patrolman, corrections personnel,
or state peace officer employed or duly appointed by any state
governmental agency to enforce state laws while the officer is in
the performance of his or her duties is punishable by imprisonment
in the county jail not exceeding six (6) months, or by a fine not
exceeding Five Hundred Dollars ($500.00), or by both such fine and
imprisonment.
B. Every person who, without justifiable or excusable cause
knowingly commits battery or assault and battery upon the person of
a police officer, sheriff, deputy sheriff, highway patrolman,
corrections personnel, or other state peace officer employed or duly
appointed by any state governmental agency to enforce state laws
while the officer is in the performance of his or her duties, upon
conviction, shall be guilty of a Class B5 felony offense punishable
by imprisonment in the custody of the Department of Corrections of
not more than five (5) years or county jail for a period not to
exceed one (1) year, or by a fine not exceeding Five Hundred Dollars
($500.00), or by both such fine and imprisonment.
C. As used in this section and in Section 650 of this title,
"corrections personnel" means any person, employed or duly appointed
by the state or by a political subdivision, who has direct contact
with inmates of a jail or state correctional facility, and includes
but is not limited to, Department of Corrections personnel in job
classifications requiring direct contact with inmates, persons
providing vocational-technical training to inmates, education
personnel who have direct contact with inmates because of education
programs for inmates, and persons employed or duly appointed by
county or municipal jails to supervise inmates or to provide medical
treatment or meals to inmates of jails.
D. For the purposes of this section, assault and battery upon
law officers includes any attempt to reach for or gain control of
the firearm of any police officer, sheriff, deputy sheriff, highway
patrol, corrections personnel as defined in Section 649 of this
title, or any peace officer employed by any state or federal
governmental agency to enforce state laws.
E. For purposes of this section, if an officer is off duty and
the nature of the assault or assault and battery relates back to, or
in any manner or circumstances has to do with, his or her official
position as a law enforcement officer then it shall fall within the
meaning of "in the performance of his or her duties" as an officer.
Oklahoma Statutes - Title 21. Crimes and Punishments Page 283
F. This section shall not supersede any other act or acts, but
shall be cumulative thereto.
Status: in_force · Read it on the official government site
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