Okla. Stat. tit. 21, § 21-856

delinquent or runaway child, to commit felony or to become involved

with criminal street gang.

A. 1. Except as otherwise specifically provided by law, every

person who shall knowingly or willfully cause, aid, abet or

encourage a minor to be, to remain, or to become a delinquent child

Oklahoma Statutes - Title 21. Crimes and Punishments Page 372

or a runaway child, upon conviction, shall, for the first offense,

be guilty of a misdemeanor punishable by imprisonment in a county

jail not to exceed one (1) year, or by a fine not to exceed One

Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

2. For purposes of prosecution under this subsection, a

"runaway child" means an unemancipated minor who is voluntarily

absent from the home without a compelling reason, without the

consent of a custodial parent or other custodial adult and without

the parent or other custodial adult's knowledge as to the child's

whereabouts. "Compelling reason" means imminent danger from incest,

a life-threatening situation, or equally traumatizing circumstance.

A person aiding a runaway child pursuant to paragraph (4) of

subsection (a) of Section 5 of Title 76 of the Oklahoma Statutes or

aiding a child based upon a reasonable belief that the child is in

physical, mental or emotional danger and with notice to the

Department of Human Services or a local law enforcement agency of

the location of the child within twelve (12) hours of aiding the

child shall not be subject to prosecution under this section.

B. Every person convicted of a second or any subsequent

violation of this section shall be guilty of a Class D3 felony

offense punishable by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes, or by

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

such fine and imprisonment.

C. Every person eighteen (18) years of age or older who shall

knowingly or willfully cause, aid, abet, or encourage a minor to

commit or participate in committing an act that would be a felony if

committed by an adult shall, upon conviction, be guilty of a Class

B5 felony offense punishable by the maximum penalty allowed for

conviction of the offense or offenses which the person caused,

aided, abetted, or encouraged the minor to commit or participate in

committing.

D. Every person who shall knowingly or willfully cause, aid,

abet, encourage, solicit, or recruit a minor to participate, join,

or associate with any criminal street gang, as defined by subsection

F of this section, or any gang member for the purpose of committing

any criminal act shall, upon conviction, be guilty of a Class B5

felony offense punishable by imprisonment in the custody of the

Department of Corrections for a term of not more than five (5)

years, or a fine not to exceed Five Thousand Dollars ($5,000.00), or

both such fine and imprisonment.

E. Every person convicted of a second or subsequent violation

of subsection D of this section shall be guilty of a Class B4 felony

offense punishable by imprisonment in the custody of the Department

of Corrections for a term not less than five (5) years nor more than

ten (10) years, or by a fine not exceeding Five Thousand Dollars

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

Oklahoma Statutes - Title 21. Crimes and Punishments Page 373

F. "Criminal street gang" means any ongoing organization,

association, or group of five or more persons that specifically

either promotes, sponsors, or assists in, or participates in, and

requires as a condition of membership or continued membership, the

commission of one or more of the following criminal acts:

1. Assault, battery, or assault and battery with a deadly

weapon, as defined in Section 645 of this title;

2. Aggravated assault and battery as defined by Section 646 of

this title;

3. Robbery by force or fear, as defined in Sections 791 through

797 of this title;
nd

requires as a condition of membership or continued membership, the

commission of one or more of the following criminal acts:

1. Assault, battery, or assault and battery with a deadly

weapon, as defined in Section 645 of this title;

2. Aggravated assault and battery as defined by Section 646 of

this title;

3. Robbery by force or fear, as defined in Sections 791 through

797 of this title;

4. Robbery or attempted robbery with a dangerous weapon or

imitation firearm, as defined by Section 801 of this title;

5. Unlawful homicide or manslaughter, as defined in Sections

691 through 722 of this title;

6. The sale, possession for sale, transportation, manufacture,

offer for sale, or offer to manufacture controlled dangerous

substances, as defined in Section 2-101 et seq. of Title 63 of the

Oklahoma Statutes;

7. Trafficking in illegal drugs, as provided for in the

Trafficking in Illegal Drugs Act, Section 2-414 of Title 63 of the

Oklahoma Statutes;

8. Arson, as defined in Sections 1401 through 1403 of this

title;

9. The influence or intimidation of witnesses and jurors, as

defined in Sections 388, 455 and 545 of this title;

10. Theft of any vehicle, as described in Section 1720 of this

title;

11. Rape, as defined in Section 1111 of this title;

12. Extortion, as defined in Section 1481 of this title;

13. Transporting a loaded firearm in a motor vehicle, in

violation of Section 1289.13 of this title;

14. Possession of a concealed weapon, as defined by Section

1289.8 of this title;

15. Shooting or discharging a firearm, as defined by Section

652 of this title;

16. Soliciting, inducing or enticing another to commit an act

of prostitution, as defined by Section 1030 of this title;

17. Human trafficking, as defined by Section 748 of this title;

or

18. Possession of a firearm after former conviction of a

felony, as defined by Section 1283 of this title.