Okla. Stat. tit. 47, § 47-11-901e

communication device when in a school zone — Exceptions.

A. For the purpose of this section:

1. “Cellular telephone” means an analog or digital wireless

telephone authorized by the Federal Communications Commission to

operate in the frequency bandwidth reserved for cellular telephones;

2. “Compose”, “send”, or “read” with respect to a text message

means the manual entry, sending, or retrieval of a text message to

communicate with any person or device;

3. “Electronic communication device” means an electronic device

that permits the user to manually transmit a communication of

written text by means other than through an oral transfer or wire

communication. This term does not include:

a. a device that is physically or electronically

integrated into a motor vehicle,

b. a voice-operated global positioning or navigation

system that is affixed to a motor vehicle,

c. a hands-free or voice-operated device that allows the

user to write, send, or read a text message without

the use of either hand except to activate, deactivate,

or initiate a feature or function,

d. an ignition interlock device that has been installed

on a motor vehicle, or

e. amateur radio use or operation; and

4. "Text message" includes a text-based message, instant

message, electronic message, photo, video, or electronic mail.

B. Where any portion of a road, street, or highway is a

properly marked school zone, as indicated with appropriate warning

signs placed in accordance with the latest edition of the Manual on

Uniform Traffic Control Devices, and a reduced speed limit is

properly posted that is in effect during certain times due to the

presence or potential presence of school children, or in a road

construction zone, and while a motor vehicle is in motion, it shall

be unlawful for any person to operate a motor vehicle on any street

or highway within this state while:

1. Using a hand-held electronic communication device or

cellular telephone to manually compose, send, or read an electronic

text message; or

2. Holding or using a hand-held cellular telephone.

Oklahoma Statutes - Title 47. Motor Vehicles Page 513

C. Any person who violates the provisions of subsection B of

this section shall, upon conviction, be punished by a fine of not

more than One Hundred Dollars ($100.00).

D. The provisions of subsection B of this section shall not

apply if the person is using the cellular telephone or electronic

communication device:

1. In conjunction with hands-free or voice-operated technology;

or

2. For the sole purpose of communicating with any of the

following regarding an imminent emergency situation:

a. an emergency response operator,

b. a hospital, physician’s office, or health clinic,

c. a provider of ambulance services,

d. a provider of firefighting services, or

e. a law enforcement agency.

E. Municipalities may enact and municipal police officers may

enforce ordinances prohibiting and penalizing conduct under the

provisions of this section. The provisions of such ordinances shall

be the same as provided for in this section; the enforcement

provisions of those ordinances shall not be more stringent than

those of this section; and the total fine and court costs for

municipal ordinance violations shall not exceed One Hundred Dollars

($100.00).

F. The Department of Public Safety shall not record or assess

points for violations of this section on any license holder’s

traffic record maintained by Service Oklahoma.

G. A law enforcement officer shall not, without the consent of

the person:

1. Confiscate a cellular telephone or electronic communication

device for the purpose of determining compliance with this section;

2. Confiscate a cellular telephone or electronic communication

device and retain it as evidence pending trial for a violation of

this section; or

3. Extract or otherwise download information from a cellular

telephone or electronic communication device for a violation of this
e a cellular telephone or electronic communication

device for the purpose of determining compliance with this section;

2. Confiscate a cellular telephone or electronic communication

device and retain it as evidence pending trial for a violation of

this section; or

3. Extract or otherwise download information from a cellular

telephone or electronic communication device for a violation of this

section unless:

a. the law enforcement officer has probable cause to

believe that the cellular telephone or electronic

communication device has been used in the commission

of a crime,

b. the information is extracted or otherwise downloaded

under a valid search warrant, or

c. otherwise authorized by law.