Stalking in Oklahoma – Law, Punishment, & Defense

Stalking in Oklahoma Defined

It’s illegal to willfully, maliciously, and repeatedly follow or harass someone in a way that:

1. Would cause a reasonable person or a member of the immediate family of that person to feel frightened, intimidated, threatened, harassed, or molested; and
2. Actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $1,000.

Felony Stalking

Stalking is considered a felony when:

1. There is a permanent or temporary restraining order, a protective order, an emergency ex parte protective order, or an injunction in effect prohibiting stalking behavior against the same party, when the person stalking has actual notice of the issuance of such order or injunction;
2. The stalker is on probation or parole, a condition of which prohibits stalking against the same party or under the conditions of a community or alternative punishment; or
3. The stalker, within ten years preceding a stalking violation, completed the execution of sentence for a conviction of a crime involving the use or threat of violence against the same party, or against any member of the immediate family of such party,

The maximum punishment in the Department of Corrections is five years. The maximum fine is $2,500.

It’s a felony if you:

1. Commit a second act of stalking within ten years of the completion of sentence for a prior conviction of stalking; or
2. Have a prior conviction of stalking and, after being served with a protective order that prohibits contact with an individual, knowingly make unconsented contact with the same individual,

The maximum punishment in the Department of Corrections is five years. The maximum fine is $2,500.

If you commit an act of stalking within ten years of the completion of execution of sentence for a prior felony stalking conviction, then the punishment increases. The maximum punishment in the Department of Corrections is ten years. The maximum fine is $5,000.

Evidence that a person continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or any other form of unconsented contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

Terms Defined

“Harasses” means a pattern or course of conduct directed toward another individual that includes, but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable person to suffer emotional distress, and that actually causes emotional distress to the victim. Harassment includes harassing or obscene phone calls and Malicious Harassment Based on Race, Color, Religion, Ancestry, National Origin, Disability. Harassment doesn’t include constitutionally protected activity or conduct that serves a legitimate purpose.

“Course of conduct” means a pattern of conduct composed of a series of two or more separate acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”

“Emotional distress” means significant mental suffering or distress that may, but does not necessarily require, medical or other professional treatment or counseling.

“Unconsented contact” means any contact with another individual that’s initiated or continued without the consent of the individual, or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Constitutionally protected activity is not included within the meaning of unconsented contact. Unconsented contact includes but is not limited to any of the following:

1. following or appearing within the sight of that individual,
2. approaching or confronting that individual in a public place or on private property,
3. appearing at the workplace or residence of that individual,
4. entering onto or remaining on property owned, leased, or occupied by that individual,
5. contacting that individual by telephone,
6. sending mail or electronic communications to that individual, and
7. placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.

“Member of the immediate family” means any spouse, parent, child, person related within the third degree of consanguinity or affinity, or any other person who regularly resides in the household or who regularly resided in the household within the prior six months.

“Following” includes the tracking of the movement or location of an individual through the use of a Global Positioning System (GPS) device or other monitoring device by a person, or person who acts on behalf of another, without the consent of the individual whose movement or location is being tracked. This doesn’t apply to the lawful use of a GPS device or other monitoring device or to the use by a new or used motor vehicle dealer or other motor vehicle creditor of a GPS device or other monitoring device, including a device containing technology used to remotely disable the ignition of a motor vehicle, in connection with lawful action after default of the terms of a motor vehicle credit sale, loan, or lease, and with the express written consent of the owner or lessee of the motor vehicle.

Source: 21 O.S. § 1173

Current as of April 6, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with stalking in Oklahoma? Call Oklahoma criminal defense attorney Frank Urbanic in OKC for a free case consultation.

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