Okla. Stat. tit. 21, § 21-1268.5: Biochemical assault - Penalties

A. Every person who, without justifiable or excusable cause,

willfully commits biochemical assault against another person shall

be punished as provided in this section.

B. Every act of biochemical assault is a misdemeanor punishable

by imprisonment in the county jail for a term of not more than one

(1) year, or by a fine not to exceed One Thousand Dollars

($1,000.00), or by both such fine and imprisonment when the person

knows the substance or material used to commit biochemical assault

is not toxic, noxious, or lethal to humans. In addition to any term

of imprisonment imposed for biochemical assault, the person shall be

ordered to make restitution to the victim and to reimburse the cost

of any emergency personnel, equipment, supplies, and other expenses

incurred by the state and any political subdivision as a result of

responding to such act.

C. Every act of biochemical assault is a Class B1 felony

offense punishable by imprisonment in the State Penitentiary for a

term of not more than ten (10) years when the person knows the

substance or material used to commit biochemical assault is toxic,

noxious, or lethal to humans. In addition to any term of

imprisonment imposed for biochemical assault, the person shall be

ordered to make restitution to the victim and to reimburse the cost

of any emergency personnel, equipment, supplies, and other expenses

incurred by the state and any political subdivision as a result of

responding to such act.