Okla. Stat. tit. 21, § 21-1533: Penalties - Definitions - Certain defenses excluded

A. Except as provided in subsection B of this section, every

person who falsely personates any public officer, civil or military,

any firefighter, any law enforcement officer, any emergency medical

technician or other emergency medical care provider, or any private

individual having special authority by law to perform any act

affecting the rights or interests of another, or who assumes,

without authority, any uniform or badge by which such officers or

persons are usually distinguished, and in such assumed character

does any act whereby another person is injured, defrauded, harassed,

vexed or annoyed, upon conviction, is guilty of a misdemeanor

punishable by imprisonment in the county jail not exceeding six (6)

months, or by a fine not exceeding Two Thousand Dollars ($2,000.00),

or by both such fine and imprisonment.

B. Every person who falsely personates any public officer or

any law enforcement officer in connection with or relating to any

sham legal process shall, upon conviction, be guilty of a Class D3

felony offense, punishable by imprisonment as provided for in

subsections B through F of Section 20P of this title, or a fine not

exceeding Five Thousand Dollars ($5,000.00), or both such fine and

imprisonment.

C. Every person who falsely asserts authority of law not

provided for by federal or state law in connection with any sham

legal process shall, upon conviction, be guilty of a Class D3 felony

offense, punishable by imprisonment as provided for in subsections B

through F of Section 20P of this title, or a fine not exceeding Five

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

D. Every person who, while acting falsely in asserting

authority of law, attempts to intimidate or hinder a public official

or law enforcement officer in the discharge of official duties by

means of threats, harassment, physical abuse, or use of sham legal

process shall, upon conviction, be guilty of a Class D3 felony

offense punishable by imprisonment as provided for in subsections B

through F of Section 20P of this title, or a fine not exceeding Five

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

E. Any person who, without authority under federal or state

law, acts as a supreme court justice, a district court judge, an

associate district judge, a special judge, a magistrate, a clerk of

the court or deputy, a notary public, a juror or other official

holding authority to determine a controversy or adjudicate the

rights or interests of others, or signs a document in such capacity,

shall, upon conviction, be guilty of a Class D3 felony offense

punishable by imprisonment as provided for in subsections B through

F of Section 20P of this title, or a fine not exceeding Five

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

F. Every person who uses any motor vehicle or motor-driven

cycle usually distinguished as a law enforcement vehicle or equips

any motor vehicle or motor-driven cycle with any spot lamps, audible

sirens, or flashing lights, in violation of Section 12-217, 12-218

or 12-227 of Title 47 of the Oklahoma Statutes, or in any other

manner uses any motor vehicle or motor-driven cycle:

1. Which, by markings that conform to or imitate the markings

required or authorized in subsection B of Section 151 of Title 47 of

the Oklahoma Statutes and used by the Oklahoma Highway Patrol

Division of the Department of Public Safety, conveys to any person

the impression or appearance that it is a vehicle of the Oklahoma

Highway Patrol shall, upon conviction, be guilty of a misdemeanor

punishable by imprisonment in the county jail for not more than one

quired or authorized in subsection B of Section 151 of Title 47 of

the Oklahoma Statutes and used by the Oklahoma Highway Patrol

Division of the Department of Public Safety, conveys to any person

the impression or appearance that it is a vehicle of the Oklahoma

Highway Patrol shall, upon conviction, be guilty of a misdemeanor

punishable by imprisonment in the county jail for not more than one

(1) year, or by a fine not exceeding Five Hundred Dollars ($500.00),

or both fine and imprisonment; provided, nothing in this paragraph

shall be construed to prohibit the use of such a vehicle for

exhibitions, club activities, parades, and other functions of public

interest and which is not used on the public roads, streets, and

highways for regular transportation; or

2. For the purpose of falsely personating a law enforcement

officer and who in such assumed character commits any act whereby

another person is injured, defrauded, harassed, vexed or annoyed

shall, upon conviction, be guilty of a Class C2 felony offense

punishable by imprisonment as provided for in subsections B through

F of Section 20M of this title, or by a fine not exceeding Ten

Thousand Dollars ($10,000.00), or by both such fine and

imprisonment.

G. 1. Any person who displays or causes to be displayed the

words “State Police” alone or in conjunction with any other word or

words on any motor vehicle, badge, clothing, identification card, or

any other object or document with the intent to communicate peace

officer or investigating authority shall, upon conviction, be guilty

of a misdemeanor punishable by a fine not exceeding One Thousand

Dollars ($1,000.00). This paragraph shall not apply to any officer

with statewide investigatory or law enforcement authority.

2. Any person who displays or causes to display such words as

provided in this subsection for the purpose of falsely personating a

law enforcement officer and as such commits any act whereby another

person is injured, defrauded, harassed, vexed or annoyed shall, upon

conviction, be guilty of a Class D1 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20N of this title, or by a fine not exceeding Ten Thousand Dollars

($10,000.00), or by both such fine and imprisonment.

H. As used in this section:

1. “Sham legal process” means the issuance, display, delivery,

distribution, reliance on as lawful authority, or other use of an

instrument that is not lawfully issued, whether or not the

instrument is produced for inspection or actually exists, and

purports to do any of the following:

a. to be a summons, subpoena, judgment, arrest warrant,

search warrant, or other order of a court recognized

by the laws of this state, a law enforcement officer

commissioned pursuant to state or federal law or the

law of a federally recognized Indian tribe, or a

legislative, executive, or administrative agency

established by state or federal law or the law of a

federally recognized Indian tribe,

b. to assert jurisdiction or authority over or determine

or adjudicate the legal or equitable status, rights,

duties, powers, or privileges of any person or

property, or

c. to require or authorize the search, seizure,

indictment, arrest, trial, or sentencing of any person

or property; and

2. “Lawfully issued” means adopted, issued, or rendered in

accordance with the applicable statutes, rules, regulations, and

ordinances of the United States, a state, or a political subdivision

of a state.

I. It shall not be a defense to a prosecution under subsection

B, C, D or E of this section that:

1. The recipient of the sham legal process did not accept or

believe in the authority falsely asserted in the sham legal process;

2. The person violating subsection B, C, D or E of this section

does not believe in the jurisdiction or authority of this state or

political subdivision

of a state.

I. It shall not be a defense to a prosecution under subsection

B, C, D or E of this section that:

1. The recipient of the sham legal process did not accept or

believe in the authority falsely asserted in the sham legal process;

2. The person violating subsection B, C, D or E of this section

does not believe in the jurisdiction or authority of this state or

of the United States government; or

3. The office the person violating subsection B, C, D or E of

this section purports to hold does not exist or is not an official

office recognized by state or federal law.

R.L. 1910, § 2691. Amended by Laws 1990, c. 320, § 4, emerg. eff.

May 30, 1990; Laws 1993, c. 13, § 1, emerg. eff. March 24, 1993;