{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1173v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1173v2","heading":"Stalking - Penalties","body":"A. Any person who willfully, maliciously, and repeatedly\n\nfollows or harasses another person in a manner that:\n\n1. Would cause a reasonable person or a member of the immediate\n\nfamily of that person as defined in subsection F of this section to\n\nfeel frightened, intimidated, threatened, harassed, or molested; and\n\n2. Actually causes the person being followed or harassed to\n\nfeel terrorized, frightened, intimidated, threatened, harassed, or\n\nmolested,\n\nshall, upon conviction, be guilty of the crime of stalking, which is\n\na felony punishable by imprisonment in the custody of the Department\n\nof Corrections for a term not to exceed three (3) years, or by a\n\nfine not to exceed Five Thousand Dollars ($5,000.00), or by both\n\nsuch fine and imprisonment. Any person convicted of a second\n\nviolation of the provisions of this subsection shall be punished by\n\nimprisonment in the custody of the Department of Corrections for a\n\nterm not to exceed six (6) years, or by a fine not to exceed Ten\n\nThousand Dollars ($10,000.00), or by both such fine and\n\nimprisonment. Any person convicted of a third or subsequent\n\nviolation of the provisions of this subsection shall be punished by\n\nimprisonment in the custody of the Department of Corrections for a\n\nterm not to exceed twelve (12) years, or by a fine not to exceed\n\nFifteen Thousand Dollars ($15,000.00), or by both such fine and\n\nimprisonment.\n\nB. Any person who violates the provisions of subsection A of\n\nthis section when:\n\n1. There is a permanent or temporary restraining order, a\n\nprotective order, an emergency ex parte protective order, or an\n\ninjunction in effect prohibiting the behavior described in\n\nsubsection A of this section against the same party, when the person\n\nviolating the provisions of subsection A of this section has actual\n\nnotice of the issuance of such order or injunction;\n\n2. Said person is on probation or parole, a condition of which\n\nprohibits the behavior described in subsection A of this section\n\nagainst the same party or under the conditions of a community or\n\nalternative punishment; or\n\n3. Said person, within ten (10) years preceding the violation\n\nof subsection A of this section, completed the execution of sentence\n\nfor a conviction of a crime involving the use or threat of violence\n\nagainst the same party, or against any member of the immediate\n\nfamily of such party,\n\nshall, upon conviction, be guilty of a Class B5 felony offense\n\npunishable by imprisonment in the custody of the Department of\n\nCorrections for a term not to exceed fifteen (15) years, or by a\n\nfine not to exceed Twenty Thousand Dollars ($20,000.00), or by both\n\nsuch fine and imprisonment.\n\nC. Any person who:\n\n1. Commits a second act of stalking within ten (10) years of\n\nthe completion of sentence for a prior conviction of stalking; or\n\n2. Has a prior conviction of stalking and, after being served\n\nwith a protective order that prohibits contact with an individual,\n\nknowingly makes unconsented contact with the same individual,\n\nshall, upon conviction, be guilty of a Class B5 felony offense\n\npunishable by imprisonment in the custody of the Department of\n\nCorrections for a term not to exceed twenty (20) years, or by a fine\n\nnot to exceed Twenty-five Thousand Dollars ($25,000.00), or by both\n\nsuch fine and imprisonment.\n\nD. Any person who commits an act of stalking within ten (10)\n\nyears of the completion of execution of sentence for a prior\n\nconviction under subsection B or C of this section shall, upon\n\nconviction, be guilty of a Class B4 felony offense punishable by\n\nimprisonment in the custody of the Department of Corrections for a\n\nterm not to exceed twenty-five (25) years, or by a fine not to\n\nexceed Thirty Thousand Dollars ($30,000.00), or by both such fine\n\nand imprisonment.\n\nE. Evidence that the defendant continued to engage in a course\n\nof conduct involving repeated unconsented contact, as defined in\nbe guilty of a Class B4 felony offense punishable by\n\nimprisonment in the custody of the Department of Corrections for a\n\nterm not to exceed twenty-five (25) years, or by a fine not to\n\nexceed Thirty Thousand Dollars ($30,000.00), or by both such fine\n\nand imprisonment.\n\nE. Evidence that the defendant continued to engage in a course\n\nof conduct involving repeated unconsented contact, as defined in\n\nsubsection F of this section, with the victim after having been\n\nrequested by the victim to discontinue the same or any other form of\n\nunconsented contact, and to refrain from any further unconsented\n\ncontact with the victim, shall give rise to a rebuttable presumption\n\nthat the continuation of the course of conduct caused the victim to\n\nfeel terrorized, frightened, intimidated, threatened, harassed, or\n\nmolested.\n\nF. For purposes of determining the crime of stalking, the\n\nfollowing definitions shall apply:\n\n1. \"Harasses\" means a pattern or course of conduct directed\n\ntoward another individual that includes, but is not limited to,\n\nrepeated or continuing unconsented contact, that would cause a\n\nreasonable person to suffer emotional distress, and that actually\n\ncauses emotional distress to the victim. Harassment shall include\n\nharassing or obscene phone calls as prohibited by Section 1172 of\n\nthis title and conduct prohibited by Section 850 of this title.\n\nHarassment does not include constitutionally protected activity or\n\nconduct that serves a legitimate purpose;\n\n2. \"Course of conduct\" means a series of two or more separate\n\nacts over a period of time, however short or long, evidencing a\n\ncontinuity of purpose, including any of the following:\n\na. maintaining a visual or physical proximity to the\n\nvictim,\n\nb. approaching or confronting the victim in a public\n\nplace or on private property,\n\nc. appearing at the workplace of the victim or contacting\n\nthe employer or coworkers of the victim,\n\nd. appearing at the home of the victim or contacting the\n\nneighbors of the victim,\n\ne. entering onto or remaining on property owned, leased,\n\nor occupied by the victim,\n\nf. contacting the victim by telephone, text message,\n\nelectronic message, electronic mail, or other means of\n\nelectronic communication or causing the telephone or\n\nelectronic device of the victim or the telephone or\n\nelectronic device of any other person to ring or\n\ngenerate notifications repeatedly or continuously,\n\nregardless of whether a conversation ensues,\n\ng. photographing, videotaping, audiotaping, or, through\n\nany other electronic means, monitoring or recording\n\nthe activities of the victim. This subparagraph\n\napplies regardless of where the act occurs,\n\nh. sending to the victim any physical or electronic\n\nmaterial or contacting the victim by any means,\n\nincluding any message, comment, or other content\n\nposted on any Internet site or web application,\n\ni. sending to a family member or member of the household\n\nof the victim, or any current or former employer of\n\nthe victim, or any current or former coworker of the\n\nvictim, or any friend of the victim, any physical or\n\nelectronic material or contacting such person by any\n\nmeans, including any message, comment, or other\n\ncontent posted on any Internet site or web\n\napplication, for the purpose of obtaining information\n\nabout, disseminating information about, or\n\ncommunicating with the victim,\n\nj. placing an object on or delivering an object to\n\nproperty owned, leased, or occupied by the victim,\n\nk. delivering an object to a family member or member of\n\nthe household of the victim, or an employer, coworker,\n\nor friend of the victim, or placing an object on, or\n\ndelivering an object to, property owned, leased, or\n\noccupied by such a person with the intent that the\n\nobject be delivered to the victim, or\n\nl. causing a person to engage in any of the acts\n\ndescribed in subparagraphs a through k of this\nof the victim, or an employer, coworker,\n\nor friend of the victim, or placing an object on, or\n\ndelivering an object to, property owned, leased, or\n\noccupied by such a person with the intent that the\n\nobject be delivered to the victim, or\n\nl. causing a person to engage in any of the acts\n\ndescribed in subparagraphs a through k of this\n\nparagraph.\n\nConstitutionally protected activity is not included within the\n\nmeaning of \"course of conduct\";\n\n3. \"Emotional distress\" means significant mental suffering or\n\ndistress that may, but does not necessarily require, medical or\n\nother professional treatment or counseling;\n\n4. \"Unconsented contact\" means any contact with another\n\nindividual that is initiated or continued without the consent of the\n\nindividual, or in disregard of that individual's expressed desire\n\nthat the contact be avoided or discontinued. Constitutionally\n\nprotected activity is not included within the meaning of unconsented\n\ncontact. Unconsented contact includes but is not limited to any of\n\nthe following:\n\na. following or appearing within the sight of that\n\nindividual,\n\nb. approaching or confronting that individual in a public\n\nplace or on private property,\n\nc. appearing at the workplace or residence of that\n\nindividual,\n\nd. entering onto or remaining on property owned, leased,\n\nor occupied by that individual,\n\ne. contacting that individual by telephone,\n\nf. sending mail or electronic communications to that\n\nindividual, and\n\ng. placing an object on, or delivering an object to,\n\nproperty owned, leased, or occupied by that\n\nindividual;\n\n5. \"Member of the immediate family\", for the purposes of this\n\nsection, means any spouse, parent, child, person related within the\n\nthird degree of consanguinity or affinity or any other person who\n\nregularly resides in the household or who regularly resided in the\n\nhousehold within the prior six (6) months; and\n\n6. \"Following\" shall include the tracking of the movement or\n\nlocation of an individual through the use of a Global Positioning\n\nSystem (GPS) device or other monitoring device by a person, or\n\nperson who acts on behalf of another, without the consent of the\n\nindividual whose movement or location is being tracked; provided,\n\nthis shall not apply to the lawful use of a GPS device or other\n\nmonitoring device or to the use by a new or used motor vehicle\n\ndealer or other motor vehicle creditor of a GPS device or other\n\nmonitoring device, including a device containing technology used to\n\nremotely disable the ignition of a motor vehicle, in connection with\n\nlawful action after default of the terms of a motor vehicle credit\n\nsale, loan or lease, and with the express written consent of the\n\nowner or lessee of the motor vehicle.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6e4bc28d991ae72ac3dbac17f711cbdeaaa1cf502b0e96b2237282e466170f35","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1173v1","next":"us-ok/okla.-stat.-tit.-21-21-1174"},"notice":"GroundRules: Original legal text. Not legal advice."}