{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-142a-3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-142A-3","heading":"Informing victim of rights – Lethality assessment","body":"A. Upon the preliminary investigation of a violent crime, it\n\nshall be the duty of the peace officer who interviews the victim of\n\nsuch crime to inform the victim, or a responsible adult if the\n\nvictim is a minor child or an incompetent person, or the family\n\nmember who receives death notification in the case of a homicide, in\n\nwriting, of their rights as a crime victim. Written notification\n\nshall consist of handing the victim, responsible adult, if the\n\nvictim is a minor child or an incompetent person, or family member\n\nreceiving death notification, a preprinted card or brochure that, at\n\na minimum, includes the following information:\n\n1. A statement that reads, \"As a victim of crime, you have\n\ncertain rights\";\n\n2. Telephone and address information for the local District\n\nAttorney Victim-Witness Coordinator; and\n\n3. The website address where victims can access a full list of\n\ntheir rights, additional information, and how to apply for crime\n\nvictim compensation assistance.\n\nB. A victim of domestic abuse has the right to be informed by\n\nthe first peace officer who interviews the victim of domestic abuse\n\nof the twenty-four-hour statewide telephone communication service\n\nestablished by Section 18p-5 of Title 74 of the Oklahoma Statutes\n\nand to give notice to the victim of certain rights. The notice\n\nshall consist of handing such victim the following statement:\n\n\"As a victim of domestic abuse, you have certain rights. These\n\nrights are as follows:\n\n1. The right to request that charges be pressed against your\n\nassailant;\n\n2. The right to request protection from any harm or threat of\n\nharm arising out of your cooperation with law enforcement and\n\nprosecution efforts as far as facilities are available and to be\n\nprovided with information on the level of protection available;\n\n3. The right to be informed of financial assistance and other\n\nsocial services available as a result of being a victim including\n\ninformation on how to apply for the assistance and services; and\n\n4. The right to file a petition for a protective order or, when\n\nthe domestic abuse occurs when the court is not open for business,\n\nto request an emergency temporary protective order.\"\n\nC. The victim of sexual assault, as defined in Section 142.20\n\nof this title, has the right to be informed by the peace officer who\n\ninterviews the victim of sexual assault, or a responsible adult if\n\nthe victim is a minor child or an incompetent person, of the twenty-\n\nfour-hour statewide telephone communication service established by\n\nthe Office of the Attorney General for victims of sexual assault\n\npursuant to Section 18p-5 of Title 74 of the Oklahoma Statutes and\n\nto give notice to the victim or such responsible adult of certain\n\nrights of the victim. The notice shall consist of handing such\n\nvictim or responsible adult a written statement in substantially the\n\nfollowing form:\n\n\"As a victim of sexual assault, you have certain rights. These\n\nrights are as follows:\n\n1. The right to request that charges be pressed against your\n\nassailant;\n\n2. The right to request protection from any harm or threat of\n\nharm arising out of your cooperation with law enforcement and\n\nprosecution efforts as far as facilities are available and to be\n\nprovided with information on the level of protection available;\n\n3. The right to be informed of financial assistance and other\n\nsocial services available to victims including information on how to\n\napply for the assistance and services;\n\n4. The right to a free forensic medical examination;\n\n5. The right to be informed by the district attorney of other\n\nvictim's rights available pursuant to Section 142A-2 of this title;\n\n6. The right to speak with a sexual assault victims' advocate;\n\n7. The right to request and receive the status and results of\n\nthe analysis of the sexual assault forensic evidence; and\nthe assistance and services;\n\n4. The right to a free forensic medical examination;\n\n5. The right to be informed by the district attorney of other\n\nvictim's rights available pursuant to Section 142A-2 of this title;\n\n6. The right to speak with a sexual assault victims' advocate;\n\n7. The right to request and receive the status and results of\n\nthe analysis of the sexual assault forensic evidence; and\n\n8. The right to request a copy of the police report.\"\n\nD. Upon the preliminary investigation of a domestic violence\n\ncrime involving intimate partner violence, the first peace officer\n\nwho interviews the victim of domestic abuse shall assess the\n\npotential for danger by asking a series of questions provided on a\n\nlethality assessment form available on the Oklahoma Attorney General\n\nwebsite. The lethality assessment form shall include the following\n\nquestions:\n\n1. Has the person ever used a weapon against the victim or\n\nthreatened the victim with a weapon?\n\n2. Has the person threatened to kill the victim or children of\n\nthe victim?\n\n3. Does the victim think the person will try to kill the\n\nvictim?\n\n4. Has the person ever tried to choke the victim?\n\n5. Is the person violently or constantly jealous or does the\n\nperson control most of the daily activities of the victim?\n\n6. Has the victim left or separated from the person after\n\nliving together or being married?\n\n7. Is the person unemployed?\n\n8. Has the person ever tried to kill himself or herself?\n\n9. Does the victim have a child that the person knows is not\n\nhis or her own child?\n\n10. Does the person follow or spy on the victim or leave the\n\nvictim threatening messages?\n\n11. Is there anything else that worries the victim about his or\n\nher safety and if so, what worries the victim?\n\nE. If the results of the lethality assessment indicate a\n\nreferral is suggested, the assessing officer shall implement the\n\nprotocol referral process to a domestic violence advocate from a\n\ncertified or tribal program as follows:\n\n1. Advise the victim of the results of the assessment;\n\n2. Advise the victim that based on the results of the\n\nassessment the officer will call the domestic violence hotline to\n\nallow the victim to speak with an advocate;\n\n3. If the victim does not want to speak with an advocate, the\n\nofficer shall document the refusal on the form.\n\nF. Regardless of the results of the lethality assessment,\n\nreferral information for shelters, domestic violence programs and\n\nother social services shall be provided to the victim.","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":"5139d2047ecfd9e144ae56c70bba2fa1cd60871428f3637be13c9b285e572598","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-142a-2","next":"us-ok/okla.-stat.-tit.-21-21-142a-4"},"notice":"GroundRules: Original legal text. Not legal advice."}
