{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-644v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-644v2","heading":"Assault - Assault and battery - Domestic abuse","body":"A. Assault shall be punishable by imprisonment in a county jail\n\nnot exceeding thirty (30) days, or by a fine of not more than Five\n\nHundred Dollars ($500.00), or by both such fine and imprisonment.\n\nB. Assault and battery shall be punishable by imprisonment in a\n\ncounty jail not exceeding ninety (90) days, or by a fine of not more\n\nthan One Thousand Dollars ($1,000.00), or by both such fine and\n\nimprisonment.\n\nC. Any person who commits any assault and battery against a\n\ncurrent or former intimate partner or a family or household member\n\nas defined by Section 60.1 of Title 22 of the Oklahoma Statutes\n\nshall be guilty of domestic abuse. Upon conviction, the defendant\n\nshall be punished by imprisonment in the county jail for not more\n\nthan one (1) year, or by a fine not exceeding Five Thousand Dollars\n\n($5,000.00), or by both such fine and imprisonment. Upon conviction\n\nfor a second or subsequent offense, the person shall be punished by\n\nimprisonment in the custody of the Department of Corrections for not\n\nmore than four (4) years, or by a fine not exceeding Five Thousand\n\nDollars ($5,000.00), or by both such fine and imprisonment. The\n\nprovisions of Section 51.1 of this title shall apply to any second\n\nor subsequent offense.\n\nD. 1. Any person who, with intent to do bodily harm and\n\nwithout justifiable or excusable cause, commits any assault,\n\nbattery, or assault and battery upon an intimate partner or a family\n\nor household member as defined by Section 60.1 of Title 22 of the\n\nOklahoma Statutes with any sharp or dangerous weapon, upon\n\nconviction, is guilty of domestic assault or domestic assault and\n\nbattery with a dangerous weapon which shall be a felony and\n\npunishable by imprisonment in the custody of the Department of\n\nCorrections not exceeding ten (10) years, or by imprisonment in a\n\ncounty jail not exceeding one (1) year. The provisions of Section\n\n51.1 of this title shall apply to any second or subsequent\n\nconviction for a violation of this paragraph.\n\n2. Any person who, without such cause, shoots an intimate\n\npartner or a family or household member as defined by Section 60.1\n\nof Title 22 of the Oklahoma Statutes by means of any deadly weapon\n\nthat is likely to produce death shall, upon conviction, be guilty of\n\ndomestic assault and battery with a deadly weapon which shall be a\n\nfelony punishable by imprisonment in the custody of the Department\n\nof Corrections not exceeding life. The provisions of Section 51.1\n\nof this title shall apply to any second or subsequent conviction for\n\na violation of this paragraph.\n\nE. 1. Any person convicted of domestic abuse committed against\n\na pregnant woman with knowledge of the pregnancy shall be guilty of\n\na felony, punishable by imprisonment in the custody of the\n\nDepartment of Corrections for not more than five (5) years.\n\n2. Any person convicted of a second or subsequent offense of\n\ndomestic abuse against a pregnant woman with knowledge of the\n\npregnancy shall be guilty of a felony, punishable by imprisonment in\n\nthe custody of the Department of Corrections for not less than ten\nall be guilty of\n\na felony, punishable by imprisonment in the custody of the\n\nDepartment of Corrections for not more than five (5) years.\n\n2. Any person convicted of a second or subsequent offense of\n\ndomestic abuse against a pregnant woman with knowledge of the\n\npregnancy shall be guilty of a felony, punishable by imprisonment in\n\nthe custody of the Department of Corrections for not less than ten\n\n(10) years.\n\n3. Any person convicted of domestic abuse committed against a\n\npregnant woman with knowledge of the pregnancy and a miscarriage\n\noccurs or injury to the unborn child occurs shall be guilty of a\n\nfelony, punishable by imprisonment in the custody of the Department\n\nof Corrections for not less than twenty (20) years.\n\nF. Any person convicted of domestic abuse as defined in\n\nsubsection C of this section that results in great bodily injury to\n\nthe victim shall be guilty of a felony and punished by imprisonment\n\nin the custody of the Department of Corrections for not more than\n\nten (10) years, or by imprisonment in the county jail for not more\n\nthan one (1) year. The provisions of Section 51.1 of this title\n\nshall apply to any second or subsequent conviction of a violation of\n\nthis subsection.\n\nG. Any person convicted of domestic abuse as defined in\n\nsubsection C of this section that was committed in the presence of a\n\nchild shall be punished by imprisonment in the county jail for not\n\nless than six (6) months nor more than one (1) year, or by a fine\n\nnot exceeding Five Thousand Dollars ($5,000.00), or by both such\n\nfine and imprisonment. Any person convicted of a second or\n\nsubsequent domestic abuse as defined in subsection C of this section\n\nthat was committed in the presence of a child shall be punished by\n\nimprisonment in the custody of the Department of Corrections for not\n\nless than one (1) year nor more than five (5) years, or by a fine\n\nnot exceeding Seven Thousand Dollars ($7,000.00), or by both such\n\nfine and imprisonment. The provisions of Section 51.1 of this title\n\nshall apply to any second or subsequent offense. For every\n\nconviction of a domestic abuse crime in violation of any provision\n\nof this section committed against an intimate partner or a family or\n\nhousehold member as defined by Section 60.1 of Title 22 of the\n\nOklahoma Statutes, the court shall:\n\n1. Specifically order as a condition of a suspended or deferred\n\nsentence that a defendant undergo treatment to bring about the\n\ncessation of domestic abuse as specified in paragraph 2 of this\n\nsubsection;\n\n2. a. The court shall require the defendant to complete an\n\nassessment and follow the recommendations of a\n\nbatterers’ intervention program to attend a fifty-two-\n\nweek batterers’ intervention program or a pilot\n\nbatterers’ intervention program, if available,\n\ncertified by the Attorney General.\n\nb. If the defendant participates in a batterers’\n\nintervention program, the program shall require the\n\ndefendant to attend for a minimum of fifty-two (52)\n\nweeks, complete the program, and be evaluated before\n\nand after attendance of the program by program staff.\n\nThree unexcused absences in succession or seven\n\nunexcused absences in a period of fifty-two (52) weeks\n\nfrom any court-ordered batterers’ intervention program\n\nshall be prima facie evidence of the violation of the\n\nconditions of probation for the district attorney to\n\nseek acceleration or revocation of any probation\n\nentered by the court.\n\nc. To investigate the effectiveness of additional\n\nbatterers’ intervention models, the Attorney General,\n\nbeginning February 1, 2026, may certify two pilot\n\nbatterers’ intervention programs for a period of\n\nthirty-six (36) months located in Oklahoma and Tulsa\n\nCounties. Proposals for certification as a pilot\n\nbatterers’ intervention program may be approved only\n\nif made by an organization that was dually certified\n\nas a batterers’ intervention program and a domestic\ntion models, the Attorney General,\n\nbeginning February 1, 2026, may certify two pilot\n\nbatterers’ intervention programs for a period of\n\nthirty-six (36) months located in Oklahoma and Tulsa\n\nCounties. Proposals for certification as a pilot\n\nbatterers’ intervention program may be approved only\n\nif made by an organization that was dually certified\n\nas a batterers’ intervention program and a domestic\n\nviolence and sexual assault program on or before\n\nJanuary 1, 2025, or by an organization certified as a\n\nbatterers’ intervention program on or before January\n\n1, 2025, pursuant to a written agreement with an\n\norganization certified as a domestic violence and\n\nsexual assault program on or before January 1, 2025.\n\nTreatment provided through a pilot batterers’\n\nintervention program shall be evidence-based and shall\n\nbe a minimum of twenty-six (26) weeks’ duration.\n\nParticipation in a pilot batterers’ intervention\n\nprogram shall be limited to fifty participants at any\n\ngiven time. Pilot batterers’ intervention programs\n\nshall be self-funded, including any fees which may be\n\ncharged to the participants; provided, however, state\n\nor federal funding may continue for domestic violence\n\nand sexual abuse programs.\n\nd. The Office of the Attorney General shall promulgate\n\nrules for pilot batterers’ intervention programs in\n\nconsultation with domestic violence and batterers’\n\nintervention programs or advocacy organizations.\n\nThe Attorney General shall establish within his or her\n\nadministrative rules a screening and referral process\n\nto review referrals to the pilot batterers’\n\nintervention programs; provided, however, individuals\n\nconvicted of domestic abuse with a dangerous weapon or\n\ndomestic abuse by strangulation shall not be eligible\n\nto participate in the pilot program. The Attorney\n\nGeneral shall require reporting of data necessary for\n\nevaluation of the pilot programs. The pilot programs\n\nshall provide the Attorney General with annual updates\n\nand at the end of a pilot program term, a formal\n\nevaluation shall be done by a third party agreed upon\n\nby the Attorney General and the pilot program\n\noperator.\n\ne. All participants in the pilot program shall be subject\n\nto a validated risk assessment conducted by a\n\nqualified professional. The results of the assessment\n\nshall be used to determine program placement based on\n\nthe level of risk and individual circumstances.\n\nParticipation in any shared or joint setting by both\n\nthe survivor and the individual who has caused harm\n\nshall be prohibited under a pilot program. The\n\nAttorney General shall adopt rules to implement this\n\nsubparagraph, including standards for risk assessment\n\ntools and differentiated response models.\n\nf. The Attorney General may provide by rule for extension\n\nof no more than twenty-four (24) months beyond thirty-\n\nsix (36) months of a pilot batterers’ intervention\n\nprogram if recommended by the third-party evaluator.\n\ng. Pilot batterers’ intervention programs shall:\n\n(1) prioritize survivors’ well-being in every part of\n\nthe pilot program including screening,\n\nparticipation, reporting, and evaluation,\n\n(2) ensure that batterers’ intervention programs use\n\nappropriate intervention strategies to assist the\n\nbatterer in fostering the appropriate skills to:\n\n(a) stop the violence committed by the batterer,\n\n(b) accept personal accountability for battering\n\nand personal responsibility for the decision\n\nto stop or not to stop battering, and\n\n2) ensure that batterers’ intervention programs use\n\nappropriate intervention strategies to assist the\n\nbatterer in fostering the appropriate skills to:\n\n(a) stop the violence committed by the batterer,\n\n(b) accept personal accountability for battering\n\nand personal responsibility for the decision\n\nto stop or not to stop battering, and\n\n(c) change the existing attitudes and beliefs of\n\nthe batterer that support the coercive\n\nbehavior of the batterer,\n\n(3) address all forms of battering,\n\n(4) be culturally informed and provide culturally\n\nappropriate services to all participants,\n\n(5) provide services that are affordable and\n\naccessible for participants, including\n\nparticipants with disabilities and limited\n\nEnglish proficiency,\n\n(6) provide a uniform standard for evaluating the\n\nperformance of a batterers’ intervention program,\n\n(7) be informed by evidence-based practice, research,\n\nand proven field experience, including risk\n\nassessment, that enhances victim safety,\n\n(8) foster local and statewide communication and\n\ninteraction between and among batterers’\n\nintervention programs and victim advocacy\n\nprograms, and\n\n(9) ensure that batterers’ intervention programs\n\noperate as an integrated part of the wider\n\ncommunity response to battering.\n\nh. A program for anger management, couples counseling, or\n\nfamily and marital counseling shall not solely qualify\n\nfor the treatment requirement for domestic abuse\n\npursuant to this subsection. The counseling may be\n\nordered in addition to the treatment of domestic abuse\n\nor per evaluation as set forth below. If, after\n\nsufficient evaluation and attendance at required\n\ntreatment sessions, the domestic violence treatment\n\nprogram determines that the defendant does not\n\nevaluate as a perpetrator of domestic violence or does\n\nevaluate as a perpetrator of domestic violence and\n\nshould complete other programs of treatment\n\nsimultaneously or prior to or subsequent to domestic\n\nviolence treatment, including but not limited to\n\nprograms related to the mental health, apparent\n\nsubstance or alcohol abuse or inability or refusal to\n\nmanage anger, the defendant shall be ordered to\n\ncomplete the counseling as per the recommendations of\n\nthe domestic violence treatment program;\n\n3. a. The court shall set a review hearing no more than one\n\nhundred twenty (120) days after the defendant is\n\nordered to undergo treatment for domestic abuse to\n\nassure the attendance and compliance of the defendant\n\nwith the provisions of this subsection. The court may\n\ndelay sentencing of the defendant until the defendant\n\nhas presented proof to the court of enrollment in a\n\ndomestic abuse treatment program certified by the\n\nAttorney General and attendance at weekly sessions of\n\nsuch program. Such proof shall be presented to the\n\ncourt by the defendant no later than one hundred\n\ntwenty (120) days after the defendant is ordered to\n\nsuch treatment. At such time, the court may complete\n\nsentencing, beginning the period of the sentence from\n\nthe date that proof of enrollment is presented to the\n\ncourt, and schedule reviews as required by\n\nsubparagraphs a and b of this paragraph and paragraphs\n\n4 and 5 of this subsection. Three unexcused absences\n\nin succession or seven unexcused absences in a period\n\nof fifty-two (52) weeks from any court-ordered\n\ntreatment program shall be prima facie evidence of the\n\nviolation of the conditions of probation for the\n\ndistrict attorney to seek acceleration or revocation\n\nof any probation entered by the court.\n\nb. The court shall set a second review hearing after the\n\ncompletion of the treatment to assure the attendance\n\nand compliance of the defendant with the provisions of\n\nthis subsection and the treatment requirements. The\n\ncourt shall retain continuing jurisdiction over the\n\ndefendant during the course of ordered counseling\n\nthrough the final review hearing;\nof any probation entered by the court.\n\nb. The court shall set a second review hearing after the\n\ncompletion of the treatment to assure the attendance\n\nand compliance of the defendant with the provisions of\n\nthis subsection and the treatment requirements. The\n\ncourt shall retain continuing jurisdiction over the\n\ndefendant during the course of ordered counseling\n\nthrough the final review hearing;\n\n4. The court may set subsequent or other review hearings as the\n\ncourt determines necessary to assure the defendant attends and fully\n\ncomplies with the provisions of this subsection and the treatment\n\nrequirements;\n\n5. At any review hearing, if the defendant is not\n\nsatisfactorily attending a treatment program or is not in compliance\n\nwith treatment requirements, the court may order the defendant to\n\nfurther or continue treatment or other necessary services. The\n\ncourt may revoke all or any part of a suspended sentence, deferred\n\nsentence, or probation pursuant to Section 991b of Title 22 of the\n\nOklahoma Statutes and subject the defendant to any or all remaining\n\nportions of the original sentence;\n\n6. At the first review hearing, the court shall require the\n\ndefendant to appear in court. Thereafter, for any subsequent review\n\nhearings, the court may accept a report on the progress of the\n\ndefendant from the treatment program. There shall be no requirement\n\nfor the victim to attend review hearings; and\n\n7. If funding is available, a referee may be appointed and\n\nassigned by the presiding judge of the district court to hear\n\ndesignated cases set for review under this subsection. Reasonable\n\ncompensation for the referees shall be fixed by the presiding judge.\n\nThe referee shall meet the requirements and perform all duties in\n\nthe same manner and procedure as set forth in Sections 1-8-103 and\n\n2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees\n\nappointed in juvenile proceedings.\n\nThe defendant may be required to pay all or part of the cost of\n\nthe treatment, in the discretion of the court.\n\nH. As used in subsection G of this section, “in the presence of\n\na child” means in the physical presence of a child; or having\n\nknowledge that a child is present and may see or hear an act of\n\ndomestic violence. For the purposes of subsections C and G of this\n\nsection, “child” may be any child whether or not related to the\n\nvictim or the defendant.\n\nI. For the purposes of subsections C and G of this section, any\n\nconviction for assault and battery against an intimate partner or a\n\nfamily or household member as defined by Section 60.1 of Title 22 of\n\nthe Oklahoma Statutes shall constitute a sufficient basis for a\n\nfelony charge:\n\n1. If that conviction is rendered in any state, county or\n\nparish court of record of this or any other state; or\n\n2. If that conviction is rendered in any municipal court of\n\nrecord of this or any other state for which any jail time was\n\nserved; provided, no conviction in a municipal court of record\n\nentered prior to November 1, 1997, shall constitute a prior\n\nconviction for purposes of a felony charge.\n\nJ. Any person who commits any assault and battery by\n\nstrangulation or attempted strangulation against an intimate partner\n\nor a family or household member as defined by Section 60.1 of Title\n\n22 of the Oklahoma Statutes shall, upon conviction, be guilty of\n\ndomestic abuse by strangulation and shall be punished by\n\nimprisonment in the custody of the Department of Corrections for a\n\nperiod of not less than one (1) year nor more than three (3) years,\n\nor by a fine of not more than Three Thousand Dollars ($3,000.00), or\n\nby both such fine and imprisonment. Upon a second or subsequent\n\nconviction for a violation of this section, the defendant shall be\n\npunished by imprisonment in the custody of the Department of\n\nCorrections for a period of not less than three (3) years nor more\n\nthan ten (10) years, or by a fine of not more than Twenty Thousand\nor by a fine of not more than Three Thousand Dollars ($3,000.00), or\n\nby both such fine and imprisonment. Upon a second or subsequent\n\nconviction for a violation of this section, the defendant shall be\n\npunished by imprisonment in the custody of the Department of\n\nCorrections for a period of not less than three (3) years nor more\n\nthan ten (10) years, or by a fine of not more than Twenty Thousand\n\nDollars ($20,000.00), or by both such fine and imprisonment. The\n\nprovisions of Section 51.1 of this title shall apply to any second\n\nor subsequent conviction of a violation of this subsection. As used\n\nin this subsection, “strangulation” means any form of asphyxia;\n\nincluding, but not limited to, asphyxia characterized by closure of\n\nthe blood vessels or air passages of the neck as a result of\n\nexternal pressure on the neck or the closure of the nostrils or\n\nmouth as a result of external pressure on the head.\n\nK. Any district court of this state and any judge thereof shall\n\nbe immune from any liability or prosecution for issuing an order\n\nthat requires a defendant to:\n\n1. Attend a treatment program for domestic abusers certified by\n\nthe Attorney General;\n\n2. Attend counseling or treatment services ordered as part of\n\nany suspended or deferred sentence or probation; and\n\n3. Attend, complete, and be evaluated before and after\n\nattendance by a treatment program for domestic abusers, certified by\n\nthe Attorney General.\n\nL. There shall be no charge of fees or costs to any victim of\n\ndomestic violence, stalking, or sexual assault in connection with\n\nthe prosecution of a domestic violence, stalking, or sexual assault\n\noffense in this state.\n\nM. In the course of prosecuting any charge of domestic abuse,\n\nstalking, harassment, rape, or violation of a protective order, the\n\nprosecutor shall provide the court, prior to sentencing or any plea\n\nagreement, a local history and any other available history of past\n\nconvictions of the defendant within the last ten (10) years relating\n\nto domestic abuse, stalking, harassment, rape, violation of a\n\nprotective order, or any other violent misdemeanor or felony\n\nconvictions.\n\nN. Any plea of guilty or finding of guilt for a violation of\n\nsubsection C, F, G, I or J of this section shall constitute a\n\nconviction of the offense for the purpose of this act or any other\n\ncriminal statute under which the existence of a prior conviction is\n\nrelevant for a period of ten (10) years following the completion of\n\nany court imposed probationary term; provided, the person has not,\n\nin the meantime, been convicted of a misdemeanor involving moral\n\nturpitude or a felony.\n\nO. For purposes of subsection F of this section, “great bodily\n\ninjury” means bone fracture, protracted and obvious disfigurement,\n\nprotracted loss or impairment of the function of a body part, organ\n\nor mental faculty, or substantial risk of death.\n\nP. Any pleas of guilty or nolo contendere or finding of guilt\n\nto a violation of any provision of this section shall constitute a\n\nconviction of the offense for the purpose of any subsection of this\n\nsection under which the existence of a prior conviction is relevant\n\nfor a period of ten (10) years following the completion of any\n\nsentence or court imposed probationary term.","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":"1e11c0b3dc407ad942c9ae58620eda2f99a0584aa28eb31f39f8a6525d513acd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-644v1","next":"us-ok/okla.-stat.-tit.-21-21-644v3"},"notice":"GroundRules: Original legal text. Not legal advice."}