{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-644v4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-644v4","heading":"Assault – Assault and battery – Domestic Abuse","body":"A. Assault shall be punishable by imprisonment in a county jail\n\nnot exceeding ninety (90) days, or by a fine 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 six (6) months, or by a fine not more than\n\nOne 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 guilty of a\n\nClass B5 felony offense and shall be punished by imprisonment in the\n\ncustody of the Department of Corrections for not more than four (4)\n\nyears, or by a fine not exceeding Five Thousand Dollars ($5,000.00),\n\nor by both such fine and imprisonment. The provisions of Section\n\n51.1 of this title shall apply to any second or 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 Class B3 felony\n\noffense punishable by imprisonment in the custody of the Department\n\nof Corrections 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\nClass A3 felony offense punishable by imprisonment in the custody of\n\nthe Department of Corrections not exceeding life. The provisions of\n\nSection 51.1 of this title shall apply to any second or subsequent\n\nconviction for a 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 Class B5 felony offense punishable by imprisonment in the custody\n\nof the Department 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 Class A3 felony offense punishable by\n\nimprisonment in the custody of the Department of Corrections for not\n\nless than ten (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\nClass A1 felony offense punishable by imprisonment in the custody of\n\nthe Department of 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 Class B3 felony offense and punished\n\nby imprisonment in the custody of the Department of Corrections for\n\nnot more than ten (10) years, or by imprisonment in the county jail\n\nfor not more than one (1) year. The provisions of Section 51.1 of\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 Class B3 felony offense and punished\n\nby imprisonment in the custody of the Department of Corrections for\n\nnot more than ten (10) years, or by imprisonment in the county jail\n\nfor not more than one (1) year. The provisions of Section 51.1 of\n\nthis title shall apply to any second or subsequent conviction of a\n\nviolation of this 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 guilty of a\n\nClass B5 felony offense and shall be punished by imprisonment in the\n\ncustody of the Department of Corrections for not less than one (1)\n\nyear nor more than five (5) years, or by a fine not exceeding Seven\n\nThousand Dollars ($7,000.00), or by both such fine and imprisonment.\n\nThe provisions of Section 51.1 of this title shall apply to any\n\nsecond or subsequent offense. For every conviction of a domestic\n\nabuse crime in violation of any provision of this section committed\n\nagainst an intimate partner or a family or household member as\n\ndefined by Section 60.1 of Title 22 of the Oklahoma Statutes, the\n\ncourt shall:\n\n1. Specifically order as a condition of a suspended or deferred\n\nsentence that a defendant participate in counseling or undergo\n\ntreatment to bring about the cessation of domestic abuse as\n\nspecified in paragraph 2 of this subsection;\n\n2. a. The court shall require the defendant to complete an\n\nassessment and follow the recommendations of a\n\nbatterers’ intervention program certified by the\n\nAttorney General. If the defendant is ordered to\n\nparticipate in a batterers’ intervention program, the\n\norder shall require the defendant to attend the\n\nprogram for a minimum of fifty-two (52) weeks,\n\ncomplete the program, and be evaluated before and\n\nafter 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\nb. A program for anger management, couples counseling, or\n\nfamily and marital counseling shall not solely qualify\n\nfor the counseling or treatment requirement for\n\ndomestic abuse pursuant to this subsection. The\n\ncounseling may be ordered in addition to counseling\n\nspecifically for the treatment of domestic abuse or\n\nper evaluation as set forth below. If, after\n\nsufficient evaluation and attendance at required\n\ncounseling sessions, the domestic violence treatment\n\nprogram or licensed professional determines that the\n\ndefendant does not evaluate as a perpetrator of\n\ndomestic violence or does evaluate as a perpetrator of\n\ndomestic violence and should complete other programs\n\nof treatment simultaneously or prior 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 or licensed\n\nprofessional;\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 participate in a domestic abuse counseling\npparent\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 or licensed\n\nprofessional;\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 participate in a domestic abuse counseling\n\nprogram or undergo treatment for domestic abuse to\n\nassure the attendance and compliance of the defendant\n\nwith the provisions of this subsection and the\n\ndomestic abuse counseling or treatment requirements.\n\nThe court may suspend sentencing of the defendant\n\nuntil the defendant has presented proof to the court\n\nof enrollment in a program of treatment for domestic\n\nabuse by an individual licensed practitioner or 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 counseling or treatment. At such time, the court\n\nmay complete sentencing, beginning the period of the\n\nsentence from the date that proof of enrollment is\n\npresented to the court, and schedule reviews as\n\nrequired by subparagraphs a and b of this paragraph\n\nand paragraphs 4 and 5 of this subsection. Three\n\nunexcused absences in succession or seven unexcused\n\nabsences in a period of fifty-two (52) weeks from any\n\ncourt-ordered domestic abuse counseling or treatment\n\nprogram shall be prima facie evidence of the violation\n\nof the conditions of probation for the district\n\nattorney to seek acceleration or revocation of any\n\nprobation entered by the court.\n\nb. The court shall set a second review hearing after the\n\ncompletion of the counseling or treatment to assure\n\nthe attendance and compliance of the defendant with\n\nthe provisions of this subsection and the domestic\n\nabuse counseling or treatment requirements. The court\n\nshall 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 domestic\n\nabuse counseling or treatment requirements;\n\n5. At any review hearing, if the defendant is not\n\nsatisfactorily attending individual counseling or a domestic abuse\n\ncounseling or treatment program or is not in compliance with any\n\ndomestic abuse counseling or treatment requirements, the court may\n\norder the defendant to further or continue counseling, treatment, or\n\nother necessary services. The court may revoke all or any part of a\n\nsuspended sentence, deferred sentence, or probation pursuant to\n\nSection 991b of Title 22 of the Oklahoma Statutes and subject the\n\ndefendant to any or all remaining portions 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 individual counseling, domestic abuse counseling, or\n\nthe treatment program. There shall be no requirement for the victim\n\nto 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.\ndistrict 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 counseling or 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 a\n\nClass B5 felony offense of domestic abuse by strangulation and shall\n\nbe punished by imprisonment in the custody of the Department of\n\nCorrections for a period not less than one (1) year nor more than\n\nten (10) years, or by a fine not more than Twenty Thousand Dollars\n\n($20,000.00), or by both such fine and imprisonment. The provisions\n\nof Section 51.1 of this title shall apply to any second or\n\nsubsequent conviction of a violation of this subsection. As used in\n\nthis 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\nutor 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":"fac32ea32d4509f7f3472add1b1dcca79f50d2c82195f86a78f956991e815846","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-644v3","next":"us-ok/okla.-stat.-tit.-21-21-645"},"notice":"GroundRules: Original legal text. Not legal advice."}