Harboring a Fugitive & Aiding a Sex Offender in Oklahoma – Law & Penalty

Harboring a Fugitive

harboring a fugitive criminal defense attorney oklahomaIt’s illegal to knowingly

  • feed,
  • lodge,
  • clothe,
  • arm,
  • equip in whole or in part,
  • harbor,
  • aid,
  • assist, or
  • conceal

in any manner any

  • person guilty of any felony, or
  • outlaw, or
  • fugitive from justice, or
  • any person seeking to escape arrest for any felony committed within Oklahoma or any other state or territory.

This crime is a felony. The maximum punishment in the Department of Corrections is ten years.

Charged with harboring a fugitive in Oklahoma? Get a free case consultation.

Aiding a Sex Offender

It’s illegal for any person who has reason to believe that a sex offender is in violation of the registration requirements of the Sex Offenders Registration Act and who has the intent to assist the sex offender in eluding arrest, to do any of the following:

  1. Withhold information from, or fail to notify, a law enforcement agency about the noncompliance of the sex offender with the registration requirements of the Sex Offenders Registration Act, and, if known, the whereabouts of the offender;
  2. Harbor, attempt to harbor, or assist another person in harboring or attempting to harbor, the sex offender;
  3. Conceal, or attempt to conceal, or assist another person in concealing or attempting to conceal, the sex offender; or
  4. Provide information to a law enforcement agency regarding the sex offender that the person knows to be false information.

This crime is a misdemeanor. The maximum punishment in jail is one year. The minimum fine is $500.

Charged with aiding a sex offender in Oklahoma? Get a free case consultation.

Concealment of an Escaped Prisoner

It’s a misdemeanor to knowingly conceal any prisoner who has been confined in prison upon a charge or conviction of misdemeanor and escaped. The maximum punishment in jail is one year. The maximum fine is $500.

Attempting Escape From Prison

Any prisoner who is confined to the Department of Corrections for a term less than life and attempts by force or fraud to unsuccessfully escape from prison commits a felony. The maximum punishment in the Department of Corrections is two years. The maximum fine is $1,000.

Attempting Escape From Jail

Any prisoner confined in any other prison than the Department of Corrections, who attempts by force or fraud, although unsuccessfully, to escape from jail commits a felony. It is punishable by imprisonment in a county jail not exceeding one year, to commence from the expiration of the original term of imprisonment.

Assisting the Escape of a Prisoner

It’s illegally to willfully assist someone confined in jail or prison to escape. The crime is a felony if the prisoner was confined for a felony. The maximum punishment in the Department of Corrections is ten years. It’s a misdemeanor if the prisoner was confined for a misdemeanor. The maximum punishment in jail is one year, and the maximum fine is $500.

Providing Prisoner Useful Aids to Escape

It’s illegal to carry or send anything into a prison that may be useful to aid the prisoner in making his or her escape with the intent to facilitate the escape of that prisoner. If the prisoner was confined for a felony, then the crime is a felony. The maximum punishment in the Department of Corrections is ten years. If the prisoner was confined for a misdemeanor, then the crime is a misdemeanor. The maximum punishment in jail is one year, and the maximum fine is $500.

Assisting Prisoner in Escape from Officer

It’s illegal to willfully assist any prisoner in escaping or attempting to escape from the custody of any officer or person having the lawful charge of such prisoner under any process of law or under any lawful arrest. This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $500.

Escape From Custody

It’s a felony for any person having been imprisoned in a county or city jail awaiting charges on a felony offense or prisoner awaiting trial or having been sentenced on a felony charge to the custody of the Department of Corrections or any other prisoner having been lawfully detained to escape from a county or city jail, either while actually confined to it, while permitted to be at large as a trusty, or while awaiting transportation to a Department of Corrections facility for execution of sentence. This crime is a felony. The range of punishment in the Department of Corrections is one-seven years.

It’s a felony for any inmate in the custody of the Department of Corrections to escape from said custody, either while actually confined in a correctional facility, while assigned to an alternative to incarceration authorized by law, while assigned to the Preparole Conditional Supervision Program, or while permitted to be at large as a trusty. This crime is a felony. The range of punishment in the Department of Corrections is two-seven years.

Escape From Alternative to Incarceration

An inmate assigned to an alternative to incarceration authorized by law or to the Preparole Conditional Supervision Program will be considered to have escaped if the inmate cannot be located within a 24-hour period or if he or she fails to report to a correctional facility or institution, as directed. This includes any person escaping by absconding from an electronic monitoring device or absconding after removing an electronic monitoring device from their body.

Sentence Enhancement

If the individual who escapes has felony convictions for offenses other than the offense for which the person was serving imprisonment at the time of the escape, those previous felony convictions may be used for enhancement of punishment. The fact that any such convictions may have been used to enhance punishment in the sentence for the offense for which the person was imprisoned at the time of the escape will not prevent such convictions from being used to enhance punishment for the escape.

Juvenile or Youthful Offender Escape From Custody

It’s a crime for any juvenile or youthful offender lawfully placed in a juvenile detention facility or secure juvenile facility, other than a community intervention center, to escape from the facility while actually confined to it, to escape while escorted by a transportation officer, or to escape while permitted to be on an authorized pass or work program outside the facility.  This crime is a felony. The range of punishment in the Department of Corrections is one-three years.

A juvenile or youthful offender permitted to be on an authorized pass or work program will be considered to have escaped if the juvenile or youthful offender cannot be located within a 24-hour period or if the juvenile or youthful offender fails to report to the facility at the specified time, and will include any juvenile or youthful offender escaping by absconding from an electronic monitoring device or absconding after removing an electronic monitoring device from the body of the juvenile or youthful offender.

“Escape” means a juvenile or youthful offender in lawful custody who has absented himself or herself without official permission from a facility or secure placement, during transport to or from such facility, or failure to return from a pass issued by a facility.

Sources: 21 O.S. §§ 443, 442, 439, 434, 436, 437, 438, 441, & 440

Current as of May 10 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with harboring a fugitive or aiding a sex offender in Oklahoma? Call Oklahoma criminal defense attorney Frank Urbanic in OKC for a free consultation.

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