Author: Frank Urbanic

Weed-banner

Can I Get A Gun License In Oklahoma If I Have A Medical Marijuana Card?

oklahoma gun permit marijuana card

Under the language enacted by SQ 788, a medical marijuana license holder may have and be issued a gun license. Section 245A in Title 63 of the Oklahoma Statutes states, “No person holding a medical marijuana license may unduly be withheld from holding a state issued license by virtue of their being a medical marijuana license holder. This would include such things as a concealed carry permit.” A concealed carry permit is now referred to as a handgun permit.

It’s believed that the new medical marijuana law overrides language in 21 O.S § 1290.10. It says that someone may not have a gun license if that person is ineligible to possess a pistol due to any provision of Oklahoma or U.S. law, except for felons who have been pardoned. Federal law states that anyone who is a user of a substance that the federal government considers illegal (which currently still includes marijuana) may not legally possess a gun or ammunition. Since this law is so new, the courts may ultimately have to decide this issue.

Even if you’re allowed to get a gun permit as a medical marijuana license holder under this new law, you still can’t legally possess a firearm or ammunition. Firearms dealers may not sell a gun or ammunition to anyone they have reason to believe is an illegal drug user (per federal law). Possession of a medical marijuana license would give a firearms dealer sufficient reason to believe someone is an illegal drug user (under federal law).

Would The OSBI Or A Gun Dealer Know That I Have A Medical Marijuana License?

It is unlikely that the OSBI or firearms dealers would know whether you had a medical marijuana license. This is due to the protections in 63 O.S. § 420A. It states that “The State Department of Health will ensure that all application records and information are sealed to protect the privacy of medical license applicants.” Therefore, we can assume that medical marijuana license information will remain private to everyone unless the individual discloses their status. The only way a firearms dealer would know that you have a medical marijuana license is if you told them about your medical marijuana license or used your medical marijuana license as a form of identification.

SOURCES: 18 U.S.C. § 922, ATF Form 4473, 18 U.S.C. § 924, & ATF 2011 Letter

Charged with a marijuana crime? Call Oklahoma marijuana defense attorney Frank Urbanic.

Don’t panic!

Call Urbanic.®

405-633-3420

Can I Have A Gun If I Have A Medical Marijuana License In Oklahoma?

oklahoma medical marijuana

On June 26, 2018, voters in Oklahoma overwhelmingly approved medical marijuana by approving SQ 788. The legality of having a gun while possessing a medical marijuana license became a hot topic immediately after the vote. According to federal law, it’s illegal to possess a gun if you are a medical marijuana license holder regardless of state law.

The federal law that controls this issue is 18 U.S.C. § 922. Subsection (g) states that it’s unlawful for “any person who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” Succinctly, anyone who illegally uses any drug defined as a controlled substance by the federal government cannot possess a gun. Marijuana is a Schedule I substance on the federal schedule, so the federal government considers every user of marijuana an illegal use of a controlled substance. Possessing a state license for medical marijuana doesn’t make somebody a legal marijuana user in the eyes of the federal government. Note that you don’t have to be an addict for this statute to apply—merely a user.

Possessing a gun or ammunition as a user of illegal drugs is a felony. The maximum punishment in federal prison is ten years. Furthermore, it’s illegal “for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person . . . is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).” Succinctly, it’s illegal to sell or transfer a gun to someone you reasonably believe is an illegal drug user. What could give someone the reasonable belief that you’re an illegal drug user? A medical marijuana license! The Bureau of Alcohol, Tobacco, Firearms and Explosives stated in a 2011 letter that if a transferor knows that a potential transferee of a firearm possesses a card authorizing the possession and use of marijuana under state law, then the transferor has “reasonable cause to believe” that the person trying to get the firearm is an unlawful user of a controlled substance. The ATF further stated that “any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition.”

Knowingly transferring a firearm or ammunition to a user of illegal drugs is a felony. The maximum punishment in federal prison is ten years.

If you buy a gun, you have to fill out ATF Form 4473, Firearms Transaction Record. Question 11e asks, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” And right after that question, it has in bold print “Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.” A gun seller may not legally sell a gun to anyone who checks “yes” to that question.

The bottom line is that you lose your gun rights if you use marijuana—whether it’s illegally or under a state-sanctioned medical marijuana program. Nobody may legally sell a gun or ammunition to someone they reasonably believe uses marijuana. Therefore, individuals seeking a medical marijuana license will have to weigh the risks and benefits of that course of action.

As more states legalize marijuana for both recreational and medicinal use, something clearly needs to give here. Oklahoma’s approval of medical marijuana has been called a tipping point in the legalization of marijuana, and more states will follow. For now, however, it’s a federal crime to own a gun and use marijuana, and it’s a federal crime to transfer a gun to a marijuana user. The federal government must remove the threat of violating a federal law from otherwise law-abiding citizens and remove marijuana from the list of controlled substances.

SOURCES: 18 U.S.C. § 922, ATF Form 4473, 18 U.S.C. § 924, & ATF 2011 Letter

If you’ve been arrested for marijuana,

Don’t panic!

Call Urbanic.®

405-633-3420

New Oklahoma Criminal Laws In 2017 – Summary

These are the significant Oklahoma criminal laws that went into effect in 2017:

  1. SQ 780 Makes Simple Possession Of All Drugs A Misdemeanor
  2. Illegal To Practice Massage Therapy Without A License
  3. Seduction & Slander Now Legal
  4. Presentence Investigation Changes
  5. Left Lane Only For Passing
  6. Minors Prohibited From Using Tanning Facilities
  7. Military 21 & Older Can Carry Handgun Without Permit
  8. Change To Statute Of Limitations For Child Sexual Abuse Victims
  9. Oklahoma Legislature Jacks Up More Fees On Defendants
  10. Domestic Abuse Victims Can Transfer Wireless Phone Numbers & Utilities
  11. All Rape By Instrumentation Is Now First Degree Rape
  12. Statute Of Limitations Change For Sexual Crimes Against Children
  13. Must Instruct Jury On Definition Of Consent In Sex Crime Cases
  14. Sex Offender Registration Requirements Change
  15. Charging State Subcontractors With Sex Crimes
  16. Harsher Punishment For Cop Killers
  17. Risk And Needs Assessment For Prisoners
  18. Marijuana Definition Changed
  19. New Drugs Added To Schedules
  20. Self-Defense Exception Added To Pointing A Weapon
  21. Handguns In Courthouses
  22. New Prohibited Areas For Carrying Handguns
  23. Military Gets Handgun License
  24. Motorcycle Concealed Carry
  25. Handgun Added To Definitions In Self-Defense and Firearms Acts
  26. Immunity For Business Owners For Weapons While In The Scope Of Employment
  27. Domestic Violence Court Program
  28. New Trespass & Damage To Critical Infrastructure Law
  29. Doesn’t Matter If You Don’t Know Human Trafficking Victim’s Age
  30. Misdemeanors Removed From DNA Fee
  31. Notification Of Crime Victims
  32. Victims Impact Panel Changes
  33. Destruction Of Obscene Material & Child Pornography
  34. Laws Outlawing Activities By Telephone Company & Message Carriers Repealed

This is likely the most comprehensive list of 2017 Oklahoma criminal laws around. I personally researched and wrote each post. I owe it to my clients to be knowledgeable on the changes in law. Writing this annual list is an opportunity to educate myself and the public. I welcome any feedback you have on this list or future updates to Oklahoma criminal laws.

Need an Oklahoma criminal defense lawyer?

Don’t panic!

Call Urbanic.®

405-633-3420

Laws Outlawing Activities By Telephone Company & Message Carriers Repealed – 2017 Oklahoma Laws #34

HB 1003 repealed seven laws. This included the prohibition against a telegraph company or employee transmitting any message to a person placing bets on a horse race. Six laws codifying the duties of message carriers were also repealed. The laws listed below were repealed on November 1, 2017

21 O.S. § 992 – Assisting Unlawful Business by Telegraph

Any telegraph company, its agent or employee that intentionally transmits or delivers any message to any pool room or person engaged in any manner in receiving, making or placing bets on any horse race, such company will be fined at least $500 and no more than 1,000 for each offense, and any agent or employee violating any of the provisions of this act will be fined at least $200 and no more than $500. The range of punishment in the county jail is 30-90 days. This law went into effect in 1913 and had not been amended since then.

13 O.S. § 171 – Delivery to Place or Person Intended

A carrier of messages for reward must deliver them at any place to which they are addressed, or to the persons for whom they are intended. This law went into effect in 1910 and had not been amended since then.

13 O.S. § 172 – Care and Diligence Required

A carrier of messages for reward must use great care and diligence in the transmission and delivery of messages. A carrier by telegraph must use the utmost diligence therein. This law went into effect in 1910 and was never amended.

13 O.S. § 173 – Telegraphs to be Transmitted Immediately – Order

A carrier of messages by telegraph must, if it is practicable, transmit every such message immediately upon its receipt. But if this is not practicable, and several messages accumulate upon his hands, he must transmit them in the following order:

  1. Messages from public agents of the United States, or of this state on public business.
  2. Messages intended in good faith for immediate publication in newspapers, and not for any secret use.
  3. Messages giving information relating to the sickness or death of any person.
  4. Other messages, in the order in which they were received.

This law went into effect in 1910 and was never amended.

13 O.S. § 174 -Messages Other than Telegraph – Order – Exception

A common carrier of messages, otherwise than by telegraph, must transmit messages in the order in which he receives them, except messages from agents of the United States or of this state on public business, to which he must always give priority. But he may fix upon certain times for the simultaneous transmission of messages previously received. This law went into effect in 1910 and was never amended.

13 O.S. § 175 – Actual Damages for Refusal or Postponement of Message

Every person whose message is refused or postponed, contrary to the provisions of this article, is entitled to recover from the carrier his actual damages, and $50 in addition thereto. This law went into effect in 1910 and was never amended.

13 O.S. § 176 – Telegraph Companies Liable

All telegraph companies doing business in this state for hire shall be liable for damages to any person injured thereby for mental anguish or suffering, even in the absence of bodily injury, or pecuniary loss, for negligence in receiving, transmitting or delivering messages; and in all actions of this kind, the jury, or court may award such damages as they conclude resulted from the negligence of such telegraph company. This law went into effect in 1917 and was never amended.

Destruction Of Obscene Material & Child Pornography – 2017 Oklahoma Laws #33

The destruction of obscene material or child pornography upon final conviction has been extended to “any codefendant.” Previously, obscene material or child pornography had to be destroyed upon conviction of the accused. Now, it must be destroyed upon final conviction of the accused and any codefendant.

The magistrate or law enforcement must destroy the material. The district attorney must now consent to the destruction of that material. The material to be destroyed includes, but is not limited to, the destruction of any computer, hard drive, or other electronic storage media of the accused or codefendant on which such obscene material or child porn was located.

A “final conviction” includes the exhaustion of or failure to timely pursue post-conviction and state and federal habeas corpus review.

HB 1811 amended 21 O.S. § 1024.4. The law went into effect on November 1, 2017.

Sources: HB 1811 & 21 O.S. § 1024.4

Charged with child pornography in Oklahoma?

Don’t panic!

Call Urbanic.

405-633-3420

Victims Impact Panel Changes – 2017 Oklahoma Laws #32

oklahoma victims impact panelThis law changed the definition of “victims impact panel” in Oklahoma. It’s now a program conducted by a corporation registered with the Secretary of State in Oklahoma for the purpose of operating a victims impact panel program. The meeting must now include live presenters. In addition to discussing the operation of a vehicle while impaired, the discussion may now also include the operation of a motor vehicle using an electronic device. People who have committed the offense of driving while using an electronic device must now attend a victims impact panel. A certified assessment agency or certified assessor may now provide a victims impact panel so long as he assessment agency or certified assessor is granted an exemption by the Commissioner of the Department of Mental Health and Substance Abuse Services. The provider of the victims impact panel program must now annually provide the Administrative Office of the Courts various information. The minimum fee of $15 has been dropped.

What Is A Victims Impact Panel In Oklahoma?

“Victims impact panel program” in Oklahoma is a program conducted by a corporation registered with the Secretary of State in Oklahoma for the purpose of operating a victims impact panel program. The program must include live presentations from presenters who will share personal stories with participants about how alcohol, drug abuse, the operation of a motor vehicle while using an electronic communication device, or the illegal conduct of others has personally impacted the lives of the presenters. A victims impact panel program must be attended by people who have committed the offense of driving, operating or being in actual physical control of a motor vehicle while under the influence of alcohol or other intoxicating substance, operating a motor vehicle while the ability of the person to operate such vehicle was impaired due to the consumption of alcohol or any other substance, or operating a motor vehicle while using an electronic device. Persons attending a victims impact panel program must pay no more than $60 to the provider of the program. A certificate of completion will be issued to the attendee upon satisfying the attendance and fee requirements of the victims impact panel program. The certificate of completion must contain the business identification number of the program provider. A victims impact panel program may not be provided by any certified assessment agency or certified assessor unless the assessment agency or certified assessor has been granted an exemption by the Commissioner of the Department of Mental Health and Substance Abuse Services. The provider of the victims impact panel program must carry general liability insurance and maintain an accurate accounting of all business transactions and funds received in relation to the victims impact panel program. The provider of the victims impact panel program must annually provide to the Administrative Office of the Courts the following:

  1. proof of registration with the Oklahoma Secretary of State,
  2. proof of general liability insurance,
  3. end-of-year financial statements prepared by a certified public accountant, and
  4. a copy of federal income tax returns filed with the Internal Revenue Service.

SB 252 amended 22 O.S. § 991a. The changes went into effect on November 1, 2017.

Sources: SB 25222 O.S. § 991a

Do you have to attend a victims impact panel in Oklahoma?

Don’t panic!

Call Urbanic.®

405-633-3420

Notification Of Crime Victims – 2017 Oklahoma Laws #31

oklahoma crime victimThis law mandates various notification requirements for crime victims. The district attorneys and Department of Corrections must comply with these new requirements.

The district attorney’s office must inform crime victim that the have the right to use the automated notification system provided by the designated Oklahoma victim notification service provider for purposes of receiving information regarding the location of the defendant following an arrest, during a prosecution of the criminal case, during a sentence to probation or confinement, and when there is any release or escape of the defendant from confinement.

The Department of Corrections has to provide notice of the projected date of release of an inmate to the designated Oklahoma victim notification service provider within 60 days but not less than seven days prior to the projected date of release of the inmate.

Opinions of the Oklahoma Court of Criminal Appeals designated for official publication must be published on the Oklahoma State Courts Network (OSCN) website. The Oklahoma Court of Criminal Appeals is requested to provide notice of release of its opinion to all subscribers of record who have requested copies of opinions not less than two business days prior to publication of the opinion on the website. Notice to the parties will be made via electronic mail or on OSCN.

Prior to placement of any eligible inmate assigned to the Electronic Monitoring Program being placed in a community setting, the Department of Corrections must deliver a written notification to the sheriff and district attorney of the county and the chief law enforcement officer of any incorporated city or town in which the inmate is to be monitored and supervised under the program. The Department of Corrections must provide notice of the projected date of release of an inmate to the designated Oklahoma victim notification service provider within 60 days but not less than seven days prior to the projected date of release of the inmate.

HB 1680 amended 21 O.S. § 142A-2, 21 O.S. § 142A-13, & 57 O.S. § 510.9 and created 22 O.S. § 1071.1 & 57 O.S. § 360.1.

Sources: HB 1680, 21 O.S. § 142A-221 O.S. § 142A-13, 57 O.S. § 510.9, 22 O.S. § 1071.1, & 57 O.S. § 360.1.

Accused of a crime in Oklahoma?

Don’t panic!

Call Urbanic

405-633-3420

Misdemeanors Removed From DNA Fee – 2017 Oklahoma Laws #30

oklahoma dnaSomeone arrested in Oklahoma for unlawfully carrying a firearm, illegally transporting a firearm, or discharging a firearm no longer has to pay the $150 DNA fee, does not have to provide a DNA sample, and will not have their DNA information entered into CODIS. This fee won’t be collected if the person has a valid DNA sample in the OSBI DNA Offender Database at the time of sentencing. Additionally, individuals convicted of those crimes no longer have to provide a blood or saliva sample upon release from custody, nor do they have to provide a blood or saliva sample as a condition of their sentence.

Who must pay the DNA fee in Oklahoma?

In Oklahoma, a person convicted of a felony must pay the DNA fee. Anyone convicted of any of the following misdemeanor offenses must pay the DNA fee:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing a firearm;
  • Threatening an act of violence;
  • Breaking and entering a dwelling place;
  • Destruction of property;
  • Negligent homicide; or
  • Causing a personal injury accident while driving under the influence of any intoxicating substance.

Which misdemeanor convictions require submitting DNA to law enforcement in Oklahoma?

Individuals convicted of any of the following misdemeanors must submit to DNA testing for law enforcement purposes:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing a firearm;
  • Threatening an act of violence;
  • Breaking and entering a dwelling place;
  • Destruction of property;
  • Negligent homicide; or
  • Causing a personal injury accident while driving under the influence of any intoxicating substance.

Furthermore, or any alien unlawfully present under federal immigration law, upon arrest, mustsubmit to DNA testing for law enforcement identification purposes

Who does Oklahoma put in the CODIS DNA database?

The Combined DNA Index System (CODIS) Database exists for the purpose of collecting and storing blood or saliva samples and DNA profiles, analyzing and typing of the genetic markers contained in or derived from DNA, and maintaining the records and samples of DNA of individuals:

  • Convicted of any felony offense;
  • Required to register pursuant to the Sex Offenders Registration Act;
  • Subject to the availability of funds, 18 years old or older arrested for the commission of a felony under the laws of Oklahoma or any other jurisdiction, upon being booked into a jail or detention facility. Provided, the DNA sample will not be analyzed and must be destroyed unless one of the following conditions has been met:
    • the arrest was made upon a valid felony arrest warrant,
    • the person has appeared before a judge or magistrate judge who made a finding that there was probable cause for the arrest, or
    • the person posted bond or was released prior to appearing before a judge or magistrate judge and then failed to appear for a scheduled hearing; and
  • Subject to the availability of funds, convicted of a misdemeanor offense of assault and battery, domestic abuse, stalking, possession of a controlled substance prohibited under Schedule IV of the Uniform Controlled Dangerous Substances Act, outraging public decency, resisting arrest, escaping or attempting to escape, eluding a police officer, Peeping Tom, pointing a firearm, threatening an act of violence, breaking and entering a dwelling place, destruction of property, negligent homicide, or causing a personal injury accident while driving under the influence of any intoxicating substance, or, upon arrest, any alien unlawfully present under federal immigration law.

The purpose of this database is the detection or exclusion of individuals who are subjects of the investigation or prosecution of sex-related crimes, violent crimes, or other crimes in which biological evidence is recovered. That information cannot be used for any other purpose.

Who has to provide a blood or saliva sample prior to release from custody in Oklahoma?

Anyone convicted of any of the following misdemeanors in Oklahoma must provide a blood or saliva sample prior to release:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing a firearm;
  • Threatening an act of violence;
  • Breaking and entering a dwelling place;
  • Destruction of property;
  • Negligent homicide; or
  • Causing a personal injury accident while driving under the influence of any intoxicating substance.

This is subject to the availability of funds.

Who has to provide a blood or saliva sample as a condition of their sentence in Oklahoma?

Anyone convicted of any of the following misdemeanors in Oklahoma must provide a blood or saliva sample as a condition of their sentence:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing a firearm;
  • Threatening an act of violence;
  • Breaking and entering a dwelling place;
  • Destruction of property;
  • Negligent homicide; or
  • Causing a personal injury accident while driving under the influence of any intoxicating substance.

This is subject to the availability of funds.

HB 1609 amended 20 O.S. § 1313.2, 74 O.S. § 150.27a, & 22 O.S. § 991a. The change went into effect on November 1, 2017.

Sources: HB 1609, 20 O.S. § 1313.2, 74 O.S. § 150.27a, & 22 O.S. § 991a.

Arrested for a firearms offense?

Don’t panic!

Call Urbanic.®

405-633-3420

Don’t Know Human Trafficking Victim’s Age – 2017 Oklahoma Laws #29

oklahoma human traffickingLack of knowledge of the age of the victim of human trafficking now does not constitute a defense to human trafficking of a minor in Oklahoma. The change in law makes human trafficking of a minor a strict liability crime. If you engage in human trafficking of a minor in Oklahoma, you can be found guilty no matter what you thought the victim’s age was—even if the victim lied about their age.

In Oklahoma, it’s unlawful to knowingly engage in human trafficking. “Human trafficking” is defined as modern-day slavery that includes, but is not limited to, extreme exploitation and the denial of freedom or liberty of an individual for purposes of deriving benefit from that individual’s commercial sex act or labor. “Commercial sex” means any form of commercial sexual activity such as sexually explicit performances, prostitution, participation in the production of pornography, performance in a strip club, or exotic dancing or display.

“Human trafficking for labor” means:

  1. recruiting, enticing, harboring, maintaining, transporting, providing, or obtaining, by any means, another person through deception, force, fraud, threat, or coercion or for purposes of engaging the person in labor; or
  2. benefiting, financially or by receiving anything of value, from participation in a venture that has engaged in an act of trafficking for labor.

“Human trafficking for commercial sex” means:

  1. recruiting, enticing, harboring, maintaining, transporting, providing, or obtaining, by any means, another person through deception, force, fraud, threat, or coercion for purposes of engaging the person in a commercial sex act;
  2. recruiting, enticing, harboring, maintaining, transporting, providing, purchasing, or obtaining, by any means, a minor for purposes of engaging the minor in a commercial sex act, or
  3. benefiting, financially or by receiving anything of value, from participating in a venture that has engaged in an act of trafficking for commercial sex.

“Coercion” means compelling, forcing, or intimidating a person to act by:

  1. threats of harm or physical restraint against any person;
  2. any act, scheme, plan, or pattern intended to cause a person to believe that performing, or failing to perform, an act would result in serious physical, financial, or emotional harm or distress to or physical restraint against any person;
  3. the abuse or threatened abuse of the law or legal process
  4. knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport, labor or immigration document, or other government identification document, including but not limited to a driver license or birth certificate, of another person;
  5. facilitating or controlling a person’s access to any addictive or controlled substance other than for legal medical purposes;
  6. blackmail;
  7. demanding or claiming money, goods, or any other thing of value from or on behalf of a prostituted person where such demand or claim arises from or is directly related to the act of prostitution;
  8. determining, dictating or setting the times at which another person will be available to engage in an act of prostitution with a third party;
  9. determining, dictating or setting the places at which another person will be available for solicitation of, or to engage in, an act of prostitution with a third party; or
  10. determining, dictating or setting the places at which another person will reside for purposes of making such person available to engage in an act of prostitution with a third party.

“Legal process” means the criminal law, the civil law, or the regulatory system of the federal government, any state, territory, district, commonwealth, or trust territory therein, and any foreign government or subdivision thereof and includes legal civil actions, criminal actions, and regulatory petitions or applications.

Punishment For Human Trafficking In Oklahoma

This crime is a felony. The range of punishment in the Department of Corrections is five years–life. The maximum fine is $100,000. If the victim was under 18 years old at the time of the offense, the range of punishment in the Department of Corrections is 15 years–life. The maximum fine is $250,000. The defendant must pay restitution to the victim. This is an 85% crime, so the defendant must serve 85% of their sentence before being eligible for parole consideration or any earned credits. The sentence may not be deferred or suspended, so a person convicted of human trafficking is ineligible for probation. The inmate is not eligible state correctional institution earned credits accruing from and after November 1, 1989, except for achievement earned credits. To qualify for achievement earned credits, the inmate must also be in compliance with the standards for Class level 2 behavior.

It is an affirmative defense to prosecution for a criminal offense that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking. The consent of a victim to human trafficking or any other activity in this law does not constitute a defense.

SB 34 amended 21 O.S. § 748. This change went into effect November 1, 2017.

Sources: SB 3421 O.S. § 748, & 57 O.S. § 138

Charged with human trafficking in Oklahoma?

Don’t panic!

Call Urbanic.®

405-633-3420

New Trespass & Damage To Critical Infrastructure Law – 2017 Oklahoma Laws #28

oklahoma critical infrastructureIt’s now illegal to trespass or enter property containing a critical infrastructure facility without permission by the owner of the property or lawful occupant of it. This crime is a misdemeanor. The minimum fine is $1,000. The maximum punishment in the county jail is six months. This crime is a felony if the intent of the trespasser was to willfully damage, destroy, vandalize, deface, tamper with equipment, or impede or inhibit operations of the facility. The minimum fine is $10,000. The punishment in the Department of Corrections is one year.

It is also a felony to willfully damage, destroy, vandalize, deface, or tamper with equipment in a critical infrastructure facility. The fine is $100,000. The maximum punishment in the Department of Corrections is ten years.

If an organization is found to be a conspirator with people who are found to have committed any of the crimes described above, the conspiring organization will be punished by a fine that is ten times the amount of said fine authorized by law.

A critical infrastructure facility in Oklahoma is:

  1. One of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property that are reasonably likely to come to the attention of intruders and indicate that entry is forbidden without site authorization:
    1. a petroleum or alumina refinery,
    2. an electrical power generating facility, substation, switching station, electrical control center, or electric power lines and associated equipment infrastructure,
    3. a chemical, polymer or rubber manufacturing facility,
    4. a water intake structure, water treatment facility, wastewater treatment plant, or pump station,
    5. a natural gas compressor station,
    6. a liquid natural gas terminal or storage facility,
    7. a telecommunications central switching office,
    8. wireless telecommunications infrastructure, including cell towers, telephone poles, and lines—including fiber optic lines,
    9. a port, railroad switching yard, railroad tracks, trucking terminal, or other freight transportation facility,
    10. a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids,
    11. a transmission facility used by a federally licensed radio or television station,
    12. a steel-making facility that uses an electric arc furnace to make steel,
    13. a facility identified and regulated by the United States Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS) program,
    14. a dam that is regulated by the state or federal government,
    15. a natural gas distribution utility facility including, but not limited to, pipeline interconnections, a city gate or town border station, metering station, above-ground piping, a regulator station, and a natural gas storage facility, or
    16. a crude oil or refined products storage and distribution facility including, but not limited to, valve sites, pipeline interconnections, pump station, metering station, below or above-ground pipeline, or piping and truck loading or offloading facility; or
  2. Any above-ground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, railroad facility, or other storage facility that is enclosed by a fence, other physical barrier, or is clearly marked with signs prohibiting trespassing, that are obviously designed to exclude intruders.

HB 1123 created 21 O.S. § 1792. It went into effect May 3, 2017.

Sources: HB 112321 O.S. § 1792

Arrested for trespassing on a critical infrastructure?

Don’t panic!

Call Urbanic.®

405-633-3420