Tag: new oklahoma law

Hemp Is Legal – 2018 Oklahoma Laws #4

Growing hemp is now legal in Oklahoma when grown pursuant to the Oklahoma Industrial Hemp Agricultural Pilot Program. This law sets up various rules for the growing of hemp in Oklahoma. Previously, industrial hemp could only be shipped to Oklahoma for certain purposes. The official definition of marijuana has changed to exclude hemp grown under the Program.

 

New Definition of Marijuana in Oklahoma

Marijuana means:Oklahoma industrial hemp

  1. all parts of the plant Cannabis sativa L., whether growing or not;
  2. the seeds of that plant;
  3. the resin extracted from any part of that plant;
  4. and every compound, manufacture, salt, derivative, mixture, or preparation of that plant, its seeds, or resin.

Marijuana does NOT include:

  1. The mature stalks of the Cannabis sativa L. plant or fiber produced from such stalks;
  2. Oil or cake made from the seeds of that plant, including cannabidiol derived from the seeds of the marijuana plant;
  3. Any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks, fiber, oil or cake;
  4. The sterilized seed of such plant that is incapable of germination
  5. For any person participating in a clinical trial to administer cannabidiol for the treatment of severe forms of epilepsy pursuant to Oklahoma law, a drug or substance approved by the federal Food and Drug Administration for use by those participants,
  6. For any person or the parents, legal guardians or caretakers of the person who have received a written certification from a physician licensed in this state that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, the substance cannabidiol, a nonpsychoactive cannabinoid, found in the plant Cannabis sativa L. or any other preparation thereof, that has a tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) and that is delivered to the patient in the form of a liquid
  7. Any federal Food and Drug Administration-approved cannabidiol drug or substance, or
  8. Industrial hemp, from the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis which shall not be grown anywhere in the State of Oklahoma but may be shipped to Oklahoma pursuant to the provisions of 5 & 6 above.

Read More: https://www.urbanic.law/can-i-have-a-gun-if-i-have-a-medical-marijuana-license-in-oklahoma/

Reasons Hemp May be Shipped to Oklahoma

  1. For any person participating in a clinical trial to administer cannabidiol for the treatment of severe forms of epilepsy pursuant to Oklahoma law, a drug or substance approved by the federal Food and Drug Administration for use by those participants and
  2. For any person or the parents, legal guardians, or caretakers of the person who have received a written certification from a physician licensed in Oklahoma that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, the substance cannabidiol, a nonpsychoactive cannabinoid, found in the plant Cannabis sativa L. or any other preparation thereof, that has a tetrahydrocannabinol concentration of not more than 0.3% and that is delivered to the patient in the form of a liquid.

Industrial Hemp in Oklahoma

Industrial hemp means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis. You have to be a licensee in Oklahoma to grow industrial hemp. A licensee is a university or an institution of higher education located in Oklahoma that holds a valid Industrial Hemp License to grow industrial hemp under the Oklahoma Industrial Hemp Agricultural Pilot Program. The licensee may adopt policies and procedures to subcontract with persons or other legal entities to carry out the purposes of the program. An Industrial Hemp License is authorization by the Department for any university or an institution of higher education in Oklahoma to grow and cultivate industrial hemp on a registered land area for research and development purposes as part of the Oklahoma Industrial Hemp Agricultural Pilot Program.

A licensee can:

  1. Engage in the growth and cultivation of industrial hemp from certified seeds for agricultural plant research and development purposes; and
  2. Engage in the growth and cultivation of industrial hemp from certified seeds for marketing development purposes.

The activities performed under the Oklahoma Industrial Hemp Agricultural Pilot Program will not subject people participating in the program to criminal liability under the Uniform Controlled Dangerous Substances Act. The exemption from criminal liability a limited exemption that willbe strictly construed and will not apply to an activity that is not expressly permitted under the Oklahoma Industrial Hemp Agricultural Pilot Program.

The Oklahoma Department of Agriculture, Food, and Forestry may deny, revoke, or suspend a license if the licensee:

  1. Violates any provision of the Oklahoma Industrial Hemp Agricultural Pilot Program or rules adopted pursuant to the program;
  2. Engages in fraud or deception in the procurement of or attempt to procure a license under this Oklahoma Industrial Hemp Agricultural Pilot Program or provides false information on a license application;
  3. Refuses or fails to cooperate and assist the Department with the inspection process;
  4. Refuses or fails to provide any information required or requested by the Department for purposes of the Oklahoma Industrial Hemp Agricultural Pilot Program;
  5. Knowingly provides false, misleading or incorrect information pertaining to the licensee’s cultivation of industrial hemp to the Department by any means, including information provided in any application form, report, record, or inspection required or maintained for purposes of the Oklahoma Industrial Hemp Agricultural Pilot Program;
  6. Fails to submit any report required by the Oklahoma Industrial Hemp Agricultural Pilot Program; or
  7. Fails to pay fees required by the Oklahoma Industrial Hemp Agricultural Pilot Program.

If a sample of a licensee’s industrial hemp tests higher than 0.3% but less than 1% THC concentration, the licensee shall not be subject to any penalty under the Oklahoma Industrial Hemp Agricultural Pilot Program if the crop is destroyed or utilized on site in a manner approved of and verified by the Department.

These laws were enacted through HB 2913 and SB 1446. HB 2913 went into effect on April 23, 2018. SB 1446 went into effect on November 1, 2018.

Sources: HB 2913SB 1446, 63 O.S. § 2-101, 2 O.S. § 3-4032 O.S. § 3-402, & 2 O.S. § 3-408

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Medical Marijuana – 2018 Oklahoma Laws #3

smoking medical marijuana in oklahoma

On June 26, 2018, over 56% of Oklahoma voters for the least-restrictive medical marijuana law in the country. The law went into effect on July 26, 2018, and as early as November 2018, marijuana bud was for sale at dispensaries. It’s considered the least restrictive because there are no qualifying medical conditions. The conditions marijuana can be prescribed for are completely left up to the prescribing doctor. The law made significant changes to the punishment for marijuana possession.

Now, a person in possession of a state issued medical marijuana license may legally:

  1. Consume marijuana;
  2. Possess up to three ounces of marijuana on their person;
  3. Possess six mature marijuana plants;
  4. Possess six seedling plants;
  5. Possess one ounce of concentrated marijuana;
  6. Possess 72 ounces of edible marijuana; and
  7. Possess up to eight ounces of marijuana in their residence.

Furthermore, possession of up to 1.5 ounces of marijuana by anyone who can state a medical condition, but not in possession of a state issued medical marijuana license, constitutes a misdemeanor with a maximum fine of $400. Succinctly, if you don’t have a marijuana card and are caught by law enforcement with up to 1.5 ounces of weed and you can state a medical condition, then the worst punishment you can receive is a $400 fine–no jail time. Note the language “can state a medical condition.” It doesn’t say you must actually have that medical condition. So, theoretically, you can just say some random medical condition and you should be ok. I will be interesting to see how this plays out. Also, it does not say whom you must say the medical condition to. The police officer? The court? If you don’t immediately state one, then can you later go in front of a judge and say one? This is uncharted territory, so we simply don’t know how this language will ultimately be interpreted.

It will be interesting to see how this new “marijuana possession law for non-card holders” shakes out in relation to the statute that was changed by SQ 780 on July 1, 2017. That law says that (simple) possession of any controlled dangerous substance in Oklahoma can result in up to one year in jail and up to a $1,000 fine. It’s the expectation that someone who does not have a marijuana card and is not in possession of more than 1.5 ounces of weed will be charged under this new law. Some municipalities have already changed their marijuana possession punishment to become aligned with this new change in state law. It’s likely that more changes, such as changing the penalties for paraphernalia, will also soon follow.

This was a watershed moment for the country. We proved that the people want easily available medical marijuana–in one of the most conservative states in the country. If this law could be passed by Oklahoma voters, it could be passed anywhere. Just as the sky did not fall as the opponents of 780 (making simple possession of all drugs a misdemeanor) had predicted, the sky will not fall as opponents of this ballot measure predicted. I believe that after a few years of marijuana no longer being such a “big deal’ here, Oklahomans will easily legalize recreational marijuana.

Sources: SQ 788, 63 O.S. § 420A63 O.S. § 2-402Village formally reduces marijuana possession penalties in updated city codeOKC City Council Passes City Ordinance Concerning Marijuana, & Oklahoma Town Decriminalizes Marijuana With Ordinance Changes

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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.

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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

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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.

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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.

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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

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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

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Domestic Violence Court Program – 2017 Oklahoma Laws #27

oklahoma domestic violence attorneyAny district or municipal court of record of Oklahoma may now establish and maintain a domestic violence court program. The court will consolidate cases that arise in the context of a domestic violence incident.

A “domestic violence court” is a specialized judicial process for domestic matters both civil and criminal in nature that arise out of the same family or domestic circumstance. The presiding judge of a district or municipal court of record may appoint an individual judge to preside over related criminal, family, and matrimonial matters that arise in the context of domestic violence. Criminal domestic violence charges, protective orders, and any actions for divorce, separate maintenance, guardianship, adoption, or any other proceeding involving custody or visitation between the same parties may be presented to the domestic violence court.

The Administrative Office of the Courts may promulgate rules, procedures, and forms necessary to implement a domestic violence court to ensure statewide uniformity.

This sounds like a good idea. What’s happening now (or at least before any domestic violence courts get created) is that the civil case(s) is/are held in one courtroom, and the criminal case is held in another. If there are two civil cases–a victim protective order and modification of visitation rights for example–then those will initially begin in two courtrooms. The VPO will then be transferred over to the other “family law” case, and each appearance will be held together.

What it looks like will happen after the establishment of a domestic violence court is that every case arising out of a domestic violence matter will be held in one courtroom. It’s very common for a VPO to be filed after an event of domestic violence. If criminal charges are filed, then there will be a separate criminal case. The VPO case will continue and nothing will typically be done in it until the criminal case is complete. This requires appearing in two different courtrooms and, typically, at two different times. Consolidating the cases into one courtroom will save a lot of unnecessary court appearances. An attorney might have to appear a handful, or more, times in the VPO case just to say that the criminal case is still pending and get a new date. Also, the judges in domestic violence court will have a better idea of exactly what’s going on in all the cases. Finally, it will be helpful to know where each case will be held at the outset. It’s frustrating to show up on the first court date (typically on a VPO case) just to process the paperwork to move it to the family law court.

HB 1121 created 22 O.S. § 61. It went into effect on November 1, 2017.

Sources: HB 112122 O.S. § 61

Do you need an Oklahoma Domestic Violence attorney?

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