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Oklahoma

Local Resources

Stalking often occurs along with other crimes, like domestic violence and sexual assault. While there are no state coalitions for victims of stalking, many domestic violence and sexual assault programs are able to provide assistance. Many of the resources can be confusing to navigate, victim advocates are available to talk to you about address confidentiality and your states criminal stalking laws. Victim advocates can also assist you with safety planning, keeping a log of stalking incidents, and how to be safe when using technology. Find services and/or an advocate in your county using the following links:

Address Confidentiality

Address confidentiality programs allow victims of stalking, sexual assault, domestic violence, or other types of crime to receive mail at a substitute address, which keeps their actual address private and prevents offenders from locating the victim through public records. Mail is sent to the legal substitute address, often a post office box, and then forwarded to the victim’s actual address. The substitute address can be provided whenever the victim’s address is required by a public agency.

Click here for more information on the Address Confidentiality Program in Oklahoma.

Protection Orders

A protective order is a legal order issued by a state court that requires one person to stop harming and/or contacting another. Each state may have several types of protective orders: civil protective orders, criminal protective orders, or restraining orders, and they may have different names (for example, in Pennsylvania, there are “protection from abuse” orders). Some protective orders are specific to domestic and interfamilial violence, while others are broader, covering stalking, harassment, sexual assault, and other types of misconduct. An individual can get a protection order when the perpetrator is proven to have acted with intent to cause the victim emotional distress or fear for his/her safety, even when the perpetrator has not been charged or convicted. They permit the victim to call the police to have the abuser arrested if the abuser violates any part of the order.

Click here for more information on protection orders in Oklahoma.

Criminal Stalking Laws

Criminal stalking laws define when a perpetrator may be charged with the crime of stalking, and what infractions are required to bring such a charge. The laws usually define various misdemeanor and felony offenses that correlate with the severity of the transgression. Based on police investigation, a state prosecutor will determine what charges to bring against an offender, and will then file charges against the perpetrator (formally known as an indictment). A trial typically follows, and the defendant may be offered a plea agreement. The criminal statute will also delineate potential punishments, if the perpetrator is convicted, which may include probation, house arrest, and incarceration, among others. Restitution may be requested and awarded to the victim by court order following a conviction, usually at a sentencing hearing.

Click here for more information on criminal stalking laws in Oklahoma.

National Resources

  • VictimConnect Resource Center - Confidential information, support and referrals for victims of crime via telephone, chat and text including safety planning and crime reporting.
  • WomensLaw.org - State-specific legal information related regarding protection orders, custody, divorce, state gun laws and more. WomensLaw.org also operates an email hotline where victims, their family/friends and advocates can write to ask legal questions.

Address Confidentiality

The Oklahoma State Address Confidentiality Program assists crime victims who have relocated. Click here to find help with your application in your county. Click here to learn more about what the program in your state covers.

Contact Information

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Protection Orders

§ 60.1. Definitions

As used in the Protection from Domestic Abuse Act and in the Domestic Abuse Reporting Act, Sections 40.5 through 40.7 of this title and Section 150.12B of Title 74 of the Oklahoma Statutes:

1. “Domestic abuse” means any act of physical harm, or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who are family or household members or who are or were in a dating relationship;

2. “Stalking” means the willful, malicious, and repeated following or harassment of a person by an adult, emancipated minor, or minor thirteen (13) years of age or older, in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested and actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed or molested. Stalking also means a course of conduct composed of a series of two or more separate acts over a period of time, however short, evidencing a continuity of purpose or unconsented contact with a person that is initiated or continued without the consent of the individual or in disregard of the expressed desire of the individual that the contact be avoided or discontinued. Unconsented contact or course of conduct includes, but is not limited to:

a. following or appearing within the sight of that individual,

b. approaching or confronting that individual in a public place or on private property,

c. appearing at the workplace or residence of that individual,

d. entering onto or remaining on property owned, leased, or occupied by that individual,

e. contacting that individual by telephone,

f. sending mail or electronic communications to that individual, or

g. placing an object on, or delivering an object to, property owned, leased or occupied by that individual;

3. “Harassment” means a knowing and willful course or pattern of conduct by a family or household member or an individual who is or has been involved in a dating relationship with the person, directed at a specific person which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial distress to the person. “Harassment” shall include, but not be limited to, harassing or obscene telephone calls in violation of Section 1172 of Title 21 of the Oklahoma Statutes and fear of death or bodily injury;

4. “Family or household members” means:

a. spouses,

b. ex-spouses,

c. present spouses of ex-spouses,

d. parents, including grandparents, stepparents, adoptive parents and foster parents,

e. children, including grandchildren, stepchildren, adopted children and foster children,

f. persons otherwise related by blood or marriage,

g. persons living in the same household or who formerly lived in the same household, and

h. persons who are the biological parents of the same child,regardless of their marital status, or whether they have lived together at any time. This shall include the elderly and handicapped;

5. “Dating relationship” means a courtship or engagement relationship. For purposes of this act, a casual acquaintance or ordinary fraternization between persons in a business or social context shall not constitute a dating relationship;

6. “Foreign protective order” means any valid order of protection issued by a court of another state or a tribal court;

7. “Rape” means rape and rape by instrumentation in violation of Sections 1111 and 1111.1 of Title 21 of the Oklahoma Statutes;

8. “Victim support person” means a person affiliated with a certified domestic violence or sexual assault program, certified by the Attorney General or certified by a recognized Native American Tribe if operating mainly within tribal lands, who provides support and assistance for a person who files a petition under the Protection from Domestic Violence Act; and

9. “Mutual protective order” means a final protective order or orders issued to both a plaintiff who has filed a petition for a protective order and a defendant included as the defendant in the plaintiff’s petition restraining the parties from committing domestic violence, stalking, harassment or rape against each other. If both parties allege domestic abuse, violence, stalking, harassment or rape against each other, the parties shall do so by separate petition pursuant to Section 60.4 of this title.

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Criminal Stalking Laws

21 Okl. St. § 1173. Stalking-Penalties. (2000)

A. Any person who willfully, maliciously, and repeatedly follows or harasses another person in a manner that:

1. Would cause a reasonable person or a member of the immediate family of that person as defined in subsection F of this section to feel frightened, intimidated, threatened, harassed, or molested; and

2. Actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed, or molested, shall, upon conviction, be guilty of the crime of stalking, which is a misdemeanor punishable by imprisonment in a county jail for not more than one (1) year, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

B. Any person who violates the provisions of subsection A of this section when:

1. There is a permanent or temporary restraining order, a protective order, an emergency ex parte protective order, or an injunction in effect prohibiting the behavior described in subsection A of this section against the same party, when the person violating the provisions of subsection A of this section has actual notice of the issuance of such order or injunction; 

2. Said person is on probation or parole, a condition of which prohibits the behavior described in subsection A of this section against the same party or under the conditions of a community or alternative punishment; or

3. Said person, within ten (10) years preceding the violation of subsection A of this section, completed the execution of sentence for a conviction of a crime involving the use or threat of violence against the same party, or against any member of the immediate family of such party, shall, upon conviction, be guilty of a felony punishable by imprisonment in the  custody of the Department of Corrections for a term not exceeding five (5) years, or by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or by both such fine and imprisonment.

C. Any person who :

1. Commits a second act of stalking within ten (10) years of the completion of sentence for a prior conviction of  stalking; or

2. Has a prior conviction of stalking and, after being served with a protective order that prohibits contact with an individual, knowingly makes unconsented contact with the same individual, shall, upon conviction ,  be guilty of a felony punishable by imprisonment in the  custody of the Department of Corrections for a term not exceeding five (5) years, or by a fine of not  less than Two Thousand Five Hundred Dollars ($2,500.00), or by both such fine and imprisonment. 

D. Any person who commits an act of stalking within ten (10) years of the completion of execution of sentence for a prior conviction under subsection B or C of this section, shall, upon conviction thereof, be guilty of a felony punishable by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Ten Thousand Dollars ($10,000.00), or by imprisonment in the State Penitentiary for a term not exceeding ten (10) years, or by both such fine and imprisonment.

E. Evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact, as defined in subsection F of this section, with the victim after having been requested by the victim to discontinue the same or any other form of unconsented contact, and to refrain from any further unconsented contact with the victim, shall give rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

F. For purposes of this section:

1. “Harasses” means a pattern or course of conduct directed toward another individual that includes, but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable person to suffer emotional distress, and that actually causes emotional distress to the victim. Harassment shall include harassing or obscene phone calls as prohibited by Section 1172 of this title and conduct prohibited by Section 850 of this title. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose;

2. “Course of conduct” means a pattern of conduct composed of a series of two  or more separate acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct”;

3. “Emotional distress” means significant mental suffering or distress that may, but does not necessarily require, medical or other professional treatment or counseling;

4. “Unconsented contact” means any contact with another individual that is initiated or continued without the consent of the individual, or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Constitutionally protected activity is not included within the meaning of unconsented contact. Unconsented contact includes but is not limited to any of the following:

a. following or appearing within the sight of that individual,

b. approaching or confronting that individual in a public place or on private property,

c. appearing at the workplace or residence of that individual,

d. entering onto or remaining on property owned, leased, or occupied by that individual,

e. contacting that individual by telephone,

f. sending mail or electronic communications to that individual, and

g. placing an object on, or delivering an object to, property owned, leased, or occupied by that individual; and

5. “Member of the immediate family”, for the purposes of this section, means any spouse, parent, child, person related within the third degree of consanguinity or affinity or any other person who regularly resides in the household or who regularly resided in the household within the prior six (6) months.

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