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§21-1533.
§21-1533.
A. Except as provided in subsection B of this section, every person
who falsely personates any public officer, civil or military, any
fireman, any law enforcement officer, any emergency medical technician
or other emergency medical care provider, or any private individual
having special authority by law to perform any act affecting the
rights or interests of another, or who assumes, without authority, any
uniform or badge by which such officers or persons are usually
distinguished, and in such assumed character does any act whereby
another person is injured, defrauded, harassed, vexed or annoyed, upon
conviction, is guilty of a misdemeanor punishable by imprisonment in
the county jail not exceeding six (6) months, or by a fine not
exceeding Two Thousand Dollars ($2,000.00), or by both such fine and
imprisonment.
B. Every person who falsely personates any public officer or any law
enforcement officer in connection with or relating to any sham legal
process shall, upon conviction, be guilty of a felony, punishable by
imprisonment for not more than two (2) years, or a fine not exceeding
Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
C. Every person who falsely asserts authority of law not provided for
by federal or state law in connection with any sham legal process
shall, upon conviction, be guilty of a felony, punishable by
imprisonment for not more than two (2) years, or a fine not exceeding
Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
D. Every person who, while acting falsely in asserting authority of
law, attempts to intimidate or hinder a public official or law
enforcement officer in the discharge of official duties by means of
threats, harassment, physical abuse, or use of sham legal process,
shall be guilty of a felony, punishable by imprisonment for not more
than two (2) years, or a fine not exceeding Five Thousand Dollars
($5,000.00), or both such fine and imprisonment.
E. Any person who, without authority under federal or state law, acts
as a supreme court justice, a district court judge, an associate
district judge, a special judge, a magistrate, a clerk of the court or
deputy, a notary public, a juror or other official holding authority
to determine a controversy or adjudicate the rights or interests of
others, or signs a document in such capacity, shall be guilty of a
felony, punishable by imprisonment for not more than two (2) years, or
a fine not exceeding Five Thousand Dollars ($5,000.00), or both such
fine and imprisonment.
F. Every person who uses any motor vehicle or motor-driven cycle
usually distinguished as a law enforcement vehicle or equips any motor
vehicle or motor-driven cycle with any spot lamps, audible sirens, or
flashing lights, in violation of Sections 12-217, 12-218 or 12-227 of
Title 47 of the Oklahoma Statutes, or in any other manner uses any
motor vehicle or motor-driven cycle for the purpose of falsely
personating a law enforcement officer and who in such assumed
character commits any act whereby another person is injured,
defrauded, harassed, vexed or annoyed shall, upon conviction, be
guilty of a felony, punishable by imprisonment in the custody of the
Department of Corrections not exceeding ten (10) years, or by a fine
not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine
and imprisonment.
G. As used in this section:
1. "Sham legal process" means the issuance, display, delivery,
distribution, reliance on as lawful authority, or other use of an
instrument that is not lawfully issued, whether or not the instrument
is produced for inspection or actually exists, and purports to do any
of the following:
a. to be a summons, subpoena, judgment, arrest warrant, search
warrant, or other order of a court recognized by the laws of this
state, a law enforcement officer commissioned pursuant to state or
federal law or the law of a federally recognized Indian tribe, or a
legislative, executive, or administrative agency established by state
or federal law or the law of a federally recognized Indian tribe,
b. to assert jurisdiction or authority over or determine or adjudicate
the legal or equitable status, rights, duties, powers, or privileges
of any person or property, or
c. to require or authorize the search, seizure, indictment, arrest,
trial, or sentencing of any person or property; and
2. "Lawfully issued" means adopted, issued, or rendered in accordance
with the applicable statutes, rules, regulations, and ordinances of
the United States, a state, or a political subdivision of a state.
H. It shall not be a defense to a prosecution under subsection B, C, D
or E of this section that:
1. The recipient of the sham legal process did not accept or believe
in the authority falsely asserted in the sham legal process;
2. The person violating subsection B, C, D or E of this section does
not believe in the jurisdiction or authority of this state or of the
United States government; or
3. The office the person violating subsection B, C, D or E of this
section purports to hold does not exist or is not an official office
recognized by state or federal law.
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