[Previous] [Next]

21-850.


21-850.
   
   A. No person shall maliciously and with the specific intent to
   intimidate or harass another person because of that person's race,
   color, religion, ancestry, national origin or disability:
   
   1. Assault or batter another person;
   
   2. Damage, destroy, vandalize or deface any real or personal property
   of another person; or
   
   3. Threaten, by word or act, to do any act prohibited by paragraph 1
   or 2 of this subsection if there is reasonable cause to believe that
   such act will occur.
   
   B. No person shall maliciously and with specific intent to incite or
   produce, and which is likely to incite or produce, imminent violence,
   which violence would be directed against another person because of
   that person's race, color, religion, ancestry, national origin or
   disability, make or transmit, cause or allow to be transmitted, any
   telephonic, computerized, or electronic message.
   
   C. No person shall maliciously and with specific intent to incite or
   produce, and which is likely to incite or produce, imminent violence,
   which violence would be directed against another person because of
   that person's race, color, religion, ancestry, national origin or
   disability, broadcast, publish, or distribute, cause or allow to be
   broadcast, published or distributed, any message or material.
   
   D. Any person convicted of violating any provision of subsections A, B
   or C of this section shall be guilty of a misdemeanor on a first
   offense and a felony punishable by not more than ten (10) years
   incarceration in the custody of the Department of Corrections for a
   second or subsequent offense. The fine for a felony violation of this
   section shall not exceed Ten Thousand Dollars ($10,000.00).
   Furthermore, said person shall be civilly liable for any damages
   resulting from any violation of this section.
   
   E. Upon conviction, any person guilty of a misdemeanor in violation of
   this section shall be punishable by the imposition of a fine not
   exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the
   county jail for a period of not more than one (1) year, or by both
   such fine and imprisonment.
   
   F. The Oklahoma State Bureau of Investigation shall develop a standard
   system for state and local law enforcement agencies to report
   incidents of crime which are apparently directed against members of
   racial, ethnic, religious groups or other groups specified by this
   section to the Bureau within seventy-two (72) hours of the time such
   incidents are reported to such agencies. All law enforcement agencies
   shall report to the OSBI, pursuant to such system, incidents of crime
   which are apparently directed against members of racial, ethnic,
   religious groups or other groups specified by this section and further
   provide information on the disposition of the reported incident. The
   Oklahoma State Bureau of Investigation shall promulgate rules,
   regulations and procedures necessary to develop, implement and
   maintain a standard system for the collection and reporting of hate
   crime data.
   
   G. No person, partnership, company or corporation that installs
   telephonic, computerized, or electronic message equipment shall be
   required to monitor the use of such equipment for possible violations
   of this section, nor shall such person, partnership, company or
   corporation be held criminally or civilly liable for the use by
   another person of the equipment in violation of this section, unless
   the person, partnership, company or corporation that installed the
   equipment had prior actual knowledge that the equipment was to be used
   in violation of this section.
   

[Previous] [Next]