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21-856.


21-856.
   
   A. 1. Except as otherwise specifically provided by law, every person
   who shall knowingly or willfully cause, aid, abet or encourage a minor
   to be, to remain, or to become a delinquent child or a runaway child,
   upon conviction, shall, for the first offense, be guilty of a
   misdemeanor punishable by imprisonment in a county jail not to exceed
   one (1) year, or by a fine not to exceed One Thousand Dollars
   ($1,000.00), or by both such fine and imprisonment.
   
   2. For purposes of prosecution under this subsection, a "runaway
   child" means an unemancipated minor who is voluntarily absent from the
   home without a compelling reason, without the consent of a custodial
   parent or other custodial adult and without the parent or other
   custodial adult's knowledge as to the child's whereabouts. "Compelling
   reason" means imminent danger from incest, a life-threatening
   situation, or equally traumatizing circumstance. A person aiding a
   runaway child pursuant to paragraph (4) of subsection (a) of Section 5
   of Title 76 of the Oklahoma Statutes or aiding a child based upon a
   reasonable belief that the child is in physical, mental or emotional
   danger and with notice to the Department of Human Services or a local
   law enforcement agency of the location of the child within twelve (12)
   hours of aiding the child shall not be subject to prosecution under
   this section.
   
   B. Every person convicted of a second or any subsequent violation of
   this section shall be guilty of a felony punishable by imprisonment in
   the custody of the Department of Corrections not to exceed three (3)
   years, or by a fine not exceeding Five Thousand Dollars ($5,000.00),
   or by both such fine and imprisonment.
   
   C. Every person eighteen (18) years of age or older who shall
   knowingly or willfully cause, aid, abet, or encourage a minor to
   commit or participate in committing an act that would be a felony if
   committed by an adult shall, upon conviction, be guilty of a felony
   punishable by the maximum penalty allowed for conviction of the
   offense or offenses which the person caused, aided, abetted, or
   encouraged the minor to commit or participate in committing.
   
   D. Every person who shall knowingly or willfully cause, aid, abet,
   encourage, solicit, or recruit a minor to participate, join, or
   associate with any criminal street gang, as defined by subsection F of
   this section, or any gang member for the purpose of committing any
   criminal act shall, upon conviction, be guilty of a felony punishable
   by imprisonment in the custody of the Department of Corrections for a
   term not to exceed one (1) year, or a fine not to exceed Three
   Thousand Dollars ($3,000.00), or both such fine and imprisonment.
   
   E. Every person convicted of a second or subsequent violation of
   subsection D of this section shall be guilty of a felony punishable by
   imprisonment in the State Penitentiary for a term not to exceed five
   (5) years or by a fine not exceeding Five Thousand Dollars
   ($5,000.00), or by both such fine and imprisonment.
   
   F. "Criminal street gang" means any ongoing organization, association,
   or group of five or more persons that specifically either promotes,
   sponsors, or assists in, or participates in, and requires as a
   condition of membership or continued membership, the commission of one
   or more of the following criminal acts:
   
   1. Assault, battery, or assault and battery with a deadly weapon, as
   defined in Section 645 of this title;
   
   2. Aggravated assault and battery as defined by Section 646 of this
   title;
   
   3. Robbery by force or fear, as defined in Sections 791 through 797 of
   this title;
   
   4. Robbery or attempted robbery with a dangerous weapon or imitation
   firearm, as defined by Section 801 of this title;
   
   5. Unlawful homicide or manslaughter, as defined in Sections 691
   through 722 of this title;
   
   6. The sale, possession for sale, transportation, manufacture, offer
   for sale, or offer to manufacture controlled dangerous substances, as
   defined in Section 2-101 et seq. of Title 63 of the Oklahoma Statutes;
   
   7. Trafficking in illegal drugs, as provided for in the Trafficking in
   Illegal Drugs Act, Section 2-414 of Title 63 of the Oklahoma Statutes;
   
   8. Arson, as defined in Sections 1401 through 1403 of this title;
   
   9. The influence or intimidation of witnesses and jurors, as defined
   in Sections 388, 455 and 545 of this title;
   
   10. Theft of any vehicle, as described in Section 1720 of this title;
   
   11. Rape, as defined in Section 1111 of this title;
   
   12. Extortion, as defined in Section 1481 of this title;
   
   13. Transporting a loaded firearm in a motor vehicle, in violation of
   Section 1289.13 of this title;
   
   14. Transporting a weapon in, or discharging a weapon from, a boat, in
   violation of Section 1289.14 of this title;
   
   15. Possession of a concealed weapon, as defined by Section 1289.8 of
   this title; or
   
   16. Shooting or discharging a firearm, as defined by Section 652 of
   this title.
   

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