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22-60.6.


22-60.6.
   
   A. Except as otherwise provided by this section, any person who:
   
   1. Has been served with an ex parte or final protective order and is
   in violation of such protective order, upon conviction, shall be
   guilty of a misdemeanor and shall be punished by a fine of not more
   than One Thousand Dollars ($1,000.00) or by a term of imprisonment in
   the county jail of not more than one (1) year, or both such fine and
   imprisonment; and
   
   2. After a previous conviction of a violation of a protective order,
   is convicted of a second or subsequent offense pursuant to the
   provisions of this section shall, upon conviction, be deemed guilty of
   a misdemeanor and shall be punished by a term of imprisonment in the
   county jail of not less than ten (10) days and not more than one (1)
   year. In addition to the term of imprisonment, the person may be
   punished by a fine of not less than One Thousand Dollars ($1,000.00)
   and not more than Five Thousand Dollars ($5,000.00).
   
   B. 1. Any person who has been served with an ex parte or final
   protective order who violates the protective order and without
   justifiable excuse causes physical injury or physical impairment to
   the plaintiff or to any other person named in said protective order
   shall, upon conviction, be guilty of a misdemeanor and shall be
   punished by a term of imprisonment in the county jail for not less
   than twenty (20) days nor more than one (1) year. In addition to the
   term of imprisonment, the person may be punished by a fine not to
   exceed Five Thousand Dollars ($5,000.00).
   
   2. In determining the term of imprisonment required by this section,
   the jury or sentencing judge shall consider the degree of physical
   injury or physical impairment to the victim.
   
   3. The provisions of this subsection shall not affect the
   applicability of Sections 644, 645, 647 and 652 of Title 21 of the
   Oklahoma Statutes.
   
   C. The minimum sentence of imprisonment issued pursuant to the
   provisions of paragraph 2 of subsection A and subsection B of this
   section shall not be subject to statutory provisions for suspended
   sentences, deferred sentences or probation, provided the court may
   subject any remaining penalty under the jurisdiction of the court to
   the statutory provisions for suspended sentences, deferred sentences
   or probation.
   
   D. In addition to any other penalty specified by this section, the
   court may require a defendant to undergo the treatment or participate
   in the counseling services necessary to bring about the cessation of
   domestic abuse against the victim or to bring about the cessation of
   stalking or harassment of the victim.
   
   E. Ex parte and final protective orders shall include notice of these
   penalties.
   
   F. When a minor child violates the provisions of any protective order,
   the violation shall be heard in a juvenile proceeding and the court
   may order the child and the parent or parents of the child to
   participate in family counseling services necessary to bring about the
   cessation of domestic abuse against the victim and may order community
   service hours to be performed in lieu of any fine or imprisonment
   authorized by this section.
   

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