Oklahoma § 22-60.1 - Definitions

§ 22-60.1. 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. “Dating relationship” means intimate association, primarily

characterized by affectionate or sexual involvement. 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;

2. “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 is

Oklahoma Statutes - Title 22. Criminal Procedure

currently or was previously an intimate partner or family or

household member;

3. “Family or household members” means:

a.

parents, including grandparents, stepparents, adoptive

parents and foster parents,

b.

children, including grandchildren, stepchildren,

adopted children and foster children,

c.

persons otherwise related by blood or marriage living

in the same household,

d.

persons otherwise related by blood or marriage, or

e.

persons not related by blood or marriage living in the

same household;

4. “Foreign protective order” means any valid order of

protection issued by a court of another state or a tribal court;

5. “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;

6. “Intimate partner” means:

a.

current or former spouses,

b.

persons who are or were in a dating relationship,

c.

persons who are the biological parents of the same

child, regardless of their marital status or whether

they have lived together at any time, and

d.

persons who currently or formerly lived together in an

intimate way, primarily characterized by affectionate

or sexual involvement. A sexual relationship may be

an indicator that a person is an intimate partner, but

is never a necessary condition;

7. “Living in the same household” means:

a.

persons who regularly reside in the same singledwelling unit,

b.

persons who resided in the same single-dwelling unit

within the past year, or

c.

persons who have individual lease agreements whereby

each person has his or her own private bedroom and

shares the common areas;

8. “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

Oklahoma Statutes - Title 22. Criminal Procedure

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;

9. “Rape” means rape and rape by instrumentation in violation

of Sections 1111 and 1111.1 of Title 21 of the Oklahoma Statutes;

10. “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.

maintaining a visual or physical proximity to the

individual,

b.

approaching or confronting that individual in a public

place or on private property,

c.

appearing at the workplace of the individual or

contacting the employer or coworkers of the

individual,

d.

appearing at the residence of the individual or

contacting the neighbors of the individual,

e.

entering onto or remaining on property owned, leased

or occupied by the individual,

f.

contacting the individual by telephone, text message,

electronic message, electronic mail, or other means of

electronic communication or causing the telephone or

electronic device of the individual or the telephone

or electronic device of any other person to ring or

generate notifications repeatedly or continuously,

regardless of whether a conversation ensues,

g.

photographing, videotaping, audiotaping, or, through

any other electronic means, monitoring or recording

the activities of the individual. This subparagraph

applies regardless of where the act occurs,

h.

sending any physical or electronic material or

contacting the individual by any means, including any

message, comment, or other content posted on any

Internet site or web application,

Oklahoma Statutes - Title 22. Criminal Procedure

i.

sending to a family member or member of the household

of the individual, or any current or former employer

of the individual, or any current or former coworker

of the individual, or any friend of the individual,

any physical or electronic material or contacting such

person by any means, including any message, comment,

or other content posted on any Internet site or web

application, for the purpose of obtaining information

about, disseminating information about, or

communicating with the individual,

j.

placing an object on, or delivering an object to,

property owned, leased or occupied by the individual,

k.

delivering an object to a family member or member of

the household of the individual, or an employer,

coworker, or friend of the individual, or placing an

object on, or delivering an object to, property owned,

leased, or occupied by such a person with the intent

that the object be delivered to the individual, or

l.

causing a person to engage in any of the acts

described in subparagraphs a through k of this

paragraph; and

11. “Victim support person” means a person affiliated with a

domestic violence, sexual assault or adult human sex trafficking

program, certified by the Attorney General or operating under a

tribal government, who provides support and assistance for a person

who files a petition under the Protection from Domestic Abuse Act.

Added by Laws 1982, c. 255, § 2, eff. Oct. 1, 1982. Amended by Laws

1986, c. 197, § 1, eff. Nov. 1, 1986; Laws 1991, c. 112, § 2, eff.

Sept. 1, 1991; Laws 1992, c. 42, § 1, eff. Sept. 1, 1992; Laws 1994,

c. 290, § 54, eff. July 1, 1994; Laws 1995, c. 297, § 1, eff. Nov.

1, 1995; Laws 1996, c. 247, § 29, eff. July 1, 1996; Laws 2000, c.

85, § 1, eff. Nov. 1, 2000; Laws 2000, c. 370, § 5, eff. July 1,

2000; Laws 2001, c. 279, § 2, eff. Nov. 1, 2001; Laws 2003, c. 407,

§ 1, eff. Nov. 1, 2003; Laws 2005, c. 348, § 14, eff. July 1, 2005;

Laws 2010, c. 116, § 2, eff. Nov. 1, 2010; Laws 2019, c. 200, § 2,

eff. Nov. 1, 2019; Laws 2021, c. 245, § 1, eff. Nov. 1, 2021; Laws

2022, c. 318, § 5, eff. Nov. 1, 2022; Laws 2024, c. 452, § 14,

emerg. eff. June 14, 2024.