Oklahoma § 21-1321.7 - Offenses and penalties

§ 21-1321.7. Offenses and penalties

A. During a state of emergency, any person who maliciously

destroys or damages any real or personal property or maliciously

injures another shall be guilty of a Class B4 felony offense.

B. Any person guilty of violating this section shall, upon

conviction thereof, be imprisoned for not less than two (2) years,

nor more than ten (10) years.

C. Any person sixteen (16) years of age or over who violates

the provisions of this section shall be prosecuted as an adult.

D. A person is guilty of an offense under this section

committed by another person when:

1. Acting with the state of mind that is sufficient for

commission of the offense, he causes an innocent or irresponsible

person to engage in conduct constituting the offense; or

2. Intending to promote or facilitate the commission of the

offense he:

a.

solicits, requests, commands, importunes, or otherwise

attempts to cause the other person to commit it,

b.

aids, counsels, or agrees or attempts to aid the other

person in planning or committing it, or

c.

having a legal duty to prevent the commission of the

offense, fails to make a proper effort to do so.

E. In any prosecution for an offense under this section in

which the criminal liability of the accused is based upon the

conduct of another person pursuant to this section, it is no defense

that:

1. The other person is not guilty of the offense in question

because of irresponsibility or other legal incapacity or exemption,

or because of unawareness of the criminal nature of the conduct in

question or of the accused's criminal purpose, or because of other

factors precluding the mental state required for the commission of

the offense; or

2. The other person has not been prosecuted for or convicted of

any offense based on the conduct in question, or has previously been

acquitted thereof, or has been convicted of a different offense or

in a different degree, or has legal immunity from prosecution for

the conduct in question.

Added by Laws 1968, c. 125, § 7, emerg. eff. April 4, 1968. Amended

by Laws 1997, c. 133, § 343, eff. July 1, 1999; Laws 1999, 1st

Oklahoma Statutes - Title 21. Crimes and Punishments

Ex.Sess., c. 5, § 236, eff. July 1, 1999; Laws 2025, c. 486, § 138,

eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 343 from July 1, 1998, to July 1, 1999.