Oklahoma § 21-1742.2 - Unauthorized or fraudulent procurement, sale or receipt

§ 21-1742.2. Unauthorized or fraudulent procurement, sale or receipt

of telephone records.

A. Whoever:

1. Knowingly procures, attempts to procure, solicits, or

conspires with another to procure a telephone record of any resident

of this state without the authorization of the customer to whom the

record pertains or by fraudulent, deceptive, or false means;

2. Knowingly sells or attempts to sell a telephone record of

any resident of this state without the authorization of the customer

to whom the record pertains; or

3. Receives a telephone record of any resident of this state

knowing that the record has been obtained without the authorization

of the customer to whom the record pertains or by fraudulent,

deceptive, or false means,

shall be punished in accordance with the provisions of subsection B

of this section and shall be liable for restitution in accordance

with subsection C of this section.

B. An offense under subsection A of this section shall be

deemed a:

1. Class D1 felony offense punishable by imprisonment as

provided for in subsections B through F of Section 20N of Title 21

of the Oklahoma Statutes if the violation of subsection A of this

section involves a single telephone record;

2. Class C2 felony offense punishable by imprisonment for not

more than ten (10) years if the violation of subsection A of this

section involves two to ten telephone records of a resident of this

state;

Oklahoma Statutes - Title 21. Crimes and Punishments

3. Class B3 felony offense punishable by imprisonment for not

more than twenty (20) years if the violation of subsection A of this

section involves more than ten telephone records of a resident of

this state; and

4. In all cases, forfeiture of any personal property used or

intended to be used to commit the offense.

C. A person found guilty of an offense under subsection A of

this section, in addition to any other punishment, shall be ordered

to make restitution for any financial loss sustained by the customer

or any other person who suffered financial loss as the direct result

of the offense.

D. In a prosecution brought pursuant to subsection A of this

section, the act of unauthorized or fraudulent procurement, sale, or

receipt of telephone records shall be considered to have been

committed in the county:

1. Where the customer whose telephone record is the subject of

the prosecution resided at the time of the offense; or

2. In which any part of the offense took place, regardless of

whether the defendant was ever actually present in the county.

E. A prosecution pursuant to subsection A of this section shall

not prevent prosecution pursuant to any other provision of law when

the conduct also constitutes a violation of some other provision of

law.

F. Subsection A of this section shall not apply to any person

acting pursuant to a valid court order, warrant, or subpoena.

G. Each violation of subsection A of this section shall be an

unlawful practice pursuant to the provisions of the Oklahoma

Consumer Protection Act.

Added by Laws 2006, c. 147, § 2, eff. Nov. 1, 2006. Amended by Laws

2025, c. 486, § 92, eff. Jan. 1, 2026.