Oklahoma § 21-20O - Class D2 offenses

§ 21-20O. Class D2 offenses

A. Upon the effective date of this act, Class D2 shall include

the following criminal offenses:

1. Attempt to escape from penitentiary, as provided for in

Section 434 of Title 21 of the Oklahoma Statutes;

2. Attempt to escape from prison, not a penitentiary, as

provided for in Section 436 of Title 21 of the Oklahoma Statutes;

3. Escape from arrest or detention for a felony, as provided

for in subsection C of Section 444 of Title 21 of the Oklahoma

Statutes;

4. Aggravated assault and battery upon medical care provider,

as provided for in Section 650.5 of Title 21 of the Oklahoma

Statutes;

5. Omitting to provide for a child, as provided for in Section

852 of Title 21 of the Oklahoma Statutes;

Oklahoma Statutes - Title 21. Crimes and Punishments

6. Harboring an endangered runaway child, second or subsequent

offense, as provided for in Section 856.2 of Title 21 of the

Oklahoma Statutes;

7. Discharging a stun gun, tear gas, mace, or other agent

against officer, as provided for in Section 1272.3 of Title 21 of

the Oklahoma Statutes;

8. Possession of sawed-off shotgun, as provided for in Section

1289.18 of Title 21 of the Oklahoma Statutes;

9. Transmit threatening letter, as provided for in Section 1304

of Title 21 of the Oklahoma Statutes;

10. Abortion without license, as provided for in Section 1-731

of Title 63 of the Oklahoma Statutes;

11. Abortion after first trimester, as provided for in Section

1-731 of Title 63 of the Oklahoma Statutes;

12. Self-induced abortion, as provided for in Section 1-733 of

Title 63 of the Oklahoma Statutes;

13. Violate Oklahoma Unborn Child Protection from Dismemberment

Abortion Act, as provided for in Section 1-737.9 of Title 63 of the

Oklahoma Statutes;

14. Violation of Unborn Child Pain Awareness/Prevention Act, as

provided for in Section 1-738.14 of Title 63 of the Oklahoma

Statutes;

15. Knowingly perform abortion on unemancipated minor, as

provided for in Section 1-740.4b of Title 63 of the Oklahoma

Statutes;

16. Make fraudulent statement to obtain abortion for a minor,

as provided for in Section 1-740.4b of Title 63 of the Oklahoma

Statutes;

17. Violation of the Pain-Capable Unborn Child Protection Act,

as provided for in Section 1-745.7 of Title 63 of the Oklahoma

Statutes;

18. Violation of the Heartbeat Informed Consent Act, as

provided for in Section 1-746.7 of Title 63 of the Oklahoma

Statutes;

19. Abortion on minor less than fourteen (14) years of age or

failure to submit tissue, as provided for in Section 1-749 of Title

63 of the Oklahoma Statutes;

20. Distribution of imitation controlled substance, second

offense, as provided for in Section 2-401 of Title 63 of the

Oklahoma Statutes; and

21. Assist another in purchase of pseudoephedrine products,

second or subsequent offense, as provided for in Section 2-701 of

Title 63 of the Oklahoma Statutes.

B. Any person convicted of a Class D2 criminal offense set

forth in this section shall be punished by imprisonment in the

custody of the Department of Corrections for a term of not more than

Oklahoma Statutes - Title 21. Crimes and Punishments

two (2) years and shall serve at least twenty percent (20%) of the

sentence imposed before release from custody.

C. 1. Every person who, having been previously convicted of

one or two Class C or Class D criminal offenses, commits a Class D2

criminal offense shall, upon conviction, be punished by imprisonment

in the custody of the Department of Corrections for a term of not

less than one (1) year nor more than five (5) years and shall serve

at least twenty percent (20%) of the sentence imposed before release

from custody including release to electronic monitoring pursuant to

Section 510.9 of Title 57 of the Oklahoma Statutes.

2. Every person who, having been previously convicted of three

Class C or Class D criminal offenses, or one or more Class Y, Class

A, or Class B criminal offenses, commits a Class D2 criminal offense

shall, upon conviction, be punished by imprisonment in the custody

of the Department of Corrections for a term of not less than one (1)

year nor more than ten (10) years and shall serve at least thirty

percent (30%) of the sentence imposed before release from custody

including release to electronic monitoring pursuant to Section 510.9

of Title 57 of the Oklahoma Statutes.

D. Unless specifically exempted pursuant to subsection E of

this section, Section 51.1 of Title 21 of the Oklahoma Statutes

shall not apply to Class D2 criminal offenses.

E. 1. The criminal offenses listed in paragraphs 7, 10, 11,

12, 13, 14, 15, 16, 17, 18, and 19 of subsection A of this section

shall be exempt from the penalty provisions provided for in

subsections B and C of this section. Persons convicted of the

criminal offenses provided for in paragraphs 7, 10, 11, 12, 13, 14,

15, 16, 17, 18, and 19 of subsection A of this section shall be

punished in accordance with the corresponding penalties provided for

in the Oklahoma Statutes including Section 51.1 of Title 21 of the

Oklahoma Statutes.

2. The criminal offense listed in paragraphs 2, 4, 5, and 6 of

subsection A of this section shall be exempt from the penalty

provisions provided for subsection B of this section. Persons

convicted of the criminal offenses provided for in paragraphs 2, 4,

5, and 6 of subsection A of this section shall be punished in

accordance with the corresponding penalties provided for in the

Oklahoma Statutes including Section 51.1 of Title 21 of the Oklahoma

Statutes. The provisions of subsection C of this section still

applies to the criminal offenses listed in paragraphs 2, 4, 5, and 6

of subsection A of this section.

F. All Class D2 criminal offenses shall be punishable by the

corresponding fines as provided for in the Oklahoma Statutes.

Added by Laws 2024, c. 366, § 15, eff. Jan. 1, 2026.