Oklahoma § 21-644.1 - Domestic abuse with a prior pattern of physical abuse

Full text of Oklahoma Oklahoma Statutes § 21-644.1 — Domestic abuse with a prior pattern of physical abuse, with citation guidance and answers to common questions.

§ 21-644.1. Domestic abuse with a prior pattern of physical abuse

A. Any person who commits domestic abuse, as defined by

subsection C of Section 644 of this title, and has a prior pattern

of physical abuse shall be guilty of a Class B3 felony offense, upon

conviction, punishable by imprisonment in the custody of the

Department of Corrections for a term of not more than ten (10) years

or by a fine not exceeding Five Thousand Dollars ($5,000.00) or by

both such fine and imprisonment.

B. For purposes of this section, "prior pattern of physical

abuse" means two or more separate incidences, including the current

incident, occurring on different days and each incident relates to

an act constituting assault and battery or domestic abuse committed

by the defendant against a current or former spouse, a present

spouse of a former spouse, parents, a foster parent, a child, a

person otherwise related by blood or marriage, a person with whom

the defendant is in a dating relationship, an individual with whom

the defendant has had a child, a person who formerly lived in the

same household as the defendant, a person living in the same

household as the defendant, a current intimate partner or former

intimate partner, or any combination of such persons, where proof of

each incident prior to the present incident is established by the

sworn testimony of a third party who was a witness to the alleged

physical abuse or by other admissible direct evidence that is

independent of the testimony of the victim.

Oklahoma Statutes - Title 21. Crimes and Punishments

Added by Laws 2009, c. 457, § 1, eff. July 1, 2009. Amended by Laws

2014, c. 71, § 2, eff. Nov. 1, 2014; Laws 2016, c. 128, § 1, eff.

Nov. 1, 2016; Laws 2025, c. 486, § 83, eff. Jan. 1, 2026.

§21-644v1. Assault - Assault and battery - Domestic abuse.

A. Assault shall be punishable by imprisonment in a county jail

not exceeding ninety (90) days, or by a fine of not more than Five

Hundred Dollars ($500.00), or by both such fine and imprisonment.

B. Assault and battery shall be punishable by imprisonment in a

county jail not exceeding six (6) months, or by a fine of not more

than One Thousand Dollars ($1,000.00), or by both such fine and

imprisonment.

C. Any person who commits any assault and battery against a

current or former intimate partner or a family or household member

as defined by Section 60.1 of Title 22 of the Oklahoma Statutes

shall be guilty of domestic abuse. Upon conviction, the defendant

shall be punished by imprisonment in the county jail for not more

than one (1) year, or by a fine not exceeding Five Thousand Dollars

($5,000.00), or by both such fine and imprisonment. Upon conviction

for a second or subsequent offense, the person shall be punished by

imprisonment in the custody of the Department of Corrections for not

more than four (4) years, or by a fine not exceeding Five Thousand

Dollars ($5,000.00), or by both such fine and imprisonment. The

provisions of Section 51.1 of this title shall apply to any second

or subsequent offense.

D. 1. Any person who, with intent to do bodily harm and

without justifiable or excusable cause, commits any assault,

battery, or assault and battery upon an intimate partner or a family

or household member as defined by Section 60.1 of Title 22 of the

Oklahoma Statutes with any sharp or dangerous weapon, upon

conviction, is guilty of domestic assault or domestic assault and

battery with a dangerous weapon which shall be a felony and

punishable by imprisonment in the custody of the Department of

Corrections not exceeding ten (10) years, or by imprisonment in a

county jail not exceeding one (1) year. The provisions of Section

51.1 of this title shall apply to any second or subsequent

conviction for a violation of this paragraph.

2. Any person who, without such cause, shoots an intimate

partner or a family or household member as defined by Section 60.1

of Title 22 of the Oklahoma Statutes by means of any deadly weapon

that is likely to produce death shall, upon conviction, be guilty of

domestic assault and battery with a deadly weapon which shall be a

felony punishable by imprisonment in the custody of the Department

of Corrections not exceeding life. The provisions of Section 51.1

of this title shall apply to any second or subsequent conviction for

a violation of this paragraph.

Oklahoma Statutes - Title 21. Crimes and Punishments

E. 1. Any person convicted of domestic abuse committed against

a pregnant woman with knowledge of the pregnancy shall be guilty of

a felony, punishable by imprisonment in the custody of the

Department of Corrections for not more than five (5) years.

2. Any person convicted of a second or subsequent offense of

domestic abuse against a pregnant woman with knowledge of the

pregnancy shall be guilty of a felony, punishable by imprisonment in

the custody of the Department of Corrections for not less than ten

(10) years.

3. Any person convicted of domestic abuse committed against a

pregnant woman with knowledge of the pregnancy and a miscarriage

occurs or injury to the unborn child occurs shall be guilty of a

felony, punishable by imprisonment in the custody of the Department

of Corrections for not less than twenty (20) years.

F. Any person convicted of domestic abuse as defined in

subsection C of this section that results in great bodily injury to

the victim shall be guilty of a felony and punished by imprisonment

in the custody of the Department of Corrections for not more than

ten (10) years, or by imprisonment in the county jail for not more

than one (1) year. The provisions of Section 51.1 of this title

shall apply to any second or subsequent conviction of a violation of

this subsection.

G. Any person convicted of domestic abuse as defined in

subsection C of this section that was committed in the presence of a

child shall be punished by imprisonment in the county jail for not

less than six (6) months nor more than one (1) year, or by a fine

not exceeding Five Thousand Dollars ($5,000.00), or by both such

fine and imprisonment. Any person convicted of a second or

subsequent domestic abuse as defined in subsection C of this section

that was committed in the presence of a child shall be punished by

imprisonment in the custody of the Department of Corrections for not

less than one (1) year nor more than five (5) years, or by a fine

not exceeding Seven Thousand Dollars ($7,000.00), or by both such

fine and imprisonment. The provisions of Section 51.1 of this title

shall apply to any second or subsequent offense. For every

conviction of a domestic abuse crime in violation of any provision

of this section committed against an intimate partner or a family or

household member as defined by Section 60.1 of Title 22 of the

Oklahoma Statutes, the court shall:

1. Specifically order as a condition of a suspended or deferred

sentence that a defendant participate in counseling or undergo

treatment to bring about the cessation of domestic abuse as

specified in paragraph 2 of this subsection;

The court shall require the defendant to complete an

assessment and follow the recommendations of a

batterers’ intervention program certified by the

Attorney General. If the defendant is ordered to

Oklahoma Statutes - Title 21. Crimes and Punishments

participate in a batterers’ intervention program, the

order shall require the defendant to attend the

program for a minimum of fifty-two (52) weeks,

complete the program, and be evaluated before and

after attendance of the program by program staff.

Three unexcused absences in succession or seven

unexcused absences in a period of fifty-two (52) weeks

from any court-ordered batterers’ intervention program

shall be prima facie evidence of the violation of the

conditions of probation for the district attorney to

seek acceleration or revocation of any probation

entered by the court.

A program for anger management, couples counseling, or

family and marital counseling shall not solely qualify

for the counseling or treatment requirement for

domestic abuse pursuant to this subsection. The

counseling may be ordered in addition to counseling

specifically for the treatment of domestic abuse or

per evaluation as set forth below. If, after

sufficient evaluation and attendance at required

counseling sessions, the domestic violence treatment

program or licensed professional determines that the

defendant does not evaluate as a perpetrator of

domestic violence or does evaluate as a perpetrator of

domestic violence and should complete other programs

of treatment simultaneously or prior to domestic

violence treatment, including but not limited to

programs related to the mental health, apparent

substance or alcohol abuse or inability or refusal to

manage anger, the defendant shall be ordered to

complete the counseling as per the recommendations of

the domestic violence treatment program or licensed

professional;

The court shall set a review hearing no more than one

hundred twenty (120) days after the defendant is

ordered to participate in a domestic abuse counseling

program or undergo treatment for domestic abuse to

assure the attendance and compliance of the defendant

with the provisions of this subsection and the

domestic abuse counseling or treatment requirements.

The court may suspend sentencing of the defendant

until the defendant has presented proof to the court

of enrollment in a program of treatment for domestic

abuse by an individual licensed practitioner or a

domestic abuse treatment program certified by the

Attorney General and attendance at weekly sessions of

such program. Such proof shall be presented to the

Oklahoma Statutes - Title 21. Crimes and Punishments

court by the defendant no later than one hundred

twenty (120) days after the defendant is ordered to

such counseling or treatment. At such time, the court

may complete sentencing, beginning the period of the

sentence from the date that proof of enrollment is

presented to the court, and schedule reviews as

required by subparagraphs a and b of this paragraph

and paragraphs 4 and 5 of this subsection. Three

unexcused absences in succession or seven unexcused

absences in a period of fifty-two (52) weeks from any

court-ordered domestic abuse counseling or treatment

program shall be prima facie evidence of the violation

of the conditions of probation for the district

attorney to seek acceleration or revocation of any

probation entered by the court.

The court shall set a second review hearing after the

completion of the counseling or treatment to assure

the attendance and compliance of the defendant with

the provisions of this subsection and the domestic

abuse counseling or treatment requirements. The court

shall retain continuing jurisdiction over the

defendant during the course of ordered counseling

through the final review hearing;

4. The court may set subsequent or other review hearings as the

court determines necessary to assure the defendant attends and fully

complies with the provisions of this subsection and the domestic

abuse counseling or treatment requirements;

5. At any review hearing, if the defendant is not

satisfactorily attending individual counseling or a domestic abuse

counseling or treatment program or is not in compliance with any

domestic abuse counseling or treatment requirements, the court may

order the defendant to further or continue counseling, treatment, or

other necessary services. The court may revoke all or any part of a

suspended sentence, deferred sentence, or probation pursuant to

Section 991b of Title 22 of the Oklahoma Statutes and subject the

defendant to any or all remaining portions of the original sentence;

6. At the first review hearing, the court shall require the

defendant to appear in court. Thereafter, for any subsequent review

hearings, the court may accept a report on the progress of the

defendant from individual counseling, domestic abuse counseling, or

the treatment program. There shall be no requirement for the victim

to attend review hearings; and

7. If funding is available, a referee may be appointed and

assigned by the presiding judge of the district court to hear

designated cases set for review under this subsection. Reasonable

compensation for the referees shall be fixed by the presiding judge.

The referee shall meet the requirements and perform all duties in

Oklahoma Statutes - Title 21. Crimes and Punishments

the same manner and procedure as set forth in Sections 1-8-103 and

2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees

appointed in juvenile proceedings.

The defendant may be required to pay all or part of the cost of

the counseling or treatment, in the discretion of the court.

H. As used in subsection G of this section, “in the presence of

a child” means in the physical presence of a child; or having

knowledge that a child is present and may see or hear an act of

domestic violence. For the purposes of subsections C and G of this

section, “child” may be any child whether or not related to the

victim or the defendant.

I. For the purposes of subsections C and G of this section, any

conviction for assault and battery against an intimate partner or a

family or household member as defined by Section 60.1 of Title 22 of

the Oklahoma Statutes shall constitute a sufficient basis for a

felony charge:

1. If that conviction is rendered in any state, county or

parish court of record of this or any other state; or

2. If that conviction is rendered in any municipal court of

record of this or any other state for which any jail time was

served; provided, no conviction in a municipal court of record

entered prior to November 1, 1997, shall constitute a prior

conviction for purposes of a felony charge.

J. Any person who commits any assault and battery by

strangulation or attempted strangulation against an intimate partner

or a family or household member as defined by Section 60.1 of Title

22 of the Oklahoma Statutes shall, upon conviction, be guilty of

domestic abuse by strangulation and shall be punished by

imprisonment in the custody of the Department of Corrections for a

period of not less than one (1) year nor more than three (3) years,

or by a fine of not more than Three Thousand Dollars ($3,000.00), or

by both such fine and imprisonment. Upon a second or subsequent

conviction for a violation of this section, the defendant shall be

punished by imprisonment in the custody of the Department of

Corrections for a period of not less than three (3) years nor more

than ten (10) years, or by a fine of not more than Twenty Thousand

Dollars ($20,000.00), or by both such fine and imprisonment. The

provisions of Section 51.1 of this title shall apply to any second

or subsequent conviction of a violation of this subsection. As used

in this subsection, “strangulation” means any form of asphyxia;

including, but not limited to, asphyxia characterized by closure of

the blood vessels or air passages of the neck as a result of

external pressure on the neck or the closure of the nostrils or

mouth as a result of external pressure on the head.

K. Any district court of this state and any judge thereof shall

be immune from any liability or prosecution for issuing an order

that requires a defendant to:

Oklahoma Statutes - Title 21. Crimes and Punishments

1. Attend a treatment program for domestic abusers certified by

the Attorney General;

2. Attend counseling or treatment services ordered as part of

any suspended or deferred sentence or probation; and

3. Attend, complete, and be evaluated before and after

attendance by a treatment program for domestic abusers, certified by

the Attorney General.

L. There shall be no charge of fees or costs to any victim of

domestic violence, stalking, or sexual assault in connection with

the prosecution of a domestic violence, stalking, or sexual assault

offense in this state.

M. In the course of prosecuting any charge of domestic abuse,

stalking, harassment, rape, or violation of a protective order, the

prosecutor shall provide the court, prior to sentencing or any plea

agreement, a local history and any other available history of past

convictions of the defendant within the last ten (10) years relating

to domestic abuse, stalking, harassment, rape, violation of a

protective order, or any other violent misdemeanor or felony

convictions.

N. Any plea of guilty or finding of guilt for a violation of

subsection C, F, G, I or J of this section shall constitute a

conviction of the offense for the purpose of this act or any other

criminal statute under which the existence of a prior conviction is

relevant for a period of ten (10) years following the completion of

any court imposed probationary term; provided, the person has not,

in the meantime, been convicted of a misdemeanor involving moral

turpitude or a felony.

O. For purposes of subsection F of this section, “great bodily

injury” means bone fracture, protracted and obvious disfigurement,

protracted loss or impairment of the function of a body part, organ

or mental faculty, or substantial risk of death.

P. Any pleas of guilty or nolo contendere or finding of guilt

to a violation of any provision of this section shall constitute a

conviction of the offense for the purpose of any subsection of this

section under which the existence of a prior conviction is relevant

for a period of ten (10) years following the completion of any

sentence or court imposed probationary term.

R.L.1910, § 2343. Amended by Laws 1986, c. 143, § 1, emerg. eff.

April 21, 1986; Laws 1996, c. 197, § 2, emerg. eff. May 20, 1996;

Laws 1999, c. 309, § 1, eff. Nov. 1, 1999; Laws 2000, c. 6, § 31,

emerg. eff. March 20, 2000; Laws 2004, c. 516, § 1, eff. July 1,

2005; Laws 2005, c. 1, § 12, eff. July 1, 2005; Laws 2005, c. 348, §

9, eff. July 1, 2005; Laws 2006, c. 284, § 1, emerg. eff. June 7,

2006; Laws 2008, c. 174, § 1, eff. Nov. 1, 2008; Laws 2008, c. 318,

§ 1, eff. Nov. 1, 2008; Laws 2009, c. 2, § 1, emerg. eff. March 12,

2009; Laws 2009, c. 87, § 1, eff. Nov. 1, 2009; Laws 2010, c. 113, §

1; Laws 2010, c. 348, § 1, eff. Nov. 1, 2010; Laws 2011, c. 385, §

Oklahoma Statutes - Title 21. Crimes and Punishments

2, eff. Nov. 1, 2011; Laws 2014, c. 71, § 1, eff. Nov. 1, 2014; Laws

2019, c. 200, § 1, eff. Nov. 1, 2019; Laws 2023, c. 224, § 1, emerg.

eff. May 5, 2023; Laws 2024, c. 452, § 6, emerg. eff. June 14, 2024;

Laws 2025, c. 147, § 1, eff. Nov. 1, 2025.

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

date of Laws 1997, c. 133, § 217 from July 1, 1998, to July 1, 1999.

NOTE: Laws 1997, c. 133, § 217 repealed by Laws 1999, 1st Ex. Sess.,

c. 5, § 452, eff. July 1, 1999. Laws 1997, c. 368, § 3 repealed by

Laws 2000, c. 6, § 34, emerg. eff. March 20, 2000. Laws 2004, c.

520, § 1 repealed by Laws 2005, c. 1, § 13, eff. July 1, 2005. Laws

2008, c. 403, § 1 repealed by Laws 2009, c. 2, § 2, emerg. eff.

March 12, 2009.

§21-644v2. Assault - Assault and battery - Domestic abuse.

A. Assault shall be punishable by imprisonment in a county jail

not exceeding thirty (30) days, or by a fine of not more than Five

Hundred Dollars ($500.00), or by both such fine and imprisonment.

B. Assault and battery shall be punishable by imprisonment in a

county jail not exceeding ninety (90) days, or by a fine of not more