Oklahoma § 21-649 - Assault, battery or assault and battery upon police

§ 21-649. Assault, battery or assault and battery upon police

officer or other peace officer - Penalties.

A. Every person who, without justifiable or excusable cause,

knowingly commits any assault upon the person of a police officer,

sheriff, deputy sheriff, highway patrolman, corrections personnel,

or state peace officer employed or duly appointed by any state

governmental agency to enforce state laws while the officer is in

the performance of his or her duties is punishable by imprisonment

in the county jail not exceeding six (6) months, or by a fine not

exceeding Five Hundred Dollars ($500.00), or by both such fine and

imprisonment.

B. Every person who, without justifiable or excusable cause

knowingly commits battery or assault and battery upon the person of

a police officer, sheriff, deputy sheriff, highway patrolman,

corrections personnel, or other state peace officer employed or duly

appointed by any state governmental agency to enforce state laws

while the officer is in the performance of his or her duties, upon

conviction, shall be guilty of a Class B5 felony offense punishable

by imprisonment in the custody of the Department of Corrections of

not more than five (5) years or county jail for a period not to

exceed one (1) year, or by a fine not exceeding Five Hundred Dollars

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

C. As used in this section and in Section 650 of this title,

"corrections personnel" means any person, employed or duly appointed

by the state or by a political subdivision, who has direct contact

with inmates of a jail or state correctional facility, and includes

but is not limited to, Department of Corrections personnel in job

classifications requiring direct contact with inmates, persons

providing vocational-technical training to inmates, education

personnel who have direct contact with inmates because of education

programs for inmates, and persons employed or duly appointed by

county or municipal jails to supervise inmates or to provide medical

treatment or meals to inmates of jails.

D. For the purposes of this section, assault and battery upon

law officers includes any attempt to reach for or gain control of

the firearm of any police officer, sheriff, deputy sheriff, highway

patrol, corrections personnel as defined in Section 649 of this

title, or any peace officer employed by any state or federal

governmental agency to enforce state laws.

E. For purposes of this section, if an officer is off duty and

the nature of the assault or assault and battery relates back to, or

in any manner or circumstances has to do with, his or her official

position as a law enforcement officer then it shall fall within the

meaning of "in the performance of his or her duties" as an officer.

Oklahoma Statutes - Title 21. Crimes and Punishments

F. This section shall not supersede any other act or acts, but

shall be cumulative thereto.

Added by Laws 1965, c. 221, § 2, emerg. eff. June 16, 1965. Amended

by Laws 1989, c. 183, § 1, eff. Nov. 1, 1989; Laws 1990, c. 58, § 1,

eff. Sept. 1, 1990; Laws 1997, c. 133, § 219, eff. July 1, 1999;

Laws 1999, 1st Ex. Sess., c. 5, § 126, eff. July 1, 1999; Laws 2001,

c. 324, § 4, eff. July 1, 2001; Laws 2015, c. 17, § 1, eff. Nov. 1,

2015; Laws 2015, c. 117, § 1, eff. Nov. 1, 2015; Laws 2025, c. 486,

§ 150, eff. Jan. 1, 2026.

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

date of Laws 1997, c. 133, § 219 from July 1, 1998, to July 1, 1999.