Oklahoma § 21-650.11 - Medical battery – Penalties - Definition

§ 21-650.11. Medical battery – Penalties - Definition

A. Medical battery is a Class B6 felony offense, upon

conviction, punishable by imprisonment in the county jail for a term

of not more than one (1) year, or imprisonment in the custody of the

Department of Corrections for a term of not more than four (4)

years, and a fine in an amount not more than Five Thousand Dollars

($5,000.00). In addition, the defendant shall be ordered to make

restitution to the victim in an amount as determined by the court.

B. For purposes of this section, “medical battery” means:

1. The defendant has been found guilty of practicing dentistry,

medicine, osteopathic medicine, or surgery, without a license or

authority as prohibited by the provisions of the State Dental Act,

the Oklahoma Allopathic Medical and Surgical Licensure and

Supervision Act, or the Oklahoma Osteopathic Medicine Act;

2. The treatment, or course of treatment, practiced in

violation of the provisions of the State Dental Act, the Oklahoma

Allopathic Medical and Surgical Licensure and Supervision Act, or

the Osteopathic Medicine Act resulted in the victim having permanent

physical injury or disfigurement;

3. The victim consented to such treatment, or course of

treatment, under a belief that the defendant was licensed and

authorized to diagnose and perform the treatment; and

4. The defendant willfully performed the act knowing that such

act was prohibited pursuant to law.

Added by Laws 2008, c. 358, § 6, eff. Nov. 1, 2008. Amended by Laws

2025, c. 486, § 186, eff. Jan. 1, 2026.

§21-650v1. Aggravated assault and battery upon peace officer.

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

knowingly commits any aggravated assault and battery upon the person

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

corrections personnel as defined in Section 649 of this title, or

any state peace officer employed by any state or federal

governmental agency to enforce state laws, while the officer is in

the performance of his or her duties shall, upon conviction, be

guilty of a felony punishable by imprisonment in the custody of the

Department of Corrections for not more than life, a fine not

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

imprisonment.

Oklahoma Statutes - Title 21. Crimes and Punishments

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

commits any aggravated assault and battery upon a person that the

violator knows or should reasonably know is a police officer,

sheriff, deputy sheriff, highway patrolman, corrections personnel as

defined in Section 649 of this title, or any state peace officer

employed by any state or federal governmental agency to enforce

state laws, that results in maiming as defined in Section 751 of

this title, while the officer is in the performance of his or her

duties shall, upon conviction, be guilty of a felony punishable by

imprisonment in the custody of the Department of Corrections for not

less than five (5) years nor more than life, a fine not exceeding

Five Thousand Dollars ($5,000.00), or by both such fine and

imprisonment.

C. For purposes of this section, aggravated assault and battery

upon law officers includes:

1. The physical contact with and an attempt to gain control of

the firearm; or

2. The strangulation,

of any police officer, sheriff, deputy sheriff, highway patrolman,

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.

As used in this subsection, “strangulation” shall have the same

meaning as provided in subsection J of Section 644 of this title.

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

shall be cumulative thereto.

Added by Laws 1969, c. 95, §§ 1, 2, emerg. eff. March 27, 1969.

Amended by Laws 1989, c. 183, § 2, eff. Nov. 1, 1989; Laws 1990, c.

58, § 2, eff. Sept. 1, 1990; Laws 1997, c. 133, § 222, eff. July 1,

1999; Laws 1999, 1st Ex.Sess., c. 5, § 129, eff. July 1, 1999; Laws

2011, c. 385, § 3, eff. Nov. 1, 2011; Laws 2015, c. 17, § 2, eff.

Nov. 1, 2015; Laws 2025, c. 32, § 1, eff. Nov. 1, 2025.

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

date of Laws 1997, c. 133, § 222 from July 1, 1998, to July 1, 1999.

§21-650v2. Aggravated assault and battery upon peace officer.

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

knowingly commits any aggravated assault and battery upon the person

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

corrections personnel as defined in Section 649 of this title, or

any state peace officer employed by any state or federal

governmental agency to enforce state laws, while the officer is in

the performance of his or her duties shall upon conviction thereof

be guilty of a Class A3 felony offense, which shall be punishable by

imprisonment in the custody of the Department of Corrections for not

more than life or by a fine not exceeding One Thousand Dollars

($1,000.00), or by both such fine and imprisonment.

Oklahoma Statutes - Title 21. Crimes and Punishments

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

commits any aggravated assault and battery upon a person that the

violator knows or should reasonably know is a police officer,

sheriff, deputy sheriff or highway patrolman, corrections personnel

as defined in Section 649 of this title, or any state peace officer

employed by any state or federal governmental agency to enforce

state laws, that results in maiming as defined in Section 751 of

this title, while the officer is in the performance of his or her

duties shall, upon conviction, be guilty of a Class A2 felony

offense punishable by imprisonment in the custody of the Department

of Corrections of not less than five (5) years nor more than life or

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

both such fine and imprisonment.

C. For purposes of this section, aggravated assault and battery

upon law officers includes the physical contact with and in attempt

to gain control of the firearm of any police officer, sheriff,

deputy sheriff, highway patrolman, 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.

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

shall be cumulative thereto.

Added by Laws 1969, c. 95, §§ 1, 2, emerg. eff. March 27, 1969.

Amended by Laws 1989, c. 183, § 2, eff. Nov. 1, 1989; Laws 1990, c.

58, § 2, eff. Sept. 1, 1990; Laws 1997, c. 133, § 222, eff. July 1,

1999; Laws 1999, 1st Ex.Sess., c. 5, § 129, eff. July 1, 1999; Laws

2011, c. 385, § 3, eff. Nov. 1, 2011; Laws 2015, c. 17, § 2, eff.

Nov. 1, 2015; Laws 2025, c. 486, § 16, eff. Jan. 1, 2026.

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

date of Laws 1997, c. 133, § 222 from July 1, 1998, to July 1, 1999.