Oklahoma § 21-850 - Malicious intimidation or harassment because of race,

§ 21-850. Malicious intimidation or harassment because of race,

color, religion, ancestry, national origin or disability Standardized reporting system.

A. No person shall maliciously and with the specific intent to

intimidate or harass another person because of that person's race,

color, religion, ancestry, national origin or disability:

1. Assault or batter another person;

2. Damage, destroy, vandalize or deface any real or personal

property of another person; or

3. Threaten, by word or act, to do any act prohibited by

paragraph 1 or 2 of this subsection if there is reasonable cause to

believe that such act will occur.

B. No person shall maliciously and with specific intent to

incite or produce, and which is likely to incite or produce,

imminent violence, which violence would be directed against another

Oklahoma Statutes - Title 21. Crimes and Punishments

person because of that person's race, color, religion, ancestry,

national origin or disability, make or transmit, cause or allow to

be transmitted, any telephonic, computerized, or electronic message.

C. No person shall maliciously and with specific intent to

incite or produce, and which is likely to incite or produce,

imminent violence, which violence would be directed against another

person because of that person's race, color, religion, ancestry,

national origin or disability, broadcast, publish, or distribute,

cause or allow to be broadcast, published or distributed, any

message or material.

D. Any person convicted of violating any provision of

subsections A, B or C of this section shall be guilty of a

misdemeanor on a first offense and a Class B4 felony offense

punishable by not more than ten (10) years incarceration in the

custody of the Department of Corrections for a second or subsequent

offense. The fine for a felony violation of this section shall not

exceed Ten Thousand Dollars ($10,000.00). Furthermore, said person

shall be civilly liable for any damages resulting from any violation

of this section.

E. Upon conviction, any person guilty of a misdemeanor in

violation of this section shall be punishable by the imposition of a

fine not exceeding One Thousand Dollars ($1,000.00), or by

imprisonment in the county jail for a period of not more than one

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

F. The Oklahoma State Bureau of Investigation shall develop a

standard system for state and local law enforcement agencies to

report incidents of crime which are apparently directed against

members of racial, ethnic, religious groups or other groups

specified by this section. The Oklahoma State Bureau of

Investigation shall promulgate rules, regulations and procedures

necessary to develop, implement and maintain a standard system for

the collection and reporting of hate crime data. All state, county,

city and town law enforcement agencies shall submit a monthly report

to the Oklahoma State Bureau of Investigation on forms prescribed by

the Bureau. The report shall contain the number and nature of the

offenses committed within their respective jurisdictions, the

disposition of such matters and any other information the Bureau may

require, respecting information relating to the cause and prevention

of crime, recidivism, the rehabilitation of criminals and the proper

administration of criminal justice.

G. No person, partnership, company or corporation that installs

telephonic, computerized, or electronic message equipment shall be

required to monitor the use of such equipment for possible

violations of this section, nor shall such person, partnership,

company or corporation be held criminally or civilly liable for the

use by another person of the equipment in violation of this section,

unless the person, partnership, company or corporation that

Oklahoma Statutes - Title 21. Crimes and Punishments

installed the equipment had prior actual knowledge that the

equipment was to be used in violation of this section.

Added by Laws 1987, c. 48, § 1, emerg. eff. April 24, 1987. Amended

by Laws 1989, c. 68, § 1, emerg. eff. April 13, 1989; Laws 1990, c.

73, § 1, emerg. eff. April 16, 1990; Laws 1992, c. 82, § 1, eff.

Sept. 1, 1992; Laws 1997, c. 133, § 249, eff. July 1, 1999; Laws

1998, c. 330, § 1, eff. Nov. 1, 1998; Laws 1998, 1st Ex. Sess., c.

2, § 7, emerg. eff. June 19, 1998; Laws 1999, 1st Ex. Sess., c. 5, §

153, eff. July 1, 1999; Laws 2001, c. 45, § 1, eff. Nov. 1, 2001;

Laws 2025, c. 486, § 103, eff. Jan. 1, 2026.

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

date of Laws 1997, c. 133, § 249 from July 1, 1998, to July 1, 1999.