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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1578 By: Gann
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2011, Section 1312, which relates to
penalties for participating in riots; updating
language; making certain acts unlawful; providing
penalties; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1312, is
amended to read as follows:
Section 1312. Every person guilty of participating in any riot
is punishable as follows:
1. If any murder, maiming, robbery, rape or arson was committed
in the course of such riot, such person is punishable in the same
manner as a principal in such crime;
2. If the purpose of the riotous assembly was to resist the
execution of any statute of this state or of the United States, or
to obstruct any public officer of this state or of the United
States, in the performance of any legal duty, or in serving or
executing any legal process, such person shall , upon conviction, be
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guilty of a felony punishable by imprisonment in the State
Penitentiary custody of the Department of Corrections for a term not
exceeding ten (10) years and not less than tw o (2) years;
3. If such person carried at the time of such riot any species
of firearms, or other deadly or dangerous weapon, or was disguised,
such person shall, upon conviction, be guilty of a felony punishable
by imprisonment in the State Penitentiary custody of the Department
of Corrections for a term not exceeding ten (10) years and not less
than two (2) years;
4. If such person directed, advised, encouraged or solicited
other persons, who participated in the riot to acts of force or
violence, such person shall, upon conviction, be guilty of a felony
punishable by imprisonment in the State Penitentiary custody of the
Department of Corrections for a term not exceeding twenty (20) years
and not less than two (2) years;
5. If such person threw or caused to be propelled any object or
substance of any kind at another person that struck the person in
the course of a riot, such person shall, upon conviction, be guilty
of a misdemeanor punishable by imprisonment in county jail for a
term of not less than six (6) months;
6. If such person threw or caused to be propelled any object or
substance of any kind at a law enforcement officer or emergency
first responder that struck the law enforcement officer or emergency
first responder in the course of a riot, such person shall, upon
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conviction, be guilty of a felony punishable by imprisonment in the
custody of the Department of Corrections for a term not exceeding
ten (10) years and not less than two (2) years ; or
7. If such person willfully damaged, destroyed, van dalized or
defaced any structure, building or office space owned or leased by a
municipality, county, state or federal governmental authority in the
course of such riot, such person shall, upon conviction, be guilty
of a felony punishable by imprisonment i n the custody of the
Department of Corrections for a term not exceeding ten (10) years
and not less than two (2) years; or
8. If such person intentionally caused annoyance, alarm or fear
to any other person by engaging in fighting or in violent,
tumultuous or threatening behavior or by addressing abusive language
to another person at a public accommodation in the course of such
riot, such person shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment in the county jail for a term of not less
than one (1) year.
In all other cases such person is punishable as for a
misdemeanor.
SECTION 2. This act shall become effective November 1, 2021.
58-1-5637 GRS 01/16/21