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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2464 By: Lowe (Dick)
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2011, Section 1312, which relates to criminal
penalties for particip ating in riots; updating
language; making certain act unlawful; providing
penalty; providing exemption from civil or criminal
liability for motor vehicle operators under certain
circumstances; providing for codification; 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
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executing any legal process, such person shall , upon conviction, be
guilty of a felony puni shable 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;
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; or
5. If such person intentionally obstructs traffic, such person
shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections for a
term not exceeding five (5) years and not less than one (1) year.
In all other cases such person is punishable as for a
misdemeanor.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1320.11 of Title 21, unless
there is created a duplication in numbering, reads as follows:
If a person attempts to flee in a motor vehicle from an unlawful
riot or unlawful assembly, such person shall not be criminally or
civilly liable for any deaths or injuries to any individual
participating in the unlawful riot or unlawful assemblage that may
result if the person reasonably believed he or she or any occupant
of the motor vehicle was in danger.
SECTION 3. This act shall become effective November 1, 2021.
58-1-6584 GRS 01/10/21