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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 564 By: Garvin
AS INTRODUCED
An Act relating to online harassment; establishing
elements of certain offense; defining terms; allowing
request for injunctive re lief; authorizing award of
damages; providing for cumulative remedies; providing
for codification; and pro viding an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1450.1 of Title 12, unless there
is created a duplication in num bering, reads as follows:
A. Any person who, by means of a telecommunication or other
electronic communication device, either:
1. Makes any comment, request, suggestion, or proposal which is
obscene, lewd, lascivious, filthy, or indecent;
2. Makes a telecommunication or other electronic communication ,
including text, sound, or image fo r the purpose of terrifying,
intimidating, harassing, or threatening to inflict injury or
physical harm to any person or prop erty of that person;
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3. Makes a telecommuni cation or other electronic communication,
whether or not conversation ensues fo r the purpose of putting the
party in fear of physical harm or de ath;
4. Makes a telecommunica tion or other electronic communication,
including text, sound, or images wh ether or not conversation ensues,
without disclosing the identity of the person making the call or
communication and for the purpose of annoying, abusing, threatening,
or harassing any person at the called number;
5. Makes a telecommunication or other ele ctronic communication,
including text, sound, or images for the purpose of intimidati ng or
threatening a person to alter his or her mode o f carrying on
business or to interrupt the carrying on of business;
6. Knowingly permits any telecommunication or oth er electronic
communication under the control of the person to be used for any
purpose prohibited by this section; and
7. In conspiracy or concerted action with other persons, makes
repeated calls or el ectronic communications or simultaneous calls or
electronic communications solely to harass any person at the called
number,
shall be liable for online harassment and liable for any damages
sustained by the person or persons injur ed as a result thereof.
B. As used in this section:
1. “Electronic communication” and “telecommunication” means any
type of telephonic, electronic or radio communicatio ns, or
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transmission of signs, signals, data, writings, image s, and sounds
or intelligence of any nature by telephone, including cellular
telephones, wire, cable, radi o, electromagnetic, photoelectron ic or
photo-optical system or the creation , display, management, storage,
processing, transmission or distribution of images, text, voice,
video or data by wire, cable or wireless means, including the
internet. The term includes:
a. a communication initiated by electronic mail, instant
message, network call, or facsimile machine including
text, sound or images,
b. a communication made to a pag er, or
c. a communication including text, sound, or images
posted to a social m edia or other public media source;
and
2. “Person” means either a natural person o r entity.
C. At the time of filing a petition for an action pursuant to
this section, the plaintiff may re quest injunctive relief to prevent
any further intimidation, haras sment, threat, or abuse by means of a
telecommunication or other electronic communication dev ice. The
plaintiff may be awarded dam ages as provided in su bsection D of this
section.
D. Actual damages shall include but not be limited to funds
spent related to counseling or libel. P unitive damages of not less
than Five Hundred Dollars ($500.00) per individual may be awarded to
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the injured party or parties. The prevailing party in any act ion
under this section shall be entitled t o court costs and reasonable
attorney fees.
E. The remedies provided for in this section are cumulative and
shall be in addition to any others provided for by law.
SECTION 2. This act shall become effective November 1, 2023.
59-1-467 TEK 1/17/2023 5:45:46 PM