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ENGROSSED HOUSE
BILL NO. 1405 By: Duel of the House
and
Thompson (Kristen) of the
Senate
An Act relating to online harassment; establ ishing
elements of certain offense; defini ng terms; allowing
request for injunctive relief; authori zing award of
damages; providing for cumulative remedies; prov iding
for codification; and providing an effective date.
BE IT ENACTED BY THE PEO PLE 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 communicatio n,
including text, sound, or image, for the purpose of terrifying,
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intimidating, harassing, or threatening to inflict injury or
physical harm to any person or prop erty of that person;
3. Makes a telecommuni cation or other electronic communication,
whether or not conversation ensues, for the purpose of putting the
party in fear of physical harm or de ath;
4. Makes a telecommunication or other electronic communication,
including text, sound, or images , whether 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 intimidating 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 pers on to be used for any
purpose prohibited by this section; or
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 injured as a result thereof.
B. As used in this section:
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1. "Electronic communication" and "telecommunication" means any
type of telephonic, electronic or radio communications, or
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, photoelectronic or
photo-optical system, or the creation, display, management, storage,
processing, transmission or distribution o f 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 pager, 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 or 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 device. The
plaintiff may be awarded damages as provided in s ubsection D of this
section.
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D. Actual damages shall include but not be limited to funds
spent related to counseling or libel. Punitive damages of not less
than Five Hundred Dollars ($500.00) per individual may be awarded to
the injured party or parties. The prevailing party in any action
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.
Passed the House of Representatives the 13th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate