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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1053 By: Montgomery
AS INTRODUCED
An Act relating to fraud; amending 21 O.S . 2021,
Section 1533, which relates to fa lse personation of
public officers; prohibiting certain acts to
wrongfully transfer real property; creating felony
offense; establishing puni shment; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 20 21, Section 1533, is
amended to read as follows:
Section 1533. A. Except as provided in subsection B of this
section, every person who falsely personates any public officer,
civil or military, any firefig hter, any law enforcement officer, any
emergency medical technician or other emergency medical care
provider, or any private individual having special au thority by law
to perform any act affecting the rights or interests of another, or
who assumes, without authority, any uniform or badge by which such
officers or persons are usually distinguished, and in such assumed
character does any act whereby another person is injured, defrauded,
harassed, vexed or annoyed, upon conviction, is guilty of a
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misdemeanor punishable by imprisonment in the county jail not
exceeding six (6) months, or by a fine not exceeding Two Thousand
Dollars ($2,000.00), or by both such f ine and imprisonment.
B. Every person who falsely personates any public officer or
any law enforcement officer in connection with or relating to any
sham legal process shall, upon conviction, be guilty of a felony,
punishable by imprisonment in the custod y of the Department of
Corrections for not more than two (2) years, or a fine not exceeding
Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment.
C. Every person who falsely asserts authority of law not
provided for by federal or state la w in connection with any sham
legal process shall, upon conviction, be guilty of a felony,
punishable by imprisonment in the custody of the Department o f
Corrections for not more than two (2) years, or a fine not exceeding
Five Thousand Dollars ($5,000.00) , or both such fine and
imprisonment.
D. Every person who, while acting falsely in asserting
authority of law, attempts to intimidate or hinder a publi c official
or law enforcement officer in the discharge of official duties by
means of threats, harassmen t, physical abuse, or use of sham legal
process shall, upon conviction, be guilty of a felony punishabl e by
imprisonment in the custody of the Departmen t of Corrections for not
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more than two (2) years, or a fine not exceeding Five Thousand
Dollars ($5,000.00), or both such fine and imprisonment.
E. Any person who, without authority under federal or state
law, acts as a supreme court justice, a district c ourt judge, an
associate district judge, a special judge, a magistrate, a clerk of
the court or deputy, a notary public, a juror or other official
holding authority to determine a controversy or adjudicate t he
rights or interests of others, or signs a docu ment in such capacity,
shall, upon conviction, be guilty of a felony punishable by
imprisonment in the c ustody of the Department of Corrections for not
more than two (2) years, or a fine not exceeding Five T housand
Dollars ($5,000.00), or both such fine an d imprisonment.
F. Any person who, without authority under federal or state
law, acts as a supreme cour t justice, a district c ourt judge, an
associate district ju dge, a special judge, a magistrate, a clerk of
the court or deputy, a notary public, a juro r, or other official
holding authority signs a document in such capacity to wrongfully
transfer real proper ty which is the personal residence of another ,
shall, upon conviction, be guilty of a felony punishabl e by
imprisonment in the custody of the Departme nt of Corrections for not
more than ten (10) years, or a fine not exceeding Fi fty Thousand
Dollars ($50,000.00), or both such fine an d imprisonment.
G. Every person who uses any motor vehicle or motor -driven
cycle usually distinguished as a law enforcement vehicle or equips
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any motor vehicle or motor -driven cycle with any spot lamps, audible
sirens, or flashing lights, in violation of Section 12-217, 12-218
or 12-227 of Title 47 of the Oklahoma Statutes, or i n any other
manner uses any motor vehicle or motor -driven cycle:
1. Which, by markings that conform to or imitate the markings
required or authorized in subsection B of Section 151 of Title 47 of
the Oklahoma Statutes and used by the Oklahoma Highway Patr ol
Division of the Department of Public Safety, co nveys to any person
the impression or appearance that it is a vehicle of the Oklahoma
Highway Patrol shall, upon conviction, be gui lty of a misdemeanor
punishable by imprisonment in the county jail for not more than one
(1) year, or by a fine not exceeding Five Hundred Dollars ($500.00),
or both fine and imprisonment; provided, nothing in this paragraph
shall be construed to prohibit the use of such a vehicle for
exhibitions, club activities, parades, and ot her functions of public
interest and which is not used on the public roads, streets, and
highways for regular transportation; or
2. For the purpose of f alsely personating a law enf orcement
officer and who in such assumed character commits any act whereby
another person is injured, defrauded, harassed, ve xed or annoyed
shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Department of Correct ions not
exceeding ten (10) years, or by a fine not exceeding Ten Thousand
Dollars ($10,000.00), or by both such fine and imp risonment.
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G. H. 1. Any person who displays or causes to be displayed the
words “State Police” alone or in conjunction with any othe r word or
words on any motor vehicle, badge, clothing, identification ca rd, or
any other object or document with the inten t to communicate peace
officer or investigating authority shall, upon conviction, be guilty
of a misdemeanor punishable by a fine not exceeding One Thousand
Dollars ($1,000.00). This paragraph shall not ap ply to any officer
with statewide investigatory or law enforcement authority.
2. Any person who displays or causes to display such words as
provided in this subsection for the purpose of falsely personating a
law enforcement officer and as such commits an y act whereby another
person is injured, defrauded , harassed, vexed or annoyed shall, upon
conviction, be guilty of a felony punishable by imprisonment i n the
custody of the Department of Corrections not exceeding ten (10)
years, or by a fine not exceeding Ten Thousand Dollars ($10,000.00),
or by both such fine and imprisonment.
H. I. As used in this section:
1. “Sham legal process” means the issuance, d isplay, delivery,
distribution, reliance on as lawful authority, or other use of an
instrument that is not lawfully issued, whether or not the
instrument is produced for inspection or actually exists, and
purports to do any of the following:
a. to be a summons, subpoena, judgment, arrest w arrant,
search warrant, or other order of a court recognized
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by the laws of this state, a law enforcement officer
commissioned pursuant to state or federal law or the
law of a federally recognized Indian tribe, or a
legislative, executive, or administrativ e agency
established by state or federal law or the law of a
federally recognized Indian tribe,
b. to assert jurisdicti on or authority over or determine
or adjudicate the legal or equitable status, rights,
duties, powers, or privileges of any person or
property, or
c. to require or authorize the search, seizure,
indictment, arrest, trial, or sentencing of any person
or property; and
2. “Lawfully issued” means adopted, issued, or rendered in
accordance with the applicable s tatutes, rules, regulations, and
ordinances of the United States, a state, or a political subdivision
of a state.
I. J. It shall not be a defense to a p rosecution under
subsection B, C, D or E of this section that:
1. The recipient of the sham legal proc ess did not accept or
believe in the authority falsely asserted in the sham legal process;
2. The person violating subsection B, C, D or E of this secti on
does not believe in the jurisdiction or authority of this state or
of the United States government; or
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3. The office the person violatin g subsection B, C, D or E of
this section purports to hold does no t exist or is not an official
office recognized by state or federal law.
SECTION 2. This act shall become effective November 1, 2023.
59-1-495 TEK 1/19/2023 1:06:13 PM