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SENATE FLOOR VERSION
February 29, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1100 By: Rosino of the Senate
and
Bashore of the House
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1172, which relates to obscene,
threatening, or harassing telecommunication or other
electronic communications; prohibiting certain
communications through an online platform; defining
term; modifying punishments for certain misdemeanor
and felony offenses; and providing an effect ive date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1172, is
amended to read as follows:
Section 1172. A. It shall be unlawful for a person who to, by
means of a telecommunicat ion or, other electronic communication
device, or online platform, willfully either:
1. Makes Make any comment, request, suggestion, or proposal
which is obscene, lewd, lascivious, filthy, or indecent;
2. Makes Make a telecommunication or, other electronic
communication, or post on an online platform including text, sound,
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or images with intent to terrify, intimidate or harass, or threaten
to inflict injury or, physical harm, or severe emotional distress to
any person or property of that person;
3. Makes Make a telecommunication or, other electronic
communication, or post on an online platform whether or not
conversation ensues, with intent to put the party called in fear of
physical harm or death;
4. Makes Make a telecommunication or, other electronic
communication, or post on an online platform including text, sound,
or images whether or not conversation ensues, without disclosing the
identity of the person making the call or communication and with
intent to annoy, abuse, threaten, or harass any person at the called
number;
5. Knowingly permits permit any telecommunication or, other
electronic communication , or online platform account under the
control of the person to be used for any purpose prohibited by this
section; and
6. In conspiracy or concerte d action with other persons, makes
repeated or simultaneous calls or, electronic communications or
simultaneous calls or electronic communications posts on an online
platform solely to harass any person at the called number(s) number
or on the online platform.
B. As used in this section , “telecommunication”:
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1. “Online platform” means a website or online application that
is open to the public, allows a user to create an account, and
enables users to communicate with other users for the primary
purpose of posting information, comments, messages, or images ; and
2. “Telecommunication” and “electronic communication ” mean any
type of telephonic, electronic , or radio communications, or
transmission of signs, signals, data, writings, images and sounds,
or intelligence of any nature by telephone, including cellular
telephones, wire, cable, radio, electromagnetic, photoelectronic , 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:
1. A
a. communication initiated by elect ronic mail, instant
message, network call, or facsimile machine including
text, sound, or images;,
2. A
b. communication made to a pager;, or
3. A
c. communication including text, sound , or images posted
to a social media or other public media source.
C. Use of a telephone or other electronic communications
facility under this section shall include all use made of such a
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facility between the points of origin and reception. Any offense
under this section is a continuing offense and shall be deemed to
have been committed at either the place of origin or the place of
reception.
D. Except as provided in subsection E of th is section, any
1. Any person who is convicted of under the provisions of
subsection A of this section , shall be guilty of a misdemeanor
punishable by a fine not to exceed Two Hundred Dollars ($200 .00),
imprisonment in the county jail for not more than thirty (30) days,
or by both such fine and imprisonment .
2. Any person who is convicted for subsequent offenses under
the provisions of subsection A of this section shall be guilty of a
felony punishable by a fine not to exceed Seve n Hundred Dollars
($700.00), imprisonment in the custody of the Department of
Corrections for not more than one (1) year, or by both such fine and
imprisonment.
E. Any person who is convicted of a second offense under this
section shall be guilty of a felony.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
February 29, 2024 - DO PASS AS AMENDED BY CS