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ENGROSSED 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 815, which relates to aiding an
attempt to commit suicide; modifying punishment for
certain felony offense; expanding applicability of
certain felony offense; amending 21 O.S. 2021,
Section 817, which relates to aiding suicide;
modifying punishment for certain felony offense;
expanding applicability of certain felony offense;
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; amending 21 O.S.
2021, Section 1953, which relates to the Oklahoma
Computer Crimes Act; prohibiting certain actions;
creating felony offense; making language gender
neutral; repealing 21 O.S. 2021, Section 818, which
relates to punishment for aiding an attempt at
suicide; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 815, is
amended to read as follows:
Section 815. Every A. Any person who willfully aids another in
attempting to take his or her own life, in any manner which by the
preceding sections described in Section 813 or 814 of this title
that would have amounted to aiding suicide if the person assisted
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had actually taken hi s or her own life, is shall, upon conviction,
be guilty of aiding an attempt at suicide a felony punishable by a
fine not to exceed One Thousand Dollars ($1,000 .00), imprisonment in
the custody of the Department of Corrections not to exceed two (2)
years, or by both such fine and imprisonment.
B. Any person guilty of a felony offense pursuant to Section
1172 of this title that can be shown to be the proximate cause of
the attempted suicide of the victim of such offense shall, upon
conviction, be guilty of an offense under subsection A of this
section.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 817, is
amended to read as follows:
Section 817. A. Any person guilty of aiding suicide shall ,
upon conviction, be guilty of a felony pun ishable by a fine not to
exceed Five Thousand Dollars ($5,000 .00), imprisonment in the State
Penitentiary custody of the Department of Corrections for not less
than seven (7) years , or by both such fine and imprisonment.
B. Any person guilty of a felony o ffense pursuant to Section
1172 of this title that can be shown to be the proximate cause of
the suicide of the victim of such offense shall, upon conviction, be
guilty of an offense under subsection A of this section .
SECTION 3. AMENDATORY 21 O.S. 2021, Section 1172, is
amended to read as follows:
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Section 1172. A. It shall be unlawful for a person who to, by
means of a telecommunication 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 with intent
to harass or threaten to inflict injury, physical harm, or severe
emotional distress to any person ;
2. Makes Make a telecommunication or, other electronic
communication, or post on an online platform including text, sound ,
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 per son;
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 any person
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, or post
and with intent to annoy, abu se, threaten, or harass any person at
which the called number communication is directed ;
5. Knowingly permits permit any telecommunication or, other
electronic communication , or online platform account under the
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control of the person to be used for any pu rpose prohibited by this
section; and or
6. In conspiracy or concerted action with other persons, makes
make 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” :
1. “Online platform” means a website or online application that
is open to the public, allows a user to create an account, an d
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 sound s,
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
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a. communication initiated by electronic 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 co mmunications
facility under this section shall include all use made of such a
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 ori gin or the place of
reception.
D. Except as provided in subsec tion E of this 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 Five Hun dred Dollars ($500.00),
imprisonment in the county jail not to exceed one (1) year, or by
both such fine and imprisonment .
E. 2. Any person who is convicted of a second offense under the
provisions of subsection A of this section shall be guilty of a
felony punishable by a fine not to exceed One Thousand Dollars
($1,000.00), imprisonment in the custody of the Department of
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Corrections not to exceed two (2) years, or by both such fine and
imprisonment.
3. Any person who is convicted of a third or subsequen t offense
under the provisions of subsection A of this section shall be guilty
of a felony punishable by a fine not less than Five Thousand Dollars
($5,000.00) and not more than One Hundred Thousand Dollars
($100,000.00), or by imprisonment in the custody of the Department
of Corrections not to exceed ten (10) years, or by both such fine
and imprisonment.
SECTION 4. AMENDATORY 21 O.S. 2021, Section 1953, is
amended to read as follows:
Section 1953. A. It shall be unlawful to:
1. Willfully, and without authorization, gain or attempt to
gain access to and damage, modify, alter, delete, destroy, copy,
make use of, use malicious computer programs on, disclose or take
possession of a computer, computer system, computer network, data o r
any other property;
2. Use a computer, computer system, comp uter network or any
other property as hereinbefore defined for the purpose of devising
or executing a scheme or artifice with the intent to defraud,
deceive, extort or for the purpose of contro lling or obtaining
money, property, data, services or other thing of value by means of
a false or fraudulent pretense or representation;
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3. Willfully exceed the limits of authorization and damage,
modify, alter, destroy, copy, delete, disclose or take pos session of
a computer, computer system, computer network, data or any other
property;
4. Willfully and without authorization, gain or attempt to gain
access to a computer, computer system, computer network, data or any
other property;
5. Willfully and wi thout authorization use or cause to be used
computer services;
6. Willfully and without authorization disrupt or cause the
disruption of computer services or deny or cause the denial of
access or other computer services to an authorized user of a
computer, computer system or computer network, other than an
authorized entity acting for a legitimate business purpose with the
effective consent of the owner;
7. Willfully and without authorization provide or assist in
providing a means of accessing a computer, computer system, data or
computer network in violation of this section;
8. Willfully use a computer, computer system, or computer
network, or other electronic device or system to annoy, abuse,
threaten, or harass another person;
9. Willfully use a compu ter, computer system, or computer
network, or other electronic device or system to put another person
in fear of physical harm or death; and
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10. Willfully use a computer, computer system, computer
network, or other electronic device or system to encourage another
person to harm himself or herself or to commit suicide; and
11. Willfully solicit another, regardless of any financial
consideration or exchange of property, of any acts described in
paragraphs 1 through 9 10 of this subsection.
B. Any person convicted of violating paragraph 1, 2, 3, 6, 7, 9
or 10, or 11 of subsection A of this section shall be guilty of a
felony punishable as provided in Section 1955 of this title.
C. Any person convicted of violating paragraph 4, 5 or 8 of
subsection A of this section shall be guilty of a misdemeanor.
D. Nothing in the Oklahoma Computer Crimes Act shall be
construed to prohibit the monitoring of computer usage of, or the
denial of computer or Internet access to, a child by a parent, legal
guardian, legal custo dian, or foster parent. As used in this
subsection, “child” sh all mean any person less than eighteen (18)
years of age.
E. Nothing in the Oklahoma Computer Crimes Act shall be
construed to prohibit testing by an authorized entity, the purpose
of which is to provide to the owner or operator of the computer,
computer system or computer network an evaluation of the security of
the computer, computer system or computer network against real or
imagined threats or harms.
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SECTION 5. REPEALER 21 O.S. 2021, Section 818, is hereby
repealed.
SECTION 6. This act shall become effective November 1, 2024.
Passed the Senate the 1 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the _ ___ day of __________,
2024.
Presiding Officer of the House
of Representatives