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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1100 By: Rosino of the Senate
and
Bashore of the House
COMMITTEE SUBSTITUTE
An Act relating to crimes and puni shments; amending
21 O.S. 2021, Section 1172, which relates to obscene,
threatening, or harassing telecommunication or other
electronic communica tions; prohibiting certain
communications through online platforms; defining
terms; modifying punishments for c ertain misdemeanor
and felony offenses; amending 21 O.S. 2021, Section
1953, which relates to the Oklahoma Computer Crimes
Act; making certain acts unlawful; creating felony
offense; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1172, is
amended to read as follows:
Section 1172. A. I t shall be unlawful for a person who to, by
means of a telecommunication or, other electronic communication
device, or online platform, willfully either:
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1. Makes Make any comment, request, suggestion, or proposal
which is obscene, lewd, lascivious, filth y, or indecent with intent
to harass or threaten to inflict injury, physical harm, or se vere
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, abuse, 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 accoun t under the
control of the person to be used for any pu rpose prohibited by this
section; and
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6. In conspiracy or concerted action with other per sons, makes
make repeated or simultaneous calls or, electronic communications or
simultaneous calls or elect ronic communications posts on an online
platform solely to harass any person at the called number(s) number
or on the online platform; or
7. Commit an act of bullying, as defined in Section 24 -100.3 of
Title 70 of the Oklahoma S tatutes.
B. As used in this s ection, “telecommunication”:
1. “Online platform” means a website or online application that
is open to the public, allows a user to create an a ccount, and
enables users to communicate with other users for the primary
purpose of posting information, comme nts, messages, or images;
2. “Telecommunication” and “electronic communication” mean
means 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
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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 me dia source; and
3. “Severe emotional distress” means significant mental
suffering or distress that requires medical or other profess ional
treatment or counseling.
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 o ffense and shall be dee med to
have been committed at either the place of ori gin or the place of
reception.
D. Except as provided in subsection 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 mi sdemeanor
punishable by a fine not to exceed Five Hun dred Dollars ($500.00),
or by imprisonment in the county jail not to exceed one (1) year, or
by both such fine and imprisonment .
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E. 2. Any person who is convicted of a second offe nse 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), or by imprisonment in the custody of the Department of
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 s ubsection A of this section shall be guilty
of a felony punishable by a fine of not less than Five Thousand
Dollars ($5,000.00) and n ot more than One Hundre d 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 2. AMENDATORY 21 O.S. 2021, S ection 1953, is
amended to read as follows:
Section 1953. A. It shall be unlawful to:
1. Willfully, and without authoriz ation, gain or attempt to
gain access to and damage, modify, alter, delete, destroy, copy,
make use of, use malicious computer progra ms 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,
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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;
3. Willfully exceed the lim its of authorization an d 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 o r cause the denial of
access or other computer services to an authorized user of a
computer, computer system or computer ne twork, other than an
authorized entity acting for a legitimate business purpose with the
effective consent of the owner;
7. Willfully and without authoriza tion 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 to annoy, abuse, threaten , or harass another per son, or
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other electronic device or system that violates a provision of
subsection A of Section 1172 of this t itle;
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
10. Willfully use a computer, computer system, computer
network, or other electronic device or system to violate any of the
provisions provided for in Sections 813, 8 14, or 815 of this title;
or
11. Willfully solicit another, reg ardless 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 g uilty 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 m isdemeanor.
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 custodian, or foster parent. As use d in this
subsection, “child” shall mean any person less than eighteen ( 18)
years of age.
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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 ope rator of the computer,
computer system or compute r network an evaluation of the security of
the computer, computer system or computer network against real or
imagined threats or harms.
SECTION 3. This act shall become effective November 1 , 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
04/10/2024 - DO PASS, As Amended.