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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1935 By: Sterling
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 152, as last amended by Section 1,
Chapter 338, O.S.L. 2024 (22 O .S. Supp. 2024, Section
152), which relates to limitations; modifying crimes
that may be prosecuted within certain limitation; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 152, as last
amended by Section 1, Chap ter 338, O.S.L. 2024 (22 O.S. Supp. 2024,
Section 152), is amended to read as follows:
Section 152. A. Prosecutions for the crimes of bribery,
embezzlement of public money, bon ds, securities, assets or property
of the state or any county, school district, municipality or other
subdivision thereof, or of any misappropriation of public money,
bonds, securities, assets or property of the state or any county,
school district, munici pality or other subdivision thereof,
falsification of public records of the st ate or any county, school
district, municipality or other subdivision thereof, and conspiracy
to defraud the State of Oklahoma or any county, school district,
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municipality or other subdivision thereof in any manner or for any
purpose shall be commenced within seven (7) years after the
discovery of the crime; provided, however, prosecutions for the
crimes of embezzlement or misappropriation of public money, bonds,
securities, assets or property of any school district, including
those relating to student acti vity funds, or the crime of
falsification of public records of any independent school district,
the crime of criminal conspiracy, the crime of embezzlement pursuant
to Sections 1451 through 1461 of Title 21 of the Oklahoma Statutes,
the crime of False Personation or Identity Theft pursuant to
Sections 1531 through 1533.3 of Title 21 of the Oklahoma Statutes,
the financial exploitation of a vulnerable adult pursuant to
Sections 843.1, 843.3 and 843.4 of Title 21 of the Oklahoma
Statutes, or Medicaid fraud pu rsuant to Section 1005 of Title 56 of
the Oklahoma Statutes, shall be commenced within five (5) years
after the discovery of the crime.
B. Prosecutions for criminal violations o f any state income tax
laws shall be commenced within five (5) years after the commission
of such violation.
C. 1. Prosecutions for sexual crimes against children,
specifically rape or forcible sodomy, sodomy, lewd or indecent
proposals or acts against c hildren, involving minors in pornography
pursuant to Section 886, 888, 1111, 1 111.1, 1113, 1114, 1021.2,
1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes, child
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abuse pursuant to any offense prohibited by Section 843.5 of Title
21 of the Oklahoma Statutes, sexual abuse of a vulnerable adult
pursuant to Section 843.1 of Title 21 of the Oklahoma Statutes,
child trafficking pursuant to Section 866 of Title 21 of the
Oklahoma Statutes, and nonconsensual dissemination of private sexual
images pursuant to Section 1040.13b of Title 21 , and failure to
report abuse or neglect pur suant to Section 1-2-101 of Title 10A of
the Oklahoma Statutes shall be commenced by the forty -fifth birthday
of the alleged victim. Prosecutions for such crimes committed
against victims eighteen (18) years of age or older shall be
commenced within twenty (20) years after the discovery of the crime.
As used in this paragraph, "discovery" means the date that a
physical or sexually related crime involving a victim eighteen (18)
years of age or older is reported to a law enforcement agency. Any
offense for which the prosecution is not time -barred upon the
effective date of this act shall be retroactively subject to the
provisions of this subsection.
2. However, prosecutions for t he crimes listed in paragraph 1
of this subsection may be commenced at any time after the commission
of the offense if:
a. physical evidence is collected and preserved that is
capable of being tested to obtain a profile from
deoxyribonucleic acid (DNA), an d
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b. probable cause as to the identity of the offender is
subsequently establi shed through the use of a DNA
profile using evidence listed in subparagraph a of
this paragraph, or
c. the accused person has provided a confession or
admission related to the cr ime.
3. No prosecution under this subsection shall be based upon the
memory of the victim that has been recovered through psychotherapy
unless there is some evidence independent of such repressed memory.
4. Any person who knowingly and willfully makes a false claim
pursuant to this subsection or a claim that the person knows lacks
factual foundation may be reported to local law enforcement for
criminal investigation and, upon conviction, shall be guilty of a
felony.
D. Prosecutions for criminal violation s of any provision of the
Oklahoma Wildlife Conservation Code shall be commenced within three
(3) years after the commission of such offense.
E. Prosecutions for the crime of criminal fraud or workers '
compensation fraud pursuant to Section 1541.1, 1541.2 , 1662 or 1663
of Title 21 of the Oklahoma Statutes shall commence within thre e (3)
years after the discovery of the crime, but in no event greater than
seven (7) years after the commission of the crime.
F. Prosecution for the crime of false or bogus chec k pursuant
to Section 1541.1, 1541.2, 1541.3 or 1541.4 of Title 21 of the
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Oklahoma Statutes shall be commenced within five (5) years after the
commission of such offense.
G. Prosecution for the crime of solicitation for murder in the
first degree pursuant to Section 701.16 of Title 21 of the Oklahoma
Statutes shall be commenced wit hin seven (7) years after the
discovery of the crime. For purposes of this subsection,
"discovery" means the date upon which the crime is made known to
anyone other than a perso n involved in the solicitation.
H. In all other cases a prosecution for a public offense must
be commenced within three (3) years after its commission.
I. Prosecution for the crime of accessory after the fact must
be commenced within the same statute of limitations as that of the
felony for which the person acted as an accessory.
J. Prosecution for the crime of arson pursuant to Section 1401,
1402, 1403, 1404 or 1405 of Title 21 of the Oklahoma Statutes shall
be commenced within seven (7) years after the commission of the
crime.
K. Prosecutions for criminal violations in which a deadly
weapon is used to commit a felony or prosecutions for criminal
violations in which a deadly weapon is used in an attempt to commit
a felony shall be commenced within seven (7) years after the
commission of the crime.
L. Prosecutions for the crime o f human trafficking pursuant to
Section 748 of Title 21 of the Oklahoma Statutes shall be commenced
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within three (3) years after discovery of the crime. For purposes
of this subsection, "discovery" means the date upon which the crime
is reported to a law enforcement agency.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10759 CMA 12/28/24