A. Assault shall be punishable by imprisonment in a county jail not exceeding thirty (30) days, or by a fine of not more than Five Hundred Dollars ($500.00), or both such fine and imprisonment.

B. Assault and battery shall be punishable by imprisonment in a county jail not exceeding ninety (90) days, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.

C. Any person who commits any assault and battery against a current or former spouse, a present spouse of a former spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant shall be guilty of domestic abuse. Upon conviction, the defendant shall be punished by imprisonment in the county jail not exceeding one (1) year, or by a fine of not more than Three Thousand Dollars ($3,000.00), or by both such fine and imprisonment. Any second or subsequent conviction of domestic abuse shall be a felony. The fine for a felony violation of this subsection shall not be more than Five Thousand Dollars ($5,000.00). Every conviction of domestic abuse shall require as a condition of a suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. For the purposes of this subsection, any conviction for assault and battery against a current or former spuse, a present spouse of a former spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or any person living in the same household as the defendant, shall constitute a sufficient basis for a felony charge:

1. If that conviction is rendered in any state, county, or parish court of record of this or any other state; or

2. If that conviction is rendered in any municipal court of record of this or any other state for which any jail time was served; provided, no conviction in a municipal court of record entered prior to November 1, 1997, shall constitute a prior conviction for purposes of a felony charge.

Historical Data

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R.L. 1910, § 2343; Amended by Laws 1986, SB 466, c. 143, § 1, emerg. eff. April 21 1986; Amended by Laws 1996, SB 680, c. 197, § 2, emerg. eff. May 20, 1996; Amended by Laws 1997, HB 1361, c. 368, § 3, eff. November 1, 1997 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, emerg. eff. June 19, 1998) (repealed by Laws 2000, HB 2711, c. 6, § 34, emerg. eff. March 20, 2000) (superseded document available).

Citationizer^� Summary of Documents Citing This Document

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Cite	Name	Level
Title 21. Crimes and Punishments
	Cite	Name	Level
	21 O.S. 644,	Punishment for Assault and Battery	Cited
	21 O.S. 644,	Punishment for Assault and Battery	Cited

Citationizer: Table of Authority

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Cite	Name	Level
None Found.