Malicious Intimidation and Harassment
What does the law say?
A. No person shall maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, national origin or disability:
1. Assault or batter another person;
2. Damage, destroy, vandalize or deface any real or personal property of another person; or
3. Threaten, by word or act, to do any act prohibited by paragraph 1 or 2 of this subsection if there is reasonable cause to believe that such act will occur.
B. No person shall maliciously and with specific intent to incite or produce, and which is likely to incite or produce, imminent violence, which violence would be directed against another person because of that person's race, color, religion, ancestry, national origin or disability, make or transmit, cause or allow to be transmitted, any telephonic, computerized, or electronic message.
C. No person shall maliciously and with specific intent to incite or produce, and which is likely to incite or produce, imminent violence, which violence would be directed against another person because of that person's race, color, religion, ancestry, national origin or disability, broadcast, publish, or distribute, cause or allow to be broadcast, published or distributed, any message or material.
D. Any person convicted of violating any provision of subsections A, B or C of this section shall be guilty of a misdemeanor on a first offense and a felony punishable by not more than ten (10) years incarceration in the custody of the Department of Corrections for a second or subsequent offense. The fine for a felony violation of this section shall not exceed Ten Thousand Dollars ($10,000.00). Furthermore, said person shall be civilly liable for any damages resulting from any violation of this section.
E. Upon conviction, any person guilty of a misdemeanor in violation of this section shall be punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a period of not more than one (1) year, or by both such fine and imprisonment.
F. The Oklahoma State Bureau of Investigation shall develop a standard system for state and local law enforcement agencies to report incidents of crime which are apparently directed against members of racial, ethnic, religious groups or other groups specified by this section. The Oklahoma State Bureau of Investigation shall promulgate rules, regulations and procedures necessary to develop, implement and maintain a standard system for the collection and reporting of hate crime data. All state, county, city and town law enforcement agencies shall submit a monthly report to the Oklahoma State Bureau of Investigation on forms prescribed by the Bureau. The report shall contain the number and nature of the offenses committed within their respective jurisdictions, the disposition of such matters and any other information the Bureau may require, respecting information relating to the cause and prevention of crime, recidivism, the rehabilitation of criminals and the proper administration of criminal justice.
G. No person, partnership, company or corporation that installs telephonic, computerized, or electronic message equipment shall be required to monitor the use of such equipment for possible violations of this section, nor shall such person, partnership, company or corporation be held criminally or civilly liable for the use by another person of the equipment in violation of this section, unless the person, partnership, company or corporation that installed the equipment had prior actual knowledge that the equipment was to be used in violation of this section.
What can I do?
As described above, the first time a person is charged with this crime it will be a misdemeanor, however, if there is a subsequent offense it will charged as a felony and have a much steeper range of punishment. Furthermore, it is possible that you could be civilly liable if the injured party chooses to pursue such legal action. Whatever your circumstance, call us so that we can get to work on your case and get your side of the story. Seek out the best attorney who can put up a zealous defense and protect your future. Call us today!
Legal Concerns?
Stay safe and stay silent. Don’t make a statement to police. You have the right to remain silent and you should always take full advantage of that right. Even with the best intentions and honesty, your words can still be used against you. Without proper representation, the State can set you up for failure that could cause lots of inconvenience and unnecessary aggravation. Let us set you up for success!
If you have been accused of Malicious Intimidation or Harassment, be sure to contact the aggressive and compassionate attorneys at Boeheim Freeman Law, who will fight for you and your rights!
Litigation Expertise
The best criminal lawyers will tear apart the credibility and reliability of the State’s witnesses. We investigate thoroughly any motivation that a witness might have to lie or deceive. Our attorneys are well trained in cross-examination techniques and can expertly maneuver around a witness and trap them in their lies and misconceptions. We will get the truth and vigorously defend you. You need an attorney who not only knows the law, but knows how to argue it effectively. Let Boeheim Freeman Law’s expertise and training go to work for you.