Oklahoma SB 258: Crimes and punishments; modifying scope of criminal street gang definition. Effective date.

Bill Text

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STATE OF OKLAHOMA

1st Session of the 57th Legislature (2019)

SENATE BILL 258 By: Dahm

AS INTRODUCED

An Act relating to crimes and punishment; amending 21
O.S. 2011, Section 856, which relates to penalties
for contributing to the delinquency of minors;
modifying scope of criminal street gang definition;
and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 856, is
amended to read as follows:
Section 856. A. 1. Except as otherwise specifically provided
by law, every person who shall knowingly or willfully cause, aid,
abet or encourage a minor to be, to remain, or to become a
delinquent child or a runaway child, upon conviction, shall, for the
first offense, be guilty of a misdemeanor punishable by imprisonment
in a county jail not to exceed one (1) year, or by a fine not to
exceed One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
2. For purposes of prosecution under this subsection, a
"runaway child" means an unemancipated minor who is voluntarily

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absent from the home without a compelling reason, without the
consent of a custodial parent or other custodial adult and without
the parent or other custodial adult's knowledge as to the child's
whereabouts. "Compelling reason" means imminent danger from incest,
a life-threatening situation, or equally traumatizing circumstance.
A person aiding a runaway child pursuant to paragraph (4) of
subsection (a) of Section 5 of Title 76 of the Oklahoma Statutes or
aiding a child based upon a reasonable belief that the child is in
physical, mental or emotional danger and with notice to the
Department of Human Services or a local law enforcement agency of
the location of the child within twelve (12) hours of aiding the
child shall not be subject to prosecution under this section.
B. Every person convicted of a second or any subsequent
violation of this section shall be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections not to
exceed three (3) years, or by a fine not exceeding Five Thousand
Dollars ($5,000.00), or by both such fine and imprisonment.
C. Every person eighteen (18) years of age or older who shall
knowingly or willfully cause, aid, abet, or encourage a minor to
commit or participate in committing an act that would be a felony if
committed by an adult shall, upon conviction, be guilty of a felony
punishable by the maximum penalty allowed for conviction of the
offense or offenses which the person caused, aided, abetted, or
encouraged the minor to commit or participate in committing.

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D. Every person who shall knowingly or willfully cause, aid,
abet, encourage, solicit, or recruit a minor to participate, join,
or associate with any criminal street gang, as defined by subsection
F of this section, or any gang member for the purpose of committing
any criminal act shall, upon conviction, be guilty of a felony
punishable by imprisonment in the custody of the Department of
Corrections for a term of not more than five (5) years, or a fine
not to exceed Five Thousand Dollars ($5,000.00), or both such fine
and imprisonment.
E. Every person convicted of a second or subsequent violation
of subsection D of this section shall be guilty of a felony
punishable by imprisonment in the custody of the Department of
Corrections for a term not less than five (5) years nor more than
ten (10) years, or by a fine not exceeding Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment.
F. "Criminal street gang" means any ongoing organization,
association, or group of five or more persons that specifically
either promotes, sponsors, or assists in, or participates in, and
requires as a condition of membership or continued membership, the
commission of one or more of the following criminal acts:
1. Assault, battery, or assault and battery with a deadly
weapon, as defined in Section 645 of this title;
2. Aggravated assault and battery as defined by Section 646 of
this title;

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3. Robbery by force or fear, as defined in Sections 791 through
797 of this title;
4. Robbery or attempted robbery with a dangerous weapon or
imitation firearm, as defined by Section 801 of this title;
5. Unlawful homicide or manslaughter, as defined in Sections
691 through 722 of this title;
6. The sale, possession for sale, transportation, manufacture,
offer for sale, or offer to