Oklahoma Statute §21-1172 makes it illegal to use any telecommunication or electronic communication device to threaten, harass, or otherwise intimidate another person. Under this law, making lewd, obscene and indecent proposals or comments through these means is also unlawful and may be criminally prosecuted.
What Forms of Communication Apply?
Under this statute, any type of transmission of signals, data, images or sound via a telephonic or electronic communication device that meets the above criteria may be considered harassment.
In plain English, this means that you can be charged for sending obscene or threatening:
- Text messages
- Phone calls
- Facebook posts
- Direct messages
- Snapchat messages
This list is not exhaustive, as new social media channels and digital communication platforms arise constantly.
Generally, a first offense charge of harassment will be considered a misdemeanor. However, if you have prior offenses on your record or there are other aggravating factors in your case, you could face a felony charge. The potential penalties for felony harassment include up to 10 years in prison.
Defending Harassment Charges
In a harassment case, the burden of proof is on the prosecution. An experienced defense attorney will have several elements to attack when mounting a defense against these types of charges.