Bill
HB 1002
Law enforcement must notify stalking victims about available counseling or domestic violence program resources.
HB 1002 (Oklahoma, 2026) – Summary
Purpose and intent
- Establishes a requirement for law enforcement agencies to notify stalking victims about available counseling and support services.
- The bill strengthens stalking penalties and clarifies definitions related to stalking behavior and “unconsented contact.”
- Sets an effective date of November 1, 2026.
Key provisions and changes
1) Stalking penalties (Section 1173, amended)
- Offense: A person who willfully, maliciously, and repeatedly follows or harasses another in a pattern that would frighten or intimidate a reasonable person and actually causes the victim to feel terrorized or harassed is guilty of stalking.
- Classification and penalties:
- First conviction: Felony up to 3 years in prison, or fine up to $5,000, or both.
- Second conviction: Up to 6 years imprisonment, or fine up to $10,000, or both.
- Third or subsequent conviction: Up to 12 years imprisonment, or fine up to $15,000, or both.
- Enhanced penalties under certain conditions (Section B):
- If there’s an active restraining/protective order or similar, or if the offender is on probation/parole with relevant conditions, or if prior violence-related conviction within 10 years exists, the offense can be a Class B5 felony (up to 15 years, up to $20,000 fine, or both).
- Additional offenses (Sections C–D):
- A second stalking act within 10 years of completing a prior sentence, or prior stalking with violation of a protective order followed by unconsented contact, is a Class B5 felony (up to 20 years, up to $25,000 fine, or both).
- An act of stalking within 10 years after completing a prior stalking sentence, violating earlier terms, is a Class B4 felony (up to 25 years, up to $30,000 fine, or both).
- Recidivist and aggravated conduct:
- Subsection D provides for further elevated penalties for subsequent stalking offenses (Class B4).
2) Evidence and presumption (Section E)
- If a defendant continues a course of unconsented contact after the victim requests discontinuation, there is a rebuttable presumption that the conduct caused emotional distress and terrorized the victim.
3) Victim notification by law enforcement (Section F–G)
- Upon receiving a stalking complaint and finding that stalking has occurred, a law enforcement agency must notify the victim of the availability to meet with a representative of a certified domestic violence program (as provided in Section 18p-1, Title 74 of the Oklahoma Statutes).
4) Definitions (Section G)
- Harassment: A pattern of conduct causing emotional distress, excluding constitutionally protected activity.
- Course of conduct: A series of two or more acts with a continuity of purpose (examples include surveillance, confrontation, workplace or residence visits, contacting employers or coworkers, entering victim’s property, repeated communications, posting content about the victim online, etc.).
- Emotional distress: Significant mental suffering.
- Unconsented contact: Any contact initiated or continued without the victim’s consent, or in disregard of their desire to discontinue.
- Member of the immediate family: Spouse, parent, child, close relatives, or other household members as defined.
- Following: Includes GPS or other monitoring of movement, with exceptions for lawful uses in certain motor vehicle contexts.
Who is affected
- Individuals accused of stalking (potential defendants) under Oklahoma law.
- Stalking victims, who would gain mandatory notification from law enforcement about domestic violence program resources.
- Law enforcement agencies, which are tasked with providing the victim notification.
- Certified domestic violence programs, which are referenced as the resource providers for victim assistance.
Procedural and timeline aspects
Overall impact
- Clarifies and strengthens penalties for stalking, including repeat offenses and violations involving protective orders.
- Introduces a proactive victim-support mechanism by requiring law enforcement to inform victims about access to certified domestic violence programs.
- Expands the scope of “course of conduct” and “unconsented contact” to cover a broad range of stalking behaviors, including modern forms of electronic and online harassment.
Compiled from official sources — confirm details with the bill’s official record.
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