§ 21-20H — Class B3 offenses.

A. Upon the effective date of this act, Class B3 shall include the following criminal offenses: 1. Embezzlement of state property by a public officer of the state or any county, city, town, or member or officer of the Legislature, deputy, or clerk, as provided for in Section 341 of Title 21 of the Oklahoma Statutes; 2. Burning, destroying, or injuring any public building, as provided for in Section 349 of Title 21 of the Oklahoma Statutes; 3. Resisting or aiding in resisting the execution of process, as provided for in Section 539 of Title 21 of the Oklahoma Statutes; 4. Domestic abuse with a prior pattern of physical abuse, as provided for in Section 644.1 of Title 21 of the Oklahoma Statutes; 5. Assault, battery, or assault and battery upon an intimate partner or a family or household member with any sharp or dangerous weapon, as provided for in paragraph 1 of subsection D of Section 644 of Title 21 of the Oklahoma Statutes; 6. Assault and battery against a current or former intimate partner or a family or household member that results in great bodily injury to the victim, as provided for in subsection F of Section 644 of Title 21 of the Oklahoma Statutes; 7. Second or subsequent conviction for assault and battery by strangulation or attempted strangulation against an intimate partner or a family or household member, as provided for in subsection J of Section 644 of Title 21 of the Oklahoma Statutes; 8. Second or subsequent conviction for committing or attempting to commit a felony while wearing body armor, as provided for in Section 1289.26 of Title 21 of the Oklahoma Statutes; 9. Riotous assembly for the purpose of resisting the execution of any statute or obstructing any public officer, as provided for in paragraph 2 of Section 1312 of Title 21 of the Oklahoma Statutes; 10. Carrying at the time of a riot any firearm or other deadly weapon or being disguised while participating in a riot, as provided for in paragraph 3 of Section 1312 of Title 21 of the Oklahoma Statutes; 11. Directing, advising, encouraging, or soliciting other persons to use force or violence while participating in a riot, as provided for in paragraph 4 of Section 1312 of Title 21 of the Oklahoma Statutes; 12. Arson with the intent to injure or defraud the insurer, as provided for in subsection B of Section 1403 of Title 21 of the Oklahoma Statutes; 13. Forgery in the first degree, as provided for in Section 1561 of Title 21 of the Oklahoma Statutes; 14. Forgery of stock certificates or securities, as provided for in Section 1562 of Title 21 of the Oklahoma Statutes; 15. Fraudulently uttering one's signature on any instrument as that of another with the same name, as provided for in Section 1622 of Title 21 of the Oklahoma Statutes; 16. Fraudulently uttering one's endorsement on any negotiable instrument as that of another with the same name, as provided for in Section 1623 of Title 21 of the Oklahoma Statutes; 17. Total or partial erasure or obliteration of any instrument or writing with intent to defraud, as provided for in Section 1624 of Title 21 of the Oklahoma Statutes; 18. Signing fictitious name as an officer or agent of a corporation, as provided for in Section 1626 of Title 21 of the Oklahoma Statutes; 19. Procuring, soliciting, selling, or receiving more than ten (10) telephone records by fraudulent, deceptive, or false means, as provided for in paragraph 3 of subsection B of Section 1742.2 of Title 21 of the Oklahoma Statutes; 20. Violating the Viatical Settlements Act of 2008, as provided for in paragraph 1 of subsection F of Section 4055.14 of Title 36 of the Oklahoma Statutes; 21. Third or subsequent conviction of driving under the influence of alcohol or other intoxicating substance, as provided for in paragraph 4 of subsection C of Section 11-902 of Title 47 of the Oklahoma Statutes; 22. Driving under the influence with a blood or breath alcohol concentration of fifteen-hundredths (0.15) or more, as provided for in subsection D of Section 11-902 of Title 47 of the Oklahoma Statutes; 23. Injuring, destroying, or attempting to injure or destroy any hazardous liquid transportation system, as provided for in Section 47.6 of Title 52 of the Oklahoma Statutes; 24. Bringing into or having in his or her possession in any jail, state penal institution, or other place where prisoners are located, any gun, knife, bomb, other dangerous instrument, controlled dangerous substance, alcoholic beverage, money, or financial documents, as provided for in subsection A of Section 21 of Title 57 of the Oklahoma Statutes; 25. Purchasing or attempting to purchase, receive, or otherwise acquire any product, mixture, or preparation containing any detectable quantity of base pseudoephedrine or ephedrine after a conviction of manufacturing or attempting to manufacture methamphetamine, as provided for in paragraph 5 of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes; 26. Distributing, other than by dispensing, a Schedule I or Schedule II controlled dangerous substance, in the course of legitimate business, as provided for in paragraph 1 of subsection A of Section 2-406 of Title 63 of the Oklahoma Statutes; 27. Using a fictitious, revoked, suspended, or fraudulent registration number in the course of manufacturing or distributing a controlled dangerous substance, as provided for in paragraph 2 of subsection A of Section 2-406 of Title 63 of the Oklahoma Statutes; 28. Furnishing false or fraudulent material information in, or omitting any material information from, any application, report, or document required by the Uniform Controlled Dangerous Substances Act, as provided for in paragraph 4 of subsection A of Section 2-406 of Title 63 of the Oklahoma Statutes; 29. Making, distributing, or possessing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, upon any drug, container, or labeling, as provided for in paragraph 5 of subsection A of Section 2-406 of Title 63 of the Oklahoma Statutes; 30. Trafficking twenty-five (25) pounds or more of marijuana, as provided for in subparagraph a of paragraph 1 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 31. Trafficking twenty-eight (28) grams or more of cocaine, coca leaves, or cocaine base, as provided for in subparagraph a of paragraph 2 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 32. Trafficking three hundred (300) grams or more of cocaine, coca leaves, or cocaine base, as provided for in subparagraph b of paragraph 2 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 33. Trafficking ten (10) grams or more of heroin, as provided for in subparagraph a of paragraph 3 of subsection C of Section 2- 415 of Title 63 of the Oklahoma Statutes; 34. Trafficking twenty (20) grams or more of amphetamine or methamphetamine, as provided for in subparagraph a of paragraph 4 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 35. Trafficking two hundred (200) grams or more of amphetamine or methamphetamine, as provided for in subparagraph b of paragraph 4 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 36. Trafficking one (1) gram or more of lysergic acid diethylamide (LSD), as provided for in subparagraph a of paragraph 5 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 37. Trafficking twenty (20) grams or more of phencyclidine (PCP), as provided for in subparagraph a of paragraph 6 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 38. Trafficking thirty (30) tablets or ten (10) grams of 3,4- Methylenedioxy methamphetamine, as provided for in subparagraph a of paragraph 7 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 39. Aggravated trafficking one hundred (100) tablets or thirty (30) grams of 3,4-Methylenedioxy methamphetamine, as provided for in subparagraph b of paragraph 7 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 40. Trafficking one thousand (1,000) grams or more of morphine, as provided for in paragraph 8 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 41. Trafficking four hundred (400) grams or more of oxycodone, as provided for in paragraph 9 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 42. Trafficking three thousand seven hundred fifty (3,750) grams or more of hydrocodone, as provided for in paragraph 10 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 43. Trafficking five hundred (500) grams or more of benzodiazepine, as provided for in paragraph 11 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 44. Trafficking one (1) gram or more of fentanyl or carfentanyl, as provided for in subparagraph a of paragraph 12 of subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 45. Employing, hiring, or using an individual under fifteen (15) years of age to unlawfully transport, carry, sell, give away, prepare for sale, or peddle any controlled dangerous substance, as provided for in subsection D of Section 2-419.1 of Title 63 of the Oklahoma Statutes; 46. Second or subsequent conviction for violating the Vessel and Motor Chop Shop, Stolen and Altered Property Act, as provided for in subsection J of Section 4253 of Title 63 of the Oklahoma Statutes; and 47. Third or subsequent conviction for violating the Vessel and Motor Chop Shop, Stolen and Altered Property Act, as provided for in subsection J of Section 4253 of Title 63 of the Oklahoma Statutes. B. Any person convicted of a Class B3 criminal offense set forth in this section shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes.

Legislative History

Added by Laws 2024, c. 366, § 8, eff. Jan. 1, 2026.