What is Oklahoma’s Hate Crime Law
Oklahoma’s Hate Crime Law is officially known as the “Oklahoma Malicious Harassment Act.” The statute can be found in Okla. Stat. tit. 21 ยง 850.
Under this law, it is illegal to maliciously and with specific intent to intimidate or harass another person because of their actual or perceived race, color, religion, ancestry, national origin, disability, gender, or sexual orientation commit any of the following acts:
- Causing or attempting to cause bodily injury to the person or another.
- Threatening the person or another with the intent to cause bodily injury.
- Subjecting the person or another to physical contact which would be offensive to a reasonable person.
- Intentionally damaging, destroying, or defacing any real or personal property of the person or another.
A violation of the Oklahoma Malicious Harassment Act is considered a misdemeanor on the first offense, and a felony on any subsequent offense.
Protecting Free Speech
Are you or a loved one facing charges under Oklahoma’s Malicious Harassment Act? You may be feeling overwhelmed and scared, but you don’t have to face this alone. The Tulsa Criminal Defense Law Firm and our team of skilled criminal defense lawyers are here to help.
This hate crime law has come under scrutiny in recent years for its potential to be used to prosecute individuals for their protected speech. The law states that anyone who “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” can be charged with a misdemeanor, or a felony, if it is their second offense. This makes it a more significant charge than just a simple assault, thereby making it more important you get legal help right away.
The wording of the law leaves room for interpretation and can be used to prosecute individuals for speech that is protected under the First Amendment. This has led to legal challenges of the law, and the Tulsa Criminal Defense Law Firm is ready to defend you.
Successful Defense
One successful defense of this law was in the case of a client who was charged with violating the Malicious Harassment Act for comments made on social media. The prosecution argued that the comments were made with the specific intent to intimidate or harass the victim based on their race. Skilled defense attorneys were able to show that the comments were made in the context of a heated political discussion and were not intended to intimidate or harass anyone. The case was ultimately dismissed.
In another case, a client was charged with violating the Malicious Harassment Act for comments made during a protest. Lawyers argued that the client was exercising their First Amendment right to free speech and that the comments were not made with the intent to intimidate or harass anyone. The case was dismissed, and the client was able to continue their advocacy for their cause without fear of prosecution.
Call For a Free Consultation Today
At the Tulsa Criminal Defense Law Firm, we believe in defending our clients’ constitutional rights, including their right to free speech. We understand that being charged with a crime can be overwhelming and scary, but we are here to help you navigate the legal system and fight for your rights.
If you or a loved one is facing charges under the Malicious Harassment Act, don’t hesitate to contact us for a free consultation. We will provide you with the legal support from our experienced Tulsa criminal defense lawyers that you need to fight these charges and protect your rights. Call us today at 918-256-3400 to schedule your free consultation.