Laws Regarding Oklahoma's Insurrection Counties

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  The early days of our state were filled with talk of wars. Sure there was talk of Indian Tribes 'on the war path' but there was also talk of war against Texas. Another concern was them county governments and the need to bring them into submission to the state.
  Here's how the state legislature created some 'get tough' language to deal with rebel counties. But this law was update just 18 years ago!

§21-539.  Resisting execution of process in time of insurrection.

Any person who, after proclamation issued by the Governor declaring any county to be in a state of insurrection, resists or aids in resisting the execution of process in the county declared to be in a state of insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting a force ordered out by the government to quell or suppress an insurrection, shall be guilty of a felony punishable by imprisonment in the State Penitentiary for not less than two (2) years.

Flag Felonies In Oklahoma

  There's something about a red flag that sets off a 'red flag' with lawmakers. They still have a felony statute on the books which brings a maximum 10 year prison sentence.  But even criticizing the laws of Oklahoma can get you locked up.

  Here's a snippit:

    "Any person in this state, who shall carry or cause to be carried, or publicly display any red flag or other emblem or banner, indicating disloyalty to the Government of the United States or a belief in anarchy or other political doctrines or beliefs, whose objects are either the disruption or destruction of organized government, or the defiance of the laws of the United States or of the State of Oklahoma, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the Penitentiary of the State of Oklahoma for a term not exceeding ten (10) years, or by a fine not exceeding One Thousand Dollars ($1,000.00) or by both such imprisonment and fine."

§21-372.  Mutilation, treating with indignity or destroying flag - Definitions.

A.  Any person who shall contemptuously or maliciously tear down, burn, trample upon, mutilate, deface, defile, defy, treat with indignity, wantonly destroy, or cast contempt, either by word or act, upon any flag, standard, colors or ensign of the United States of America, shall be guilty of a felony.

B.  The word "defile" as used in this section shall include public conduct which brings shame or disgrace upon any flag of the United States by its use for unpatriotic or profane purpose.

C.  The terms "flag", "standard", "colors", or "ensign" of the United States as used in this section shall include any picture, representation or part thereof which an average person would believe, upon seeing and without deliberation, to represent the flag, standard, colors or ensign of the United States of America.

§21-373.  Penalty for violation of Section 372.

Any person, corporation or company violating any provision of Section 372 of this title, upon conviction thereof, shall be punished by a fine not exceeding Three Thousand Dollars ($3,000.00), or by imprisonment for not more than three (3) years, or both, in the discretion of the court.

Criminal Asset Forfeiture Generally Forbidden

  Even when crimes have been committed and guilt has been established, Asset Forfeiture is generally illegal, in Oklahoma.

   Our first legal code was established in 1910. And unless a specific crime has a stated statutory penalty of the loss of property used in that crime or gained through the illegal activity; there is to be a protection of property rights for the convicted individual. Treason is the one exception stated in this matter.

§21-68.  Conviction does not work forfeiture.

No conviction of any person for crime works any forfeiture of any property, except in the cases of any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.

Felonies Generally Carry 2 Year Sentence

  When the Penal Code was first established in Oklahoma, the original thinking was that a 2 year sentence was generally as stiff of a punishment as we were going to impose. Now they did intend for specific heinous crimes to carry a tougher sentence, but they specified that a 1-2 year sentence was the default range which judges were to impose, once guilt was established.

§21-9.  Punishment of felonies.

Except in cases where a different punishment is prescribed by this title, or by some existing provision of law, every offense declared to be a felony is punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary not exceeding two (2) years, or by both such fine and imprisonment.

§21-10.  Punishment of misdemeanor.

Except in cases where a different punishment is prescribed by this chapter or by some existing provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding one year or by a fine not exceeding five hundred dollars, or both such fine and imprisonment.

R.L.1910, § 2091.

Barratry In the Court!

   Every officer of a court has a duty to refuse a case which is groundless. So why does the practice continue?

  In common law, barratry is the offense committed by people who are "overly officious in instigating or encouraging prosecution of groundless litigation" or who bring "repeated or persistent acts of litigation" for the purposes of profit or harassment.

§21-550.  Common barratry defined.

Common barratry is the practice of exciting groundless judicial proceedings.

R.L.1910, § 2262.

§21-551.  Barratry a misdemeanor.

Common barratry is a misdemeanor.

R.L.1910, § 2263.

Concealing Dead Bastards Is Forbidden

  All yer kids need to be recorded. Not just yer noble young uns! If 'n ye gots a bastard an ye been too shamed to come forward. It'll be a bad punishment!

§21-863.  Concealing stillbirth or death of child.

Every woman who endeavors either by herself or by the aid of others to conceal the stillbirth of an issue of her body, which if born alive would be a bastard, or the death of any such issue under the age of two (2) years, is punishable by imprisonment in the county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.

R.L.1910, § 2438.

You're Probably A Militia Member & Don't Know It

  The term 'militia' has historically been a term referring to the armed forces within a colony, territory, or state. George Washington was an officer of the Virginia militia several years prior to the American Revolution.

  This tradition lives on, today. Oklahoma has three classes of militia. Every one of these three is officially recognized by the constitution of the state. Men and women between the ages of 17-70 who are or intend to be citizens of Oklahoma, are included in the 'unorganized militia'.

§44-41.  Composition of Militia - Classes.

The Militia of the State of Oklahoma shall consist of all able-bodied citizens of the United States and all other able-bodied persons who shall be or shall have declared their intentions to become citizens of the United States, who shall be more than seventeen (17) years of age and not more than seventy (70) years of age, and said militia shall be divided into three (3) classes:  The National Guard, the Oklahoma State Guard, and the Unorganized Militia.

Laws 1951, p. 115, art. 3, § 1, eff. May 16, 1951; Laws 1957, p. 422, § 1, eff. May 24, 1957; Laws 1968, c. 299, § 1, emerg. eff. May 3, 1968; Laws 1981, c. 136, § 1; Laws 1985, c. 96, § 1, eff. Nov. 1, 1985.

§44-41.  Composition of Militia - Classes.

The Militia of the State of Oklahoma shall consist of all able-bodied citizens of the United States and all other able-bodied persons who shall be or shall have declared their intentions to become citizens of the United States, who shall be more than seventeen (17) years of age and not more than seventy (70) years of age, and said militia shall be divided into three (3) classes:  The National Guard, the Oklahoma State Guard, and the Unorganized Militia.

Laws 1951, p. 115, art. 3, § 1, eff. May 16, 1951; Laws 1957, p. 422, § 1, eff. May 24, 1957; Laws 1968, c. 299, § 1, emerg. eff. May 3, 1968; Laws 1981, c. 136, § 1; Laws 1985, c. 96, § 1, eff. Nov. 1, 1985.