Carry-Firearm-During-Rioting-Oklahoma-Felony-Okla-Stat-tit-21-1312-1
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Carry Firearm During Rioting
Carry Firearm During Rioting (Felony)
- Statutory Authority. | Okla. Stat. tit. 21, § 1312; | Okla. Stat. tit. 21, § 1311.
- Jury Instructions. | Oklahoma Uniform Jury Instruction CR 6-58A.
- First Offense Punishment.
- Subsequent Punishment.
- Standard Bonds.
- | Tulsa Bond Schedule. $10,000.00.
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Oklahoma Criminal Law
Any use of force or violence, or any threat to use force or violence if accompanied by immediate power of execution, by three or more persons acting together and without authority of law, is riot.
Every person guilty of participating in any riot is punishable as follows:
- If any murder, maiming, robbery, rape or arson was committed in the course of such riot, such person is punishable in the same manner as a principal in such crime;
- If the purpose of the riotous assembly was to resist the execution of any statute of this state or of the United States, or to obstruct any public officer of this state or of the United States, in the performance of any legal duty, or in serving or executing any legal process, such person shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years and not less than two (2) years;
- If such person carried at the time of such riot any species of firearms, or other deadly or dangerous weapon, or was disguised, such person shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years and not less than two (2) years;
- If such person directed, advised, encouraged or solicited other persons, who participated in the riot to acts of force or violence, such person shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding twenty (20) years and not less than two (2) years;
- In all other cases such person is punishable as for a misdemeanor.
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