, State of Oklahoma v. A.D.B.

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with Violent Crime Offender Act violation of 57 O.S. 599, which provides:Any person required to register pursuant to the provisions of the Mary Rippy Violent Crime Offenders Registration Act who violates any provision of the act shall, upon conviction, be guilty of a Class D1 felony offense and shall be punished by incarceration as provided for in subsections B through F of Section 20N of Title 21 of the Oklahoma Statutes, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.


B. Any person convicted of a Class D1 criminal offense set forth in this section shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years and shall serve at least twenty percent (20%) of the sentence imposed before release from custody including release to electronic monitoring pursuant to Section 510.9 of Title 57 of the Oklahoma Statutes.

C. 1. Every person who, having been previously convicted of one or two Class C or Class D criminal offenses, commits a Class D1 criminal offense shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for a term of not less than one (1) year nor more than seven (7) years and shall serve at least twenty percent (20%) of the sentence imposed before release from custody including release to electronic monitoring pursuant to Section 510.9 of Title 57 of the Oklahoma Statutes.

2. Every person who, having been previously convicted of three Class C or Class D criminal offenses, or one or more Class Y, Class A, or Class B criminal offenses, commits a Class D1 criminal offense shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for a term of not less than two (2) years nor more than ten (10) years and shall serve at least thirty percent (30%) of the sentence imposed before release from custody including release to electronic monitoring pursuant to Section 510.9 of Title 57 of the Oklahoma Statutes.

D. Unless specifically exempted pursuant to subsection E of this section, Section 51.1 of Title 21 of the Oklahoma Statutes shall not apply to Class D1 criminal offenses.

E. The criminal offenses listed in paragraphs 98, 108, 212, 213, and 229 of subsection A of this section shall be exempt from the penalty provisions provided for in subsections B and C of this section. Persons convicted of the criminal offenses provided for in paragraphs 98, 108, 212, 213, and 229 of subsection A of this section shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes including Section 51.1 of Title 21 of the Oklahoma Statutes.

F. All Class D1 criminal offenses shall be punishable by the corresponding fines as provided for in the Oklahoma Statutes.

Dismissed.