Oklahoma Statutes

Okla. Stat. tit. 21, § 650.2 (2026)

Assault or battery upon Corrections, Human Services or

✓ current as of July 2026

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Juvenile Affairs employee or contractor. A. Every person in the custody of the Oklahoma Department of Corrections who, without justifiable or excusable cause, knowingly commits any assault, battery or assault and battery upon the person of a Department of Corrections employee while said employee is in the performance of his or her duties shall, upon conviction thereof, be guilty of a Class B6 felony offense. B. Every person incarcerated in an institution operated by a private prison contractor, pursuant to Section 561, 563.1 or 563.2 of Title 57 of the Oklahoma Statutes, who, without justifiable or excusable cause, knowingly commits any assault, battery or assault and battery upon the person of an employee of the contractor while said employee is in the performance of duties shall, upon conviction thereof, be guilty of a Class B6 felony offense. C. Every person in the custody of the Department of Human Services who, without justifiable or excusable cause, knowingly commits any aggravated assault and battery upon the person of a Department of Human Services employee, or a person contracting with the Department to provide services, while the employee or contractor

is in the performance of his or her duties shall, upon conviction thereof, be guilty of a Class B6 felony offense. D. Every person in the custody of the Office of Juvenile Affairs who, without justifiable or excusable cause, knowingly commits any assault, battery or assault and battery upon the person of an Office of Juvenile Affairs employee while said employee is in the performance of his or her duties shall, upon conviction thereof, be guilty of a Class B6 felony offense. E. Every person in the custody of the Office of Juvenile Affairs who, without justifiable or excusable cause, knowingly commits any battery or assault and battery resulting in bodily injury to any employee of the Office of Juvenile Affairs or employee of any residential facility while said employee is in the performance of duties of employment shall, upon conviction thereof, be guilty of a Class B5 felony offense. The fine for a violation of this subsection shall not be less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), which may be imposed whether or not a period of incarceration is imposed. Added by Laws 1985, c. 75, § 1, eff. Nov. 1, 1985. Amended by Laws 1993, c. 326, § 2, emerg. eff. June 7, 1993; Laws 1996, c. 247, § 27, eff. July 1, 1996; Laws 1997, c. 133, § 223, eff. July 1, 1999; Laws 1997, c. 293, § 36, eff. July 1, 1999; Laws 1999, c. 99, § 1, eff. Nov. 1, 1999; Laws 1999, c. 166, § 1, emerg. eff. May 21, 1999; Laws 2008, c. 121, § 2, eff. Nov. 1, 2008; Laws 2025, c. 486, § 153, eff. Jan. 1, 2026. NOTE: Laws 1997, c. 333, § 4 repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff. July 1, 1999, but was subsequently amended by Laws 1999, c. 99, § 1. Laws 1997, c. 333, § 3 repealed by Laws 2000, c. 6, § 34, emerg. eff. March 20, 2000. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 223 from July 1, 1998, to July 1, 1999. Laws 1998, 1st Ex.Sess., c. 2, § 24 amended the effective date of Laws 1997, c. 293, § 36 from July 1, 1998, to July 1, 1999. Laws 1998, 1st Ex.Sess., c. 2, § 25 amended the effective date of Laws 1997, c. 333, § 4 from July 1, 1998, to July 1, 1999.

Notes of Decisions

Cited in 5 cases, 2011–2017 · leading case: United States v. Smith, 652 F.3d 1244 (10th Cir. 2011).

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United States v. Smith, 652 F.3d 1244 (10th Cir. 2011). “2 (D) (2003), which reads: Every person in the custody of the Office of Juvenile Affairs who, without justifiable or excusable cause, knowingly commits any assault, battery or assault and battery upon the person of an Office of Juvenile Affairs employee while said employee is in…”

United States v. Mason, 709 F. App'x 898 (10th Cir. 2017). “Smith, Smith’s prior conviction was for assault and battery upon an Office of Juvenile Affairs employee in violation of Okla. Stat. tit. 21, § 650.2 (D). 652 F.3d 1244, 1245-47 (10th Cir.”

United States v. Kutz, 439 F. App'x 751 (10th Cir. 2011). “Our court has also recently held that a violation of Okla. Stat. tit. 21, § 650.2 (B) (involving assault and battery by a person in the custody of Juvenile Affairs on an employee of that office), a statute nearly identical to Okla.”

United States v. Hanns, 464 F. App'x 769 (10th Cir. 2012). “2011), and held that a person in the custody of a juvenile officer commits a “crime of violence” under the ACCA by violating *772 Okla. Stat. tit. 21, § 650.2 . Holding that the conduct at issue was “roughly similar, in kind as well as in degree of risk posed to the enumerated…”

United States v. Smith (10th Cir. 2011). “Smith was convicted under Okla. Stat. tit. 21, § 650.2 (D)(2003), which reads: Every person in the custody of the Office of Juvenile Affairs who, without justifiable or excusable cause, knowingly commits any assault, battery or assault and battery upon the person of an Office of…”

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