§ 22-1404. Penalties for violating Section 1403 - Persons authorized to institute proceedings.

A.  Any person convicted of violating any provision of Section 1403 of this title shall be punished by a term of imprisonment in the custody of the Department of Corrections of not less than ten (10) years and shall not be eligible for a deferred sentence, probation, suspension, work furlough, or release from confinement on any other basis until the person has served one-half (1/2) of the sentence.  A violation of each of the provisions of Section 1403 of this title shall be a separate offense.

B.  In lieu of the fine authorized by the Oklahoma Racketeer-Influenced and Corrupt Organizations Act, any person convicted of violating any provision of Section 1403 of this title, through which the person derived pecuniary value, or by which the person caused personal injury, or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred, less the value of any property ordered forfeited pursuant to the provisions of subsection A of Section 1405 of this title.  The district court shall hold a separate hearing to determine the amount of the fine authorized by the provisions of this subsection.

C.  No person shall institute any proceedings, civil or criminal, pursuant to the provisions of this act, except the Attorney General, any district attorney or any district attorney appointed under the provisions of Section 215.9 of Title 19 of the Oklahoma Statutes.

Added by Laws 1988, c. 131, § 4, eff. Nov. 1, 1988.  Amended by Laws 1997, c. 133, § 440, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 324, eff. July 1, 1999; Laws 2010, c. 456, § 7, eff. Nov. 1, 2010.

Note

NOTE:  Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 440 from July 1, 1998, to July 1, 1999.