1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1737 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to civil liability; defining terms;
7 authorizing civil cause of action for damages caused
8 by certain criminal conduct; authorizing award of
8 certain relief; establishing burden of proof for
9 showing certain damages; establishing requirements
9 for certain liability; specifying amounts allowable
10 in determination of actual damages; construing
10 provisions; providing for cumulative remedies;
11 providing for codification; and providing an
11 effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 194 of Title 12, unless there is
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17 created a duplication in numbering, reads as follows:
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18 A. As used in this section:
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19 1. “Business interruption” means an actual, material, or
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20 tangible deprivation or interruption of a person’s business or
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21 organizational activities, or a deprivation, loss, or destruction of
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22 an organization’s tangible or intangible property;
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 1 2. “Economic injury” means any type of actual damage or expense
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2 related to evaluating, addressing, or attempting to remediate the
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3 underlying online stalking; and
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4 3. “Organization” means any corporation, limited liability
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5 company, sole proprietorship business, limited partnership, limited
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6 liability partnership, general partnership, unincorporated
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7 association, or other organizational entity.
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8 B. Any individual or organization that is the recipient or
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9 target of wrongful conduct described in Section 1172 or Section 1173
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10 of Title 21 of the Oklahoma Statutes and suffers business
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11 interruption or economic injury as a result of such conduct may file
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12 a cause of action against any person committing such conduct and may
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13 seek actual damages, injunctive relief, and punitive damages against
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14 any such defendant.
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15 C. Civil liability for damages awarded under this section shall
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16 be established by clear and convincing evidence as determined by the
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17 trier of fact. It shall not be a prerequisite to pursue such action
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18 for relief that the defendant first be charged, prosecuted, or
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19 adjudicated guilty in criminal court of the conduct described in
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20 Section 1172 or Section 1173 of Title 21 of the Oklahoma Statutes.
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21 Civil liability as provided for in this section shall be independent
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22 of any potential criminal liability.
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23 D. Actual damages shall include but not be limited to funds
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24 expended by the plaintiff related to counseling, increased security
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 1 measures, libel, or losses or funds spent relating to the business
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2 interruption or economic injury incurred. Any profits received by a
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3 defendant from the wrongful conduct may be considered in the
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4 computation of actual damages. Punitive damages may also be awarded
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5 to the injured party or parties.
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6 E. Nothing in this section shall be construed to impose
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7 liability on an interactive computer service, as defined in 47
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8 U.S.C., Section 230(f), for content provided by another person.
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9 F. The wrongful conduct described in this section shall be
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10 deemed to have occurred either at the location from which the person
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11 engaged in the wrongful conduct or at the location or locations to
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12 which the wrongful conduct was directed, and to have been committed
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13 at either the place of origin or the place of reception.
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14 G. The remedies provided for in this section are cumulative and
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15 shall be in addition to any others provided for by law.
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16 SECTION 2. This act shall become effective November 1, 2024.
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18 59-2-3413 TEK 1/17/2024 10:16:52 AM
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