Anonymous
2008-02-14 19:13:07 UTC
CADUCEUS' POTENTIAL PRISON SENTENCE PER OKLAHOMA STATE STATUTES
Defendant Steven "Caduceus" Horn was convicted of two violations of 21 O.S. 1951-1981
and one violation of: 21 O.S. 1172 (as detailed in a court document below). The penalties
for violating the two Oklahoma State Statutes may be found at this link:
http://www.lsb.state.ok.us/OKStatutes/CompleteTitles/os21.rtf
From the above link:
§21-1951. Short title.
This act shall be known and may be cited as the "Oklahoma Computer Crimes Act".
Added by Laws 1984, c. 70, § 1, emerg. eff. March 29, 1984.
Added by Laws 1984, ch. 70, § 2, emerg. eff. March 29, 1984. Amended by Laws 1989, c. 151, § 1, eff. Nov. 1, 1989.
§21-1953. Prohibited acts.
A. It shall be unlawful to:
8. Willfully use a computer, computer system, or computer network to annoy, abuse, threaten, or harass another person; and
9. Willfully use a computer, computer system, or computer network to put another person in fear of physical harm or death.
B. Any person convicted of violating paragraph 1, 2, 3, 6, 7 or 9 of subsection A of this section shall be guilty of a felony
punishable as provided in Section 1955 of this title.
C. Any person convicted of violating paragraph 4, 5 or 8 of subsection A of this section shall be guilty of a misdemeanor.
§21-1955. Penalties - Civil actions.
A. Upon conviction of a felony under the provisions of the Oklahoma Computer Crimes Act, punishment shall be by a fine of not less than Five Thousand Dollars ($5,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or by confinement in the State Penitentiary for a term of not more than ten (10) years, or by both such fine and imprisonment.
(That is up to twenty years in prison and/or $200,000.00 fine for Caduceus' two counts.)
§21-1172. Obscene, threatening or harassing telecommunication or other electronic communications - Penalty.
A. It shall be unlawful for a person who, by means of a telecommunication or other electronic communication device, willfully either:
1. Makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent;
2. Makes a telecommunication or other electronic communication with intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm to any person or property of that person;
3. Makes a telecommunication or other electronic communication, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death;
4. Makes a telecommunication or other electronic communication, whether or not conversation ensues, without disclosing the identity of the person making the call or communication and with intent to annoy, abuse, threaten, or harass any person at the called number;
5. Knowingly permits any telecommunication or other electronic communication under the control of the person to be used for any purpose prohibited by this section; and
6. In conspiracy or concerted action with other persons, makes repeated calls or electronic communications or simultaneous calls or electronic communications solely to harass any person at the called number(s).
B. As used in this section, telecommunication and electronic communication mean any type of telephonic, electronic or radio communications, or transmission of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone, including cellular telephones, wire, cable, radio, electromagnetic, photoelectronic or photo-optical system or the creation, display, management, storage, processing, transmission or distribution of images, text, voice, video or data by wire, cable or wireless means, including the Internet. The term includes:
1. A communication initiated by electronic mail, instant message, network call, or facsimile machine; and
2. A communication made to a pager.
C. Use of a telephone or other electronic communications facility under this section shall include all use made of such a facility between the points of origin and reception. Any offense under this section is a continuing offense and shall be deemed to have been committed at either the place of origin or the place of reception.
D. Except as provided in subsection E of this section, any person who is convicted of the provisions of subsection A of this section, shall be guilty of a misdemeanor.
E. Any person who is convicted of a second offense under this section shall be guilty of a felony.
Added by Laws 1969, c. 233, § 1, emerg. eff. April 21, 1969. Amended by Laws 1986, c. 215, § 1, eff. Nov. 1, 1986; Laws 1993, c. 283, § 1, eff. Sept. 1, 1993; Laws 1997, c. 133, § 306, eff. July 1, 1999; Laws 2004, c. 275, § 5, eff. July 1, 2004; Laws 2005, c. 231, § 1, eff. Nov. 1, 2005.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 306 from July 1, 1998, to July 1, 1999.
--------------------------------------------------------------------------------------------------------------------------------------
Looks like Caduceus is in for a real treat come March 19.
http://www.oscn.net/applications/ocisweb/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=2133794&db=Oklahoma
IN THE DISTRICT COURT IN AND FOR OKLAHOMA COUNTY, OKLAHOMA
STATE OF OKLAHOMA,
Plaintiff,
v.
STEVEN CRAIG HORN,
Defendant. No. CF-2007-864
(Criminal Felony)
Filed: 02/13/2007
Judge: Elliott, Ray C.
Parties
--------------------------------------------------------------------------------
HORN, STEVEN CRAIG , Defendant
Spencer Police Department , ARRESTING AGENCY
STATE OF OKLAHOMA , Plaintiff
Attorneys
--------------------------------------------------------------------------------
Attorney Represented Parties
Gile, Merle(Bar # )
120 N. ROBINSON
STE 2900
OKC,, OK 73102 HORN, STEVEN CRAIG
Events
--------------------------------------------------------------------------------
Monday, January 28, 2008 at 9:00 AM
JURY TRIAL (ISSUE)(JTI) HORN, STEVEN CRAIG Ray C. Elliott
Wednesday, March 19, 2008 at 13:30 PM
SENTENCING (AFTER BLIND PLEA)(SEN) HORN, STEVEN CRAIG Ray C. Elliott
Counts
--------------------------------------------------------------------------------
Parties appear only under the counts with which they were charged. For complete
sentence information, see the court minute on the docket.
Count # 1.
Count as Filed: COMPU, USING A COMPUTER, COMPUTER NETWORK, OR COMPUTER SYSTEM TO
PUT ANOTHER PERSON IN FEAR OF PHYSICAL HARM OR DEATH , in violation of 21 O.S.
1951-1981 Date Of Offense: 10/08/2006
Party Name: Disposition Information:
Defendant: HORN, STEVEN CRAIG
Pending.
Count # 2.
Count as Filed: COMPU, USING A COMPUTER, COMPUTER NETWORK, OR COMPUTER SYSTEM TO PUT
ANOTHER PERSON IN FEAR OF PHYSICAL HARM OR DEATH , in violation of 21 O.S. 1951-1981
Date Of Offense: 10/13/2006
Party Name: Disposition Information:
Defendant: HORN, STEVEN CRAIG
Pending.
Count # 3.
Count as Filed: TELE, MAKING A HARASSING TELEPHONE CALL , in violation of 21 O.S.
1172
Date Of Offense: 11/02/2006
Party Name: Disposition Information:
Defendant: HORN, STEVEN CRAIG
Pending.
Docket
--------------------------------------------------------------------------------
Date Code Count Party Serial # Entry Date
01-10-2007 AF/SW - HORN, STEVEN CRAIG 51701020 Aug 16 2007 10:05:47:137AM
AFFIDAVIT AND RETURN OF SEARCH WARRANT/SW-7-11
--------------------------------------------------------------------------------
11-21-2007 CTFREE - HORN, STEVEN CRAIG 52638024 Nov 27 2007 9:53:37:953AM
ELLIOTT: COMES ON FOR PRETRIAL CONFERENCE. DEFT APPEARS IN PERSON WITH COUNSEL MERLE
GILE. STATE PRESENT BY ADA SAM CHAVERS. CASE SET FOR JURY TRIAL ON 1/28/2008 @ 9:00
AM BEFORE JUDGE ELLIOTT.
--------------------------------------------------------------------------------
12-03-2007 RTSBN - HORN, STEVEN CRAIG 52707391 Dec 4 2007 3:46:06:720PM
RETURN SUBPOENA (NO CHARGE)X4
--------------------------------------------------------------------------------
01-09-2008 NO - HORN, STEVEN CRAIG 52995134 Jan 14 2008 5:10:06:730PM
NOTICE OF OPEN FILE AND MOTION FOR DISCOVERY
--------------------------------------------------------------------------------
01-28-2008 CTFREE - HORN, STEVEN CRAIG 53113784 Jan 28 2008 9:21:38:490AM
ELLIOTT: COMES ON FOR JURY TRIAL. DEFT APPEARS IN PERSON OUT OF CUSTODY WITH COUNSEL
MERLE GILE. STATE PRESENT BY ADA SAM CHAVERS.
DEFT ENTERS A BLIND PLEA OF GUILTY.
FORMAL SENTENCING SET 3/19/2008 @ 1:30 PM
BEFORE JUDGE ELLIOTT. PSI ORDERED. BONDSMAN AGREES TO STAY ON BOND.
--------------------------------------------------------------------------------
01-28-2008 TEXT - HORN, STEVEN CRAIG 53138082 Jan 30 2008 9:21:17:283AM
BONDSMAN AGREEMENT TO REMAIN ON DEFENDANT'S BOND UNTIL FORMAL SENTENCING.
Document Available at Court Clerk's Office
--------------------------------------------------------------------------------
01-28-2008 OPSI - HORN, STEVEN CRAIG 53155838 Jan 31 2008 11:58:48:970AM
ORDER TO CONDUCT PRE-SENTENCE INVESTIGATION/ JUDGE ELLIOTT
Document Available at Court Clerk's Office
--------------------------------------------------------------------------------
01-28-2008 PGSF - HORN, STEVEN CRAIG 53162761 Feb 1 2008 8:37:58:530AM
PLEA OF GUILTY - SUMMARY OF FACTS/JUDGE ELLIOTT
Document Available at Court Clerk's Office
--------------------------------------------------------------------------------
Report Generated by The Oklahoma Court Information System at February 3, 2008 21:20
PM
--------------------------------------------------------------------------------
End of Transmission.
Defendant Steven "Caduceus" Horn was convicted of two violations of 21 O.S. 1951-1981
and one violation of: 21 O.S. 1172 (as detailed in a court document below). The penalties
for violating the two Oklahoma State Statutes may be found at this link:
http://www.lsb.state.ok.us/OKStatutes/CompleteTitles/os21.rtf
From the above link:
§21-1951. Short title.
This act shall be known and may be cited as the "Oklahoma Computer Crimes Act".
Added by Laws 1984, c. 70, § 1, emerg. eff. March 29, 1984.
Added by Laws 1984, ch. 70, § 2, emerg. eff. March 29, 1984. Amended by Laws 1989, c. 151, § 1, eff. Nov. 1, 1989.
§21-1953. Prohibited acts.
A. It shall be unlawful to:
8. Willfully use a computer, computer system, or computer network to annoy, abuse, threaten, or harass another person; and
9. Willfully use a computer, computer system, or computer network to put another person in fear of physical harm or death.
B. Any person convicted of violating paragraph 1, 2, 3, 6, 7 or 9 of subsection A of this section shall be guilty of a felony
punishable as provided in Section 1955 of this title.
C. Any person convicted of violating paragraph 4, 5 or 8 of subsection A of this section shall be guilty of a misdemeanor.
§21-1955. Penalties - Civil actions.
A. Upon conviction of a felony under the provisions of the Oklahoma Computer Crimes Act, punishment shall be by a fine of not less than Five Thousand Dollars ($5,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or by confinement in the State Penitentiary for a term of not more than ten (10) years, or by both such fine and imprisonment.
(That is up to twenty years in prison and/or $200,000.00 fine for Caduceus' two counts.)
§21-1172. Obscene, threatening or harassing telecommunication or other electronic communications - Penalty.
A. It shall be unlawful for a person who, by means of a telecommunication or other electronic communication device, willfully either:
1. Makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent;
2. Makes a telecommunication or other electronic communication with intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm to any person or property of that person;
3. Makes a telecommunication or other electronic communication, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death;
4. Makes a telecommunication or other electronic communication, whether or not conversation ensues, without disclosing the identity of the person making the call or communication and with intent to annoy, abuse, threaten, or harass any person at the called number;
5. Knowingly permits any telecommunication or other electronic communication under the control of the person to be used for any purpose prohibited by this section; and
6. In conspiracy or concerted action with other persons, makes repeated calls or electronic communications or simultaneous calls or electronic communications solely to harass any person at the called number(s).
B. As used in this section, telecommunication and electronic communication mean any type of telephonic, electronic or radio communications, or transmission of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone, including cellular telephones, wire, cable, radio, electromagnetic, photoelectronic or photo-optical system or the creation, display, management, storage, processing, transmission or distribution of images, text, voice, video or data by wire, cable or wireless means, including the Internet. The term includes:
1. A communication initiated by electronic mail, instant message, network call, or facsimile machine; and
2. A communication made to a pager.
C. Use of a telephone or other electronic communications facility under this section shall include all use made of such a facility between the points of origin and reception. Any offense under this section is a continuing offense and shall be deemed to have been committed at either the place of origin or the place of reception.
D. Except as provided in subsection E of this section, any person who is convicted of the provisions of subsection A of this section, shall be guilty of a misdemeanor.
E. Any person who is convicted of a second offense under this section shall be guilty of a felony.
Added by Laws 1969, c. 233, § 1, emerg. eff. April 21, 1969. Amended by Laws 1986, c. 215, § 1, eff. Nov. 1, 1986; Laws 1993, c. 283, § 1, eff. Sept. 1, 1993; Laws 1997, c. 133, § 306, eff. July 1, 1999; Laws 2004, c. 275, § 5, eff. July 1, 2004; Laws 2005, c. 231, § 1, eff. Nov. 1, 2005.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 306 from July 1, 1998, to July 1, 1999.
--------------------------------------------------------------------------------------------------------------------------------------
Looks like Caduceus is in for a real treat come March 19.
http://www.oscn.net/applications/ocisweb/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=2133794&db=Oklahoma
IN THE DISTRICT COURT IN AND FOR OKLAHOMA COUNTY, OKLAHOMA
STATE OF OKLAHOMA,
Plaintiff,
v.
STEVEN CRAIG HORN,
Defendant. No. CF-2007-864
(Criminal Felony)
Filed: 02/13/2007
Judge: Elliott, Ray C.
Parties
--------------------------------------------------------------------------------
HORN, STEVEN CRAIG , Defendant
Spencer Police Department , ARRESTING AGENCY
STATE OF OKLAHOMA , Plaintiff
Attorneys
--------------------------------------------------------------------------------
Attorney Represented Parties
Gile, Merle(Bar # )
120 N. ROBINSON
STE 2900
OKC,, OK 73102 HORN, STEVEN CRAIG
Events
--------------------------------------------------------------------------------
Monday, January 28, 2008 at 9:00 AM
JURY TRIAL (ISSUE)(JTI) HORN, STEVEN CRAIG Ray C. Elliott
Wednesday, March 19, 2008 at 13:30 PM
SENTENCING (AFTER BLIND PLEA)(SEN) HORN, STEVEN CRAIG Ray C. Elliott
Counts
--------------------------------------------------------------------------------
Parties appear only under the counts with which they were charged. For complete
sentence information, see the court minute on the docket.
Count # 1.
Count as Filed: COMPU, USING A COMPUTER, COMPUTER NETWORK, OR COMPUTER SYSTEM TO
PUT ANOTHER PERSON IN FEAR OF PHYSICAL HARM OR DEATH , in violation of 21 O.S.
1951-1981 Date Of Offense: 10/08/2006
Party Name: Disposition Information:
Defendant: HORN, STEVEN CRAIG
Pending.
Count # 2.
Count as Filed: COMPU, USING A COMPUTER, COMPUTER NETWORK, OR COMPUTER SYSTEM TO PUT
ANOTHER PERSON IN FEAR OF PHYSICAL HARM OR DEATH , in violation of 21 O.S. 1951-1981
Date Of Offense: 10/13/2006
Party Name: Disposition Information:
Defendant: HORN, STEVEN CRAIG
Pending.
Count # 3.
Count as Filed: TELE, MAKING A HARASSING TELEPHONE CALL , in violation of 21 O.S.
1172
Date Of Offense: 11/02/2006
Party Name: Disposition Information:
Defendant: HORN, STEVEN CRAIG
Pending.
Docket
--------------------------------------------------------------------------------
Date Code Count Party Serial # Entry Date
01-10-2007 AF/SW - HORN, STEVEN CRAIG 51701020 Aug 16 2007 10:05:47:137AM
AFFIDAVIT AND RETURN OF SEARCH WARRANT/SW-7-11
--------------------------------------------------------------------------------
11-21-2007 CTFREE - HORN, STEVEN CRAIG 52638024 Nov 27 2007 9:53:37:953AM
ELLIOTT: COMES ON FOR PRETRIAL CONFERENCE. DEFT APPEARS IN PERSON WITH COUNSEL MERLE
GILE. STATE PRESENT BY ADA SAM CHAVERS. CASE SET FOR JURY TRIAL ON 1/28/2008 @ 9:00
AM BEFORE JUDGE ELLIOTT.
--------------------------------------------------------------------------------
12-03-2007 RTSBN - HORN, STEVEN CRAIG 52707391 Dec 4 2007 3:46:06:720PM
RETURN SUBPOENA (NO CHARGE)X4
--------------------------------------------------------------------------------
01-09-2008 NO - HORN, STEVEN CRAIG 52995134 Jan 14 2008 5:10:06:730PM
NOTICE OF OPEN FILE AND MOTION FOR DISCOVERY
--------------------------------------------------------------------------------
01-28-2008 CTFREE - HORN, STEVEN CRAIG 53113784 Jan 28 2008 9:21:38:490AM
ELLIOTT: COMES ON FOR JURY TRIAL. DEFT APPEARS IN PERSON OUT OF CUSTODY WITH COUNSEL
MERLE GILE. STATE PRESENT BY ADA SAM CHAVERS.
DEFT ENTERS A BLIND PLEA OF GUILTY.
FORMAL SENTENCING SET 3/19/2008 @ 1:30 PM
BEFORE JUDGE ELLIOTT. PSI ORDERED. BONDSMAN AGREES TO STAY ON BOND.
--------------------------------------------------------------------------------
01-28-2008 TEXT - HORN, STEVEN CRAIG 53138082 Jan 30 2008 9:21:17:283AM
BONDSMAN AGREEMENT TO REMAIN ON DEFENDANT'S BOND UNTIL FORMAL SENTENCING.
Document Available at Court Clerk's Office
--------------------------------------------------------------------------------
01-28-2008 OPSI - HORN, STEVEN CRAIG 53155838 Jan 31 2008 11:58:48:970AM
ORDER TO CONDUCT PRE-SENTENCE INVESTIGATION/ JUDGE ELLIOTT
Document Available at Court Clerk's Office
--------------------------------------------------------------------------------
01-28-2008 PGSF - HORN, STEVEN CRAIG 53162761 Feb 1 2008 8:37:58:530AM
PLEA OF GUILTY - SUMMARY OF FACTS/JUDGE ELLIOTT
Document Available at Court Clerk's Office
--------------------------------------------------------------------------------
Report Generated by The Oklahoma Court Information System at February 3, 2008 21:20
PM
--------------------------------------------------------------------------------
End of Transmission.