Oklahoma House panel advances bill creating mask felony in riots and increasing riot-related criminal penalties

Bill advances from House Criminal Judiciary Committee

Oklahoma lawmakers are weighing a proposal that would expand criminal liability connected to riots, including a new felony offense for wearing a mask or other face covering while a riot is underway.

House Bill 3581, authored by Rep. Mark Lepak, R-Claremore, advanced from the House Criminal Judiciary Committee on a 5-1 vote on Feb. 10, 2026. The measure is part of a broader package of changes to state law that would increase penalties for several acts committed “in the course of a riot,” and it also proposes changes affecting civil liability for governments responding to riot-related damage.

What Oklahoma law currently defines as a riot

Under Oklahoma law, a riot is defined as “any use of force or violence, or any threat to use force or violence if accompanied by immediate power of execution, by three or more persons acting together and without authority of law.” HB 3581 builds on existing statutory penalties tied to participation in a riot by adding new felony provisions and expanding the scope of others.

Masking during a riot would become a felony under HB 3581

The bill would create a felony offense for wearing “a mask, hood, covering, or disguise” without lawful excuse and for the purpose of concealing identity during a riot. The proposed penalty for that offense would be up to two years in prison and/or a fine of up to $2,500.

Oklahoma already has a separate statute that makes it unlawful to wear a mask or hood that conceals identity during the commission of a crime, or for the purpose of coercion, intimidation, or harassment. That existing offense is a misdemeanor and includes multiple exceptions, such as for Halloween and certain public parades or exhibitions.

Expanded felony penalties for assault, property damage, and blocking roads

HB 3581 would also make certain conduct felony-level when committed during a riot, including assault and battery, aggravated assault and battery, and willfully damaging, destroying, vandalizing, or defacing structures.

• Assault and battery during a riot: proposed felony punishment range of two to 10 years in prison.

• Aggravated assault and battery during a riot: proposed felony punishment range of two to 20 years in prison.

• Property damage during a riot: proposed felony punishment range of two to 10 years in prison.

• Obstructing the normal use of a public street, highway, or road: proposed felony punishment of up to two years in prison and/or a fine up to $5,000, with civil liability for resulting damage.

A committee amendment filed for HB 3581 would remove wording that limited the property-damage felony to structures owned or leased by government authorities, broadening the provision’s reach.

Bail and government liability provisions also targeted

In committee discussion, lawmakers raised constitutional questions about a provision aimed at limiting bail for out-of-state defendants accused of riot participation. The bill’s author indicated the legislation was still being revised and that the bail language could change.

Separately, HB 3581 proposes changes to the Oklahoma Governmental Tort Claims Act by narrowing an existing immunity related to “civil disobedience, riot, insurrection or rebellion” in certain circumstances. The proposal would allow claims when the government was aware of a dangerous condition and failed to take reasonable action to mitigate damage or injury, or when an affirmative decision or policy allowed such conduct.

HB 3581 next proceeds through the House legislative process, where amendments and substitute language can further reshape the proposal.