Oklahoma Lawmaker Files 'Kyle's Law' to Combat 'Malicious Prosecution'


An Oklahoma state senator filed a bill on Tuesday dubbed “Kyle’s Law,” inspired by the trial of Kyle Rittenhouse, to protect Oklahomans who exercise their right of self-defense from facing trial for “political reasons.”

State Sen. Nathan Dahm (R-Broken Arrow) said the legislation, also called Senate Bill 1120, is designed to ensure “victims of malicious prosecution” are able to receive compensation for expenses and damages. Should the bill become law, if a person charged with murder is found not guilty due to justifiable homicide, the state would have to reimburse that person for all reasonable costs “including loss of wages, legal fees incurred, and other expenses involved in their defense.”

When a homicide is determined to be justified and the accused establishes that they had sustained injury due to malicious prosecution, then that person will be awarded “fair and just compensation.”

SB 1120 further states that in order to support a claim of malicious prosecution, the claimant must establish that the prosecution was instituted or instigated by the prosecutor and was without probable cause; that the prosecution had legally and finally been terminated in favor of the claimant; and that as a result of the criminal prosecution, the claimant sustained injury.

Malice may be established if the motive for the prosecution was something other than a desire to bring an offender to justice, or that it was one with ill will or hatred, or willfully done in a wanton or oppressive manner and in conscious disregard of the claimant’s rights.  Under the legislation, a prosecutor may be held personally liable to a claimant if malicious prosecution is established.

The bill was filed just a few days after Rittenhouse was acquitted of all charges stemming from defending himself against three rioters during a Black Lives Matter riot on August 25, 2020, in Kenosha, Wisconsin. Rittenhouse shot and killed James Rosenbaum, who threatened to kill him and reached for his gun, and Anthony Huber, who hit Rittenhouse in the head and neck with a skateboard and also attempted to grab his gun. Rittenhouse shot and injured a third man, Gaige Grosskreutz, who point... (Read more)

Submitted 13 days ago

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