I think their use of the phrase “found to be a conspirator” relies on the idea that conspiracy is fairly narrowly defined as a legal term. The phrase “has an understanding of the unlawful nature of a plan and knowingly and willfully joins in that plan” from the legal definition of conspiracy would rule out a group with one rogue member who spontaneously commits a criminal act. They also add the term “found to have committed”, which excludes one of the types of prosecutable conspiracy where the criminal plan was not carried out. I guess if any experts on Oklahoma criminal law are out there, they can add a more nuanced analysis than I can.
I still think the law is designed as a deterrent against people and groups that want to damage power plants and dams and such. But if someone really feels that their right to protest includes and requires the behaviors proscribed by this law, they will likely feel that the law is designed to shut down those protests.
I have said that I think the act of “defacing” should stay on the misdemeanor side of the law. I think that would apply to spray painting slogans on walls and such. But knowledge of local laws has always been a reasonable part of preparation for a protest that involves trespassing or damage.
