Can Oklahoma's State Athletic Commission regulate slap fighting events the way it regulates boxing, MMA, and kickboxing?

Subject

Attorney General Opinion about the authority of the Oklahoma State Athletic Commission to regulate slap fighting as a "combative sport."

Plain-English summary

Slap fighting is exactly what it sounds like: two people stand still and trade open-hand slaps to the face until somebody can't continue. The first contests in Oklahoma happened in early 2024. The Oklahoma State Athletic Commission asked whether the activity falls under its regulatory authority over "combative sports."

The AG said yes, applying a plain-language reading of the statute. The Athletic Commission Act defines "combative sport" as "any form of competitive pugilism or unarmed combat in which a blow is usually struck which may reasonably be expected to inflict injury, including but not limited to boxing, wrestling, mixed martial arts, and kickboxing, but shall not include the martial arts." Slap fighting:

• Is unarmed combat (no weapons; just hands).
• Involves blows that reasonably can inflict injury (an undefended slap to the head qualifies).
• Is not "martial arts" (the statute lists karate, kung fu, tae kwon do, and similar disciplines that are centuries-old self-defense traditions; slap fighting is none of those).

The AG cited Nevada (the first state to regulate slap fighting in 2022), California (2023), and Texas (2024) as parallel jurisdictions reaching the same conclusion under similar statutory definitions.

What this means for you

For slap fighting promoters and event organizers in Oklahoma

You need to be licensed by the Oklahoma State Athletic Commission. Just like a boxing or MMA promoter, you'll need to comply with whatever sanctioning, medical-clearance, weight-class, and venue requirements the Commission imposes. Don't run an event under the assumption that this is somehow outside athletic-commission jurisdiction; the AG opinion forecloses that argument.

If you've been running events without Commission oversight, expect inquiries. Get current with licensing and bring contests under sanctioned rules. The Commission's stated mission, per 3A O.S. § 604.2(A), is to "preserve and protect the health, safety and welfare of combative sports event participants and the general public," not to ban contests; expect a regulatory model rather than a prohibitionary one.

For athletes (strikers and defenders)

Sanctioned events bring you into the safety framework that boxing and MMA participants enjoy: medical clearances before competition, ringside physicians, fight-stoppage authority, weight classes, anti-doping rules, and (importantly) regulated minimum recovery periods between contests. Whatever you think about the sport itself, sanctioning is good for you compared to backyard or unsanctioned events.

For venue operators

Hosting a slap-fighting contest after this opinion means hosting a "combative sports event," which triggers your obligations under the Commission's rules: insurance, medical staff on site, sanctioning paperwork, and venue inspection. Treat it the same way you'd treat hosting an MMA event.

For the Oklahoma State Athletic Commission

The opinion gives you a clean legal hook to issue rules, license events, and impose safety requirements on slap-fighting contests. You can adapt the existing combative-sports framework to slap fighting without needing new statutory authority. The opinion notes Nevada and Texas have already done this; their rules are useful templates.

For medical professionals serving as ringside physicians

Slap fighting carries a different injury profile than boxing or MMA. The defender stands still with hands behind their back; concussion risk per blow received is high because the defender cannot reduce force or rotate their head with the strike. Pre-event briefings on appropriate stoppage criteria, particularly for slap-induced concussion, are worth establishing.

Common questions

Why was slap fighting in legal limbo before this opinion?

Slap fighting is new. The first contests in Oklahoma happened in early 2024. The athletic commission's enabling statute predated the sport. The question for the AG was whether the existing definition of "combative sport" (drafted with boxing, wrestling, MMA, and kickboxing in mind) was broad enough to capture this new activity. The AG concluded it was, on the plain language.

How is slap fighting different from boxing?

In boxing, both fighters move, defend, and counter. In slap fighting, both contestants must keep their feet still and the defender must keep their head still and hands behind their back while receiving an unblocked open-hand slap to the face. Each exchange of slaps is a "round," up to ten rounds per match.

Is slap fighting a martial art?

The AG said no, distinguishing martial arts on two grounds: (1) the statutorily named martial arts (karate, kung fu, tae kwon do) are centuries-old, while slap fighting is recent, and (2) the named martial arts are commonly marketed and taught as forms of self-defense, while slap fighting is not. Both points come from the structure of 3A O.S. § 602(A)(24).

What other states regulate slap fighting?

Per the opinion: Nevada (since October 2022), California (since December 2023), and Texas (since July 2024). All three apply their existing combative-sports or unarmed-combat statutes; Oklahoma now joins the list.

Does this opinion ban slap fighting in Oklahoma?

No. It places slap fighting under the Commission's regulatory umbrella. Whether and how slap-fighting contests are permitted is up to the Commission's rulemaking, which can require licensing, medical safeguards, weight classes, and other safety requirements consistent with how it regulates boxing and MMA.

Background and statutory framework

The Oklahoma State Athletic Commission Act (3A O.S. §§ 601 to 624) establishes the Commission and gives it authority over "combative sports" in Oklahoma. The Commission's statutory mission, per § 604.2(A), is twofold: protect participants and the public, and encourage a regulated environment for combative sports.

The key definition is § 602(A)(13): "combative sport" means

any form of competitive pugilism or unarmed combat in which a blow is usually struck which may reasonably be expected to inflict injury, including but not limited to boxing, wrestling, mixed martial arts, and kickboxing, but shall not include the martial arts (singular) as defined by the provisions of this section.

The opinion parses this into four elements:

1. Pugilism or unarmed combat. "Pugilism" is fighting with the fists; "unarmed combat" means a fight without weapons. Slap fighting fits.

2. A blow usually struck reasonably expected to inflict injury. An undefended slap to the head qualifies. The opinion emphasizes that the definition does not require defenders to have a means of defending against the blow.

3. Including but not limited to a list of recognized combat sports. The "but not limited to" language signals legislative intent to capture future and emerging combat sports beyond the named disciplines.

4. Not "martial arts" as defined in § 602(A)(24). Martial arts means karate, kung fu, tae kwon do, "or any other form of martial or self-defense art." Slap fighting is none of those things.

On statutory construction, the AG relies on 25 O.S. § 1 (words used in their ordinary sense) and Leo v. Oklahoma Water Res. Bd. (where statutory definitions are clear and unambiguous, the plain meaning controls).

The AG's reliance on Nevada is structural rather than precedential: Nevada's "unarmed combat" definition in NRS § 467.0107 is materially identical to Oklahoma's "combative sport" definition. Nevada's State Athletic Commission concluded in October 2022 that slap fighting fits the definition; the AG used the same logic for Oklahoma.

Citations

• 3A O.S. §§ 601-624 (Oklahoma State Athletic Commission Act)
• 3A O.S. § 602(A)(13) (definition of "combative sport")
• 3A O.S. § 602(A)(24) (definition of "martial arts")
• 3A O.S. § 602(A)(35) (definition of "pugilism")
• 3A O.S. § 604.2(A) (Commission mission)
• 3A O.S. § 604.2(B)(2), § 606(A), § 607(A), § 609(A), § 610(A) (Commission powers over combative sports)
• 25 O.S. § 1 (words used in ordinary sense)
• Nev. Rev. Stat. § 467.0107 (Nevada unarmed combat definition; structural model)
• Leo v. Oklahoma Water Res. Bd., 2023 OK 96, 536 P.3d 939 (plain-meaning rule for clear statutory definitions)

Source

• Landing page: https://oklahoma.gov/oag/opinions/ag-opinions/2024/ag-opinion-24-18.html
• Original PDF: https://oklahoma.gov/content/dam/ok/en/oag/opinions/ag-opinions/2024/AGO24-20%202024%20OK%20AG%2018.pdf

Original opinion text

GENTNER DRUMMOND
ATTORNEY GENERAL
ATTORNEY GENERAL OPINION
2024-18

Diana Fletcher, Administrator
Oklahoma State Athletic Commission
Strata Tower
123 Robert S. Kerr, Ste. 1234
Oklahoma City, OK 73102

November 7, 2024

Dear Administrator Fletcher:

This office has received your request for an Attorney General Opinion in which you ask, in effect, the following question:

Is "slap fighting" a "combative sport[]" as defined in title 3A, section 602(A)(13) of the Oklahoma Statutes, such that it falls under the regulatory authority of the Oklahoma State Athletic Commission?

I. SUMMARY

Yes, slap fighting constitutes a "combative sport[]" as defined by title 3A, section 602(A)(13) of the Oklahoma Statutes. Slap fighting involves "unarmed combat in which a blow is usually struck which may reasonably be expected to inflict injury." 3A O.S.2021, § 602(A)(13).

II. BACKGROUND

The Legislature enacted the Oklahoma State Athletic Commission Act ("Act"), 3A O.S.2021, §§ 601-624, articulating its intent through the Commission's statutorily defined mission: "[T]o preserve and protect the health, safety and welfare of combative sports event participants and the general public through the effective regulation of combative sports in the State of Oklahoma, while fostering an environment that expands existing combative sports events and brings new events into the state." 3A O.S.Supp.2021, § 604.2(A). Through this lens, the office must determine whether slap fighting meets the definition of a "combative sport[]."

With the first contests in Oklahoma being reported in early 2024, slap fighting contests are a new import. These contests' arrival to Oklahoma and related safety concerns implicate the Act's intent to protect participants and invite new regulated events to Oklahoma. Slap fighting contests in other states (sanctioned or not) have emerged in the past five to ten years. Other states where combat sport contests regularly occur recently concluded that their respective athletic commissions possess regulatory authority over slap fighting. Notably, Nevada, the first state to regulate slap fighting, relied on the definition of "unarmed combat," essentially the same as Oklahoma's definition set forth in Section III, to conclude that the Nevada State Athletic Commission's jurisdiction encompasses the regulation of slap fighting. The Nevada State Athletic Commission unanimously determined in October 2022 that slap fighting qualifies as "unarmed combat," under Nev. Rev. Stat. Ann. § 467.070 (1985) and, as a result, established its jurisdiction to regulate slap contests. In 2024, California's State Athletic Commission voted to permit and regulate slap fighting in December 2023. The Texas Commission of Licensing and Regulation voted to sanction slap fighting in July 2024.

Contests involve two opponents facing each other and trading open-hand "slaps" to the face. Rules vary, but generally, both the striker (contestant delivering the slap) and defender (contestant receiving the slap) must keep both feet still during the slap, and the defender must keep his or her head still and hands behind his or her back while receiving the slap. Each exchange of slaps is a "round," and there can be up to ten rounds in a match.

Slap fighting shares similarities with established combat sports: for instance, contestants can win by knocking their opponent unconscious (a knockout/KO), winning on points given by match judges, or referee/medical stoppage because a contestant cannot continue or serious injury (technical knockout/TKO). The match may also end due to disqualification or be deemed a "no-contest" due to reasons such as accidental injury or breaking match rules. Contests employ weight classes, and leagues generally enforce detailed rules about permitted equipment, round timing, and whether a slap is permissible.

III. DISCUSSION

Under the Act, the Oklahoma Sports Athletic Commission ("Commission") may regulate slap fighting contests if considered a "combative sport[]." 3A O.S.2021, §§ 604.2(B)(2), 606(A), 607(A), 609(A), and 610(A). The Act defines a "combative sport[]" as:

[1] [A]ny form of competitive pugilism or unarmed combat [2] in which a blow is usually struck which may reasonably be expected to inflict injury, [3] including but not limited to boxing, wrestling, mixed martial arts, and kickboxing, [4] but shall not include the martial arts (singular) as defined by the provisions of this section;

3A O.S.2021, § 602(A)(13) (emphasis and numbering added). Identically, Nevada defines "unarmed combat" as "boxing or any form of competition in which a blow is usually struck which may reasonably be expected to inflict injury." NEV. REV. STAT. § 467.0107 (2023) (emphasis added).

"Words used in any statute are to be understood in their ordinary sense, except when a contrary intention plainly appears . . . ." 25 O.S.2021, § 1. When the language of a definition is clear and unambiguous, the plain and ordinary meaning of the words of the statute must be applied. Leo v. Oklahoma Water Res. Bd., 2023 OK 96, ¶ 17, 536 P.3d 939, 947. Here, no contrary intent appears, thus the definition of "combative sport[]" is facially clear and unambiguous.

The first element states that a "combative sport[]" includes "pugilism" (combative sports or the skill or practice of fighting with fists) and "unarmed combat," which ordinarily means a fight or contest between persons not using weapons. 3A O.S.2021, § 602(A)(13). Slap fighting is "unarmed combat" because contestants use only their hands to strike their opponent. The second element requires a "blow usually struck which may reasonably be expected to inflict injury." Id. An undefended slap to the face qualifies. Though slap fighting differs from existing combat sports as defenders may not "defend" against the slap, the definition of "combative sport[]" contains no requirements about available methods to defend against blows.

Under the third element, "combative sports" include "but [are] not limited to boxing, wrestling, mixed martial arts, and kickboxing." Id. This lack of limitation conveys the Legislature's intent to encompass a broad range of combative sports under the Commission's authority to regulate.

Finally, the fourth element excludes "martial arts" from "combative sports." 3A O.S.2021, § 602(A)(13). "Martial arts" embrace "any form of karate, kung fu, tae kwon-do, or any other form of martial or self-defense art." 3A O.S.2021, § 602(A)(24). Under this definition, slap fighting is not a "martial art[]." In contrast to karate, tae kwon do, and kung fu, which originated hundreds to thousands of years ago, slap fighting entered the fray more recently. Additionally, the named martial arts are commonly marketed and recognized as forms of self-defense. Slap fighting shares none of these elements. So slap fighting cannot be considered anything other than a combative sport. The Oklahoma State Athletic Commission Act's intent and similar determinations by other states substantiate this conclusion.

It is, therefore, the official Opinion of the Attorney General that:

Slap fighting is a "combative sport[]" as defined by title 3A, section 602(A)(13) of the Oklahoma Statutes and thus falls under the Oklahoma State Athletic Commission's regulatory authority.

GENTNER DRUMMOND
ATTORNEY GENERAL OF OKLAHOMA

ALEC FRASER
ASSISTANT ATTORNEY GENERAL