Title 21 — Title 21 — Crimes and Punishments

A. Homicide is the killing of one human being by another. B. As used in this section, “human being” includes an unborn child, as defined in Section 1-730 of Title 63 of the Oklahoma Statutes. C. Homicide shall not include: 1. Acts which cause the death of an unborn child if those…

Homicide is either: 1. Murder; 2. Manslaughter; 3. Excusable homicide; or, 4. Justifiable homicide. R.L.1910, § 2309.

No person can be convicted of murder or manslaughter, or of aiding suicide, unless the death of the person alleged to have been killed and the fact of the killing by the accused are each established as independent facts beyond a reasonable doubt. R.L. 1910, § 2310.

A. The rules of the common law distinguishing the killing of a master by his servant and of a husband by his wife as petit treason are abolished and these offenses are deemed homicides, punishable in the manner prescribed by Section 691 et seq. of this title. B. The rule of the c…

Whenever the grade or punishment of homicide is made to depend upon its having been committed under circumstances evincing a depraved mind or unusual cruelty, or in a cruel manner, the jury may take into consideration the fact that any domestic or confidential relation existed be…

This title specifies the classes of persons who are deemed capable of crimes, and liable to punishment therefor. This title defines the nature of various crimes and prescribes the kind and measure of punishment to be inflicted for each. The manner of prosecuting and convicting cr…

State seeking death penalty. A. Upon conviction or adjudication of guilt of a defendant of murder in the first degree, wherein the state is seeking the death penalty, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced t…

degree - Admissibility of evidence. Notwithstanding subsection A of Section 701.10 of this title, which requires that the same jury sit in the sentencing phase of a capital murder trial, the following shall apply: 1. Upon any appeal by the defendant where the sentence is of death…

intellectually disabled prior to age 18 - Sentencing proceedings. A. For purposes of this section: 1. "Intellectual disability" or "intellectually disabled" means significantly subaverage general intellectual functioning, existing concurrently with significant limitations in adap…

circumstance. In the sentencing proceeding, the statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in the charge and in writing to the jury for its deliberation. The jury, if its verdict be a unanimous recommendation of death, s…

Nothing in this act shall be construed to impair or abrogate the use of clemency by way of commutation or pardon. Amended by Laws 1987, c. 96, § 3, eff. Nov. 1, 1987.

Aggravating circumstances shall be: 1. The defendant was previously convicted of a felony involving the use or threat of violence to the person; 2. The defendant knowingly created a great risk of death to more than one person; 3. The person committed the murder for remuneration o…

A. Whenever the death penalty is imposed, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the Oklahoma Court of Criminal Appeals. The court reporter of the trial court shall prepare all transcripts necessary for appeal with…

21 O.S. § 701.14 Repealed by Laws 1991, c. 238, § 37, eff. July 1, 1991

In the event the death penalty is held to be unconstitutional by the Oklahoma Court of Criminal Appeals or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death shall cause such person to be brought before the court, and the co…

It shall be unlawful for any person or agent of that person to solicit another person or persons to cause the death of a human being by the act of murder in the first degree as is defined by Section 701.7 of this title. A person who is convicted, pleads guilty or pleads nolo cont…

July 1, 1999.

A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances ca…

Homicide, a Class A1 felony offense, is murder in the second degree in the following cases: 1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of…

A. A person who is convicted of or pleads guilty or nolo contendere to murder in the first degree shall be guilty of a Class Y felony offense and shall be punished by death, by imprisonment for life without parole, or by imprisonment for life. A person who is convicted of or plea…

A design to effect death is inferred from the fact of killing, unless the circumstances raise a reasonable doubt whether such design existed. R.L.1910, § 2314.

A design to effect death sufficient to constitute murder may be formed instantly before committing the act by which it is carried into execution. R.L.1910, § 2315.

Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time. R.L.1910, § 2316.

Homicide perpetrated by an act imminently dangerous to others and evincing a depraved mind, regardless of human life, is not the less murder because there was no actual intent to injure others. R.L.1910, § 2317.

Homicide, a Class A2 felony offense, is manslaughter in the first degree in the following cases: 1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor; 2. When perpetrated without a design to effect death, and in a heat …

Every physician who, being in a state of intoxication without a design to effect death, administers any poison, drug or medicine, or does any other act as such physician to another person, which produces the death of such other person, is guilty of manslaughter in the first degre…

21 O.S. § 713 Repealed by Laws 2006, c. 185, § 23, eff. Nov. 1, 2006

21 O.S. § 714 Repealed by Laws 2021, c. 308, § 1, eff. June 24, 2022

Any person guilty of manslaughter in the first degree shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than four (4) years. R.L. 1910, § 2324. Amended by Laws 1997, c. 133, § 235, eff. July 1, 1999; Laws 1999, 1st…

Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree, a Class B5 f…

If the owner of a mischievous animal, knowing its propensities, wilfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large or not confined, kills any human being who has taken all the precautions which the circumstances permitted, to…

Any person guilty of manslaughter in the second degree shall be guilty of a Class B5 felony offense punishable by imprisonment in the State Penitentiary not more than four (4) years and not less than two (2) years, or by imprisonment in a county jail not exceeding one (1) year, o…

Any offense committed pursuant to the provisions of Section 652, 701.7, 701.8, 711 or 716 of this title does not require proof that the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant or that the off…

Homicide is excusable in the following cases: 1. When committed by accident and misfortune in doing any lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent. 2. When committed by accident and misfortune in the heat of passion, upon any sud…

A. A peace officer, correctional officer, or any person acting by his command in his aid and assistance, is justified in using deadly force when: 1. The officer is acting in obedience to and in accordance with any judgment of a competent court in executing a penalty of death; or …

A. Homicide is also justifiable when committed by any person in any of the following cases: 1. When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is; 2. When committed in the lawful defense of …

Any person who, without lawful authority, seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away another, with intent, either: 1. To cause such other person to be confined or imprisoned in this state against the will of the other person; or 2. To cause such other …

disposing, receiving, possessing or exchanging money or property received. A. Every person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, for the purpose of extorting any money, property or thing of value or advantage from th…

Every offense prohibited in the last section may be tried in the county in which the crime may have been committed or in any county through which the person so seized, confined, inveigled or kidnapped shall have been taken, carried, or into which such person may be brought. R.L.1…

A. The supervising law enforcement official having jurisdiction in the geographical area where any hostage is held or any suspect is barricaded who has probable cause to believe that the holder of any hostage or that any suspect is committing a crime shall have the authority to o…

OS 21-748v1 (HB 1886, Laws 2025, c. 291, 2) OS 21-748v2 (HB 2104, Laws 2025, c. 486, § 20)

A. There is hereby created a statewide "Human Trafficking Awareness and Education Program". The Director of the Human Trafficking Response Unit within the Office of the Attorney General shall develop, promote, and coordinate a public awareness program to be utilized by law enforc…

Right to civil action – Notice of rights – Protective custody. A. Human trafficking victims shall: 1. Be housed in an appropriate shelter as soon as practicable; 2. Not be detained in facilities inappropriate to their status as crime victims; 3. Not be jailed, fined, or otherwise…

Fund. A. There is hereby created in the State Treasury a revolving fund for the Office of the Attorney General to be designated the "Victims of Human Trafficking and Prevention Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall…

exploitation. A. As used in Sections 748 and 748.2 of this title: 1. "Coercion" means compelling, forcing or intimidating a person to act by: a. threats of harm or physical restraint against any person, b. any act, scheme, plan, or pattern intended to cause a person to believe th…

exploitation. A. As used in Sections 748 and 748.2 of this title: 1. "Coercion" means compelling, forcing or intimidating a person to act by: a. threats of harm or physical restraint against any person, b. any act, scheme, plan, or pattern intended to cause a person to believe th…

Every person who, with premeditated design to injure another, inflicts upon his person any injury which disfigures his personal appearance or disables any member or organ of his body or seriously diminishes his physical vigor, is guilty of maiming, a Class A3 felony offense. R.L.…

Every person who with design to disable himself from performance of any legal duty, existing or anticipated, inflicts upon himself any injury whereby he is so disabled, is guilty of maiming, a Class C2 felony offense. R.L.1910, § 2346. Amended by Laws 2025, c. 486, § 224, eff. Ja…

To constitute maiming it is immaterial by what means or instrument, or in what manner the injury was inflicted. R.L.1910, § 2348.

To constitute maiming by disfigurement, the injury must be such as is calculated, after healing, to attract observation. A disfigurement which can only be discovered by close inspection does not constitute maiming. R.L.1910, § 2349.