Title 22 — Title 22 — Criminal Procedure
0 chapters · 1,063 sections in this title.
22 O.S. § 363 Compensation and reimbursement
0.3K chars
Multicounty grand jurors shall be compensated as provided in Section 86 of Title 28 of the Oklahoma Statutes, and shall be reimbursed for necessary expenses on a per diem basis in the same manner and at the same rate as is prescribed by law for state employees. Added by Laws 1987…
22 O.S. § 37 Distinctive uniforms for police officers - Exceptions
0.6K chars
The governing bodies of the state, county, city or town, as the case may be, may furnish distinctive uniforms for all sheriffs, deputy sheriffs, policemen, town marshals, peace officers and other officers, whose duty is to preserve and enforce public peace. When uniforms are furn…
22 O.S. § 37.1 Off-duty law enforcement officers - Powers and duties-
0.5K chars
Liability. An "off-duty" law enforcement officer in official uniform in attendance at a public function, event or assemblage of people shall have the same powers and obligations as when he is "on-duty". Nothing herein shall impose liability upon the governmental entity, by whom t…
22 O.S. § 38 Representation of law enforcement officers by district
1.0K chars
attorney in civil actions resulting from riot activity. A law enforcement officer who has no criminal action taken, pending or contemplated against him for the identical acts as hereinafter set forth shall be entitled to representation by the district attorney of his district or …
22 O.S. § 381 Indictment may be found by nine - Endorsement
0.2K chars
An indictment cannot be found without the concurrence of at least nine grand jurors. When so found it must be endorsed "A True Bill", and the endorsement must be signed by the foreman. R.L.1910, § 5730.
22 O.S. § 382 Charge dismissed, when
0.4K chars
If nine grand jurors do not concur in finding an indictment against a defendant who has been held to answer the original information or the certified record of the proceedings before the magistrate transmitted to them, must be returned to the court, with an endorsement thereon, s…
22 O.S. § 383 Resubmission of charge
0.2K chars
The dismissal of the charge does not, however, prevent its being again submitted to a grand jury as often as the court may so direct. But without such direction it cannot be again submitted. R.L.1910, § 5732.
22 O.S. § 384 Names of witnesses endorsed on indictment
0.9K chars
When an indictment is found, the names of the witnesses examined before the grand jury must be endorsed thereon before the same is presented to the court, but a failure to so endorse the said names shall not be sufficient reason for setting aside the indictment if the district at…
22 O.S. § 385 Presentment and filing of indictment - Prohibition against
0.5K chars
disclosure. An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk, and remain in the clerk's office as a public record. Upon the request of the grand jury's legal advisor, the presiding j…
22 O.S. § 386 Proceedings where defendant at large
0.2K chars
When an indictment is found against a defendant who has not been previously arrested, and is not under bail, the same proceedings must be had as are prescribed against a defendant who fails to appear for arraignment. R.L.1910, § 5735.
22 O.S. § 387 Forms and rules of pleading
0.2K chars
All forms of pleading in criminal actions, and rules by which the sufficiency of pleadings is to be determined are those prescribed by this code. R.L.1910, § 5736.
22 O.S. § 388 Indictment or information is first pleading
0.1K chars
The first pleading on the part of the state is the indictment or information. R.L.1910, § 5737.
22 O.S. § 39 Benefits for citizens who aid
0.2K chars
Any citizen who shall be aiding in the maintaining of law and order shall likewise be entitled to the benefits of this act. Laws 1970, c. 291, § 2, emerg. eff. April 28, 1970.
22 O.S. § 4 Construction of words
0.4K chars
Unless when otherwise provided, words used in this code in the present tense include the future as well as the present. Words used in the masculine comprehend as well the feminine and neuter. The singular number includes the plural, and the plural the singular. And the word perso…
22 O.S. § 40 See the following versions:
0.1K chars
OS 22-40v1 (HB 3936, Laws 2024, c. 59, § 34). OS 22-40v2 (HB 3450, Laws 2024, c. 151, § 8).
22 O.S. § 40.1 Repealed by Laws 2010, c. 135, § 16, eff. Nov. 1, 2010
0.1K chars
22 O.S. § 40.1 Repealed by Laws 2010, c. 135, § 16, eff. Nov. 1, 2010
22 O.S. § 40.2 Victim protection order - Victims not to be discouraged
1.3K chars
from pressing charges. A. A victim protection order for any victim of rape, forcible sodomy, a sex offense, kidnapping or assault and battery with a deadly weapon shall be substantially similar to a protective order in domestic abuse cases pursuant to the Protection from Domestic…
22 O.S. § 40.3 Emergency temporary order of protection
3.5K chars
A. When the court is not open for business, the victim of domestic violence, stalking, harassment, rape, forcible sodomy, a sex offense, kidnapping or assault and battery with a deadly weapon or member of the immediate family of a victim of first-degree murder may request a petit…
22 O.S. § 40.3A Reporting of rape, sodomy, or sexual assault incidents –
3.5K chars
Referral of victim to services programs – Production of records to law enforcement officers. A. Any physician, surgeon, resident, intern, physician assistant, registered nurse, or any other health care professional examining, attending, or treating the victim of what appears to b…
22 O.S. § 40.5 Short Title
0.2K chars
Sections 2 through 4 of this act shall be known and may be cited as the "Domestic Abuse Reporting Act". Added by Laws 1986, c. 197, § 2, eff. Nov. 1, 1986.
22 O.S. § 40.6 Record of reported incidents of domestic abuse - Reports
1.1K chars
A. It shall be the duty of every law enforcement agency to keep a record of each reported incident of domestic abuse as provided in subsection B of this section and to submit a monthly report of such incidents as provided in subsection C of this section to the Director of the Okl…
22 O.S. § 40.7 Expert testimony - Admissibility
0.4K chars
In an action in a court of this state, if a party offers evidence of domestic abuse, testimony of an expert witness including, but not limited to, the effects of such domestic abuse on the beliefs, behavior and perception of the person being abused shall be admissible as evidence…
22 O.S. § 401 Requisites of indictment or information
0.3K chars
The indictment or information must contain: 1. The title of the action, specifying the name of the court to which the indictment or information is presented, and the names of the parties. 2. A statement of the acts constituting the offense, in ordinary and concise language, and i…
22 O.S. § 402 Indictment or information must be certain and direct
0.3K chars
The indictment or information must be direct and certain as it regards: 1. The party charged. 2. The offense charged. 3. The particular circumstances of the offense charged, when they are necessary to constitute a complete offense. R.L.1910, § 5739.
22 O.S. § 403 Designation of defendant by fictitious name
0.3K chars
When a defendant is indicted or prosecuted by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings, referring to the fact of his being charged by the name mentioned in the indictment or …
22 O.S. § 404 Single offense to be charged - Different counts
0.7K chars
The indictment or information must charge but one offense, but where the same acts may constitute different offenses, or the proof may be uncertain as to which of two or more offenses the accused may be guilty of, the different offenses may be set forth in separate counts in the …
22 O.S. § 405 Allegation of time
0.3K chars
The precise time at which the offense was committed need not be stated in the indictment or information; but it may be alleged to have been committed at any time before the finding thereof, except where the time is a material ingredient in the offense. R.L.1910, § 5742.
22 O.S. § 406 Misdescription of person injured or intended to be
0.3K chars
injured. When an offense involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, is not material. R.L.1910,…
22 O.S. § 407 Words, how construed
0.2K chars
The words used in an indictment or information must be construed in their usual acceptation, in common language, except words and phrases defined by law, which are to be construed according to their legal meaning. R.L.1910, § 5744.
22 O.S. § 408 Statute not strictly pursued
0.2K chars
Words used in a statute to define a public offense, need not be strictly pursued in the indictment or information; but other words conveying the same meaning may be used. R.L.1910, § 5745.
22 O.S. § 409 Indictment or information, when sufficient
1.2K chars
The indictment or information is sufficient if it can be understood therefrom: 1. That it is entitled in a court having authority to receive it, though the name of the court be not stated. 2. That it was found by a grand jury or presented by the district attorney of the county in…
22 O.S. § 40v1 Definitions
3.5K chars
As used in Sections 40 through 40.3 of this title: 1. "Assault and battery with a deadly weapon" means assault and battery with a deadly weapon or other means likely to produce death or great bodily harm as provided in Section 652 of Title 21 of the Oklahoma Statutes; 2. "Forcibl…
22 O.S. § 40v2 Definitions
3.4K chars
As used in Sections 40 through 40.3 of this title: 1. "Assault and battery with a deadly weapon" means assault and battery with a deadly weapon or other means likely to produce death or great bodily harm as provided in Section 652 of Title 21 of the Oklahoma Statutes; 2. "Forcibl…
22 O.S. § 41 Information of threat
0.2K chars
An information, verified by the oath of the complainant, may be laid before any magistrate, that a person has threatened to commit an offense against the person or property of another. R.L.1910, § 5561.
22 O.S. § 410 Immaterial informalities to be disregarded
0.3K chars
No indictment or information is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in the matter of form which does not tend to the prejudice of the substantial rights of the defendant upon the merits. R.L.19…
22 O.S. § 411 Matters which need not be stated
0.1K chars
Neither presumptions of law, nor matters of which judicial notice is taken, need be stated in an indictment or information. R.L.1910, § 5748.
22 O.S. § 412 Pleading a judgment
0.4K chars
In pleading a judgment or other determination of, or proceeding before a court or officer of special jurisdiction it is not necessary to state the facts conferring jurisdiction; but the judgment or determination may be stated to have been duly given or made. The facts constitutin…
22 O.S. § 413 Pleading private statute
0.2K chars
In pleading a private statute, or a right derived therefrom, it is sufficient to refer to the statute by its title and the day of its passage, and the court must thereupon take judicial notice thereof. R.L. 1910, Sec. 5750.
22 O.S. § 42 Magistrate must issue warrant
0.5K chars
If it appear from the information that there is just reason to fear the commission of the offenses threatened, by the person complained of, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any constable, or marshal, or policeman of the city…
22 O.S. § 421 Arson - Omission or error in designating owner or
0.3K chars
occupant. An omission to designate, or error in designating in indictment for arson, the owner or occupant of a building, shall not prejudice the proceedings thereupon, if it appears that upon the whole description given of the building, it is sufficiently identified to enable th…
22 O.S. § 422 Libel, indictment or information for
0.4K chars
An indictment or information for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter on which the indictment or information is founded, but it is sufficient to state generally that the same was publ…
22 O.S. § 423 Forgery, misdescription of forged instrument immaterial
0.4K chars
when. When an instrument, which is the subject of an indictment or information for forgery, has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information and established on the…
22 O.S. § 424 Perjury, indictment or information for
0.7K chars
In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the offense was committed, and in what court or before whom the oath alleged to be false was taken; and that the co…
22 O.S. § 425 Larceny or embezzlement, indictment or information for
0.5K chars
In an indictment or information for the larceny or embezzlement of money, bank notes, certificates of stock or valuable securities, or for a conspiracy to cheat and defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to…
22 O.S. § 426 Obscene literature, indictment or information for
0.5K chars
handling. An indictment or information for exhibiting, publishing, passing, selling or offering to sell, or having in possession with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper or writing, need not set forth any portion of the language used or fi…
22 O.S. § 43 Proceedings when charge is controverted
0.3K chars
When the person complained of is brought before the magistrate, if the charge be controverted, the magistrate must take testimony in relation thereto. The evidence must, on demand of the defendant, be reduced to writing, and subscribed by the witnesses. R.L.1910, § 5563. d
22 O.S. § 431 Several defendants
0.1K chars
Upon an indictment or information against several defendants, any one or more may be convicted or acquitted. R.L.1910, § 5756.
22 O.S. § 432 Accessories and principals in felony
0.6K chars
The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated, and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, o…
22 O.S. § 433 Accessory tried independently of principal
0.2K chars
An accessory to the commission of a felony may be prosecuted, tried and punished, though the principal felon be neither prosecuted nor tried, and though the principal may have been acquitted. R.L.1910, § 5758.
22 O.S. § 434 Compounding a crime - Separate prosecution
0.5K chars
A person may be prosecuted for having, with the knowledge of the commission of a public offense, taken money or property of another, or a gratutiy or reward, or an engagement or promise therefor, upon the agreement or understanding, express or implied, to compound or conceal the …