Murder in Oklahoma law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Oklahoma.
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate somewhat above the median for the entire country.[1]
Degrees
editUnder Oklahoma law, "a person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being", or when a person, regardless of malice, kills another person with a firearm or crossbow while attempting to kill a different person, or in the commission of various other crimes, including:
- forcible rape
- robbery with a dangerous weapon
- kidnapping
- escape from lawful custody
- eluding an officer
- first degree burglary
- first degree arson
- unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances
- trafficking in illegal drugs, or
- manufacturing or attempting to manufacture a controlled dangerous substance.[2]
Murder in the second degree is committed "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 any particular individual" or when committed in the course of any felony other than those listed for first degree murder.[3]
Penalties
edit| Offense | Mandatory sentencing |
|---|---|
| First Degree Manslaughter | Maximum of life in prison or not less than 4 years |
| Second Degree Murder | Maximum of life in prison otherwise a minimum of 10 years under sentencing guidelines for a person with a clean record |
| First Degree Murder | for adults Death Penalty, Life without Parole,
For juvies Life with parole eligibility after 38 years |
References
edit- ^ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- ^ "2023 Oklahoma Statutes :: Title 21. Crimes and Punishments :: §21-701.7. Murder in the first degree". Justia Law.
- ^ 2023 Oklahoma Statutes :: Title 21. Crimes and Punishments :: §21-701.8. Murder in the second degree.
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