Sentencing in Oklahoma 9th Edition

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    Chapter 14. 85% Crimes

    14.1 1st degree murder

    OSMA24 Class Y, 21 O.S.Supp.2024 § 20B

    1. 1st, or unenhanced, offense1
      1. minimum: life imprisonment
      2. maximum (non-capital): life without parole
      3. maximum (capital): death
      4. ≤ $10,000 fine
    2. After former conviction of 1 or more felonies2
      1. minimum: life imprisonment
      2. maximum (non-capital): life without parole
      3. maximum (capital): death
      4. ≤ $10,000 fine
    3. By intentionally causing death of law or correctional officer, or corrections employee, in the performance of official duties3
      1. minimum: life without parole, 
      2. absent overwhelming mitigating evidence, defendant shall not be sentenced to life, or a deferred sentence
      3. maximum: death
      4. ≤ $10,000 fine

    14.2 2nd degree murder

    OSMA24 Class A1, 21 O.S.Supp.2024 § 20C

    1. 1st, or unenhanced, offense4
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction5
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions6
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    14.3 accessory to first degree murder7

    OSMA24 Class A2, 21 O.S.Supp.2024 § 20D

    1. 1st, or unenhanced, offense8
      1. minimum: 5 years imprisonment
      2. maximum: 45 imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction9
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions10
      1. minimum: 15 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    14.3 accessory to second degree murder

    OSMA24 Class B1, 21 O.S.Supp.2025 § 20F

    1. 1st, or unenhanced, offense11
      1. minimum: 5 years imprisonment
      2. maximum: 25 imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction12
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions13
      1. minimum: 15 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    14.4 1st degree manslaughter

    OSMA24 Class A2, 21 O.S.Supp.2024 § 20D

    1. 1st, or unenhanced, offense14
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction15
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions16
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    14.5 poisoning with intent to kill

    OSMA24 Class A1, 21 O.S.Supp.2024 § 20C

    1. 1st, or unenhanced, offense17
      1. minimum: 10 years
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction18
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions19
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    14.6 shooting with intent to kill

    OSMA24 Class A3, 21 O.S.Supp.2024 § 20E

    1. 1st, or unenhanced, offense20
      1. minimum: none specified
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction21
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions22
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    14.7 using vehicle in intentional discharge of a firearm

    OSMA24 Class A3, 21 O.S.Supp.2024 § 20E

    1. 1st, or unenhanced, offense23
      1. minimum: 2 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction24
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions25
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    14.8 assault, battery, or assault and battery with deadly weapon, or attempt to kill

    OSMA24 Class A3, 21 O.S.Supp.2024 § 20E

    1. 1st, or unenhanced, offense26
      1. ≤ life imprisonment
      2. ≤ $10,000 fine
    2. After 1 prior felony conviction27
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions28
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    14.9 assault with intent to kill not punishable in 21 O.S.2021, § 652

    OSMA24 Class B5, 21 O.S.Supp.2024 § 20J

    1. 1st, or unenhanced, offense29
      1. imprisonment in DOC: ≤ 5 years
      2. or imprisonment in jail: ≤ 1 year
      3. or ≤ $500 fine
    2. After 1 prior felony conviction30
      1. ≤ 10 years imprisonment
      2. ≤ $10,000 fine
    3. After 2 or more prior felony convictions31
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    14.10 conjoint robbery

    OSMA24 Class A2, 21 O.S.Supp.2024 § 20D

    1. 1st, or unenhanced, offense32
      1. minimum: 5 years imprisonment
      2. maximum: 50 years imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction33
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions34
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    14.11 robbery with a dangerous weapon

    OSMA24 Class A2, 21 O.S.Supp.2024 § 20D

    1. 1st, or unenhanced, offense35
      1. minimum: 5 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction36
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior (non-801) felony convictions37
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    4. Third offense, robbery with a dangerous weapon38
      1. minimum: 10 (calendar) years imprisonment
      2. maximum: life imprisonment
      3. ineligible for reduction, suspension, probation, or parole for 10 calendar years
      4. $10,000 fine
    5. Third offense, after 1 or more prior non-801 convictions39
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. $10,000 fine

    14.12 1st degree robbery

    OSMA24 Class A2, 21 O.S.Supp.2024 § 20D

    1. 1st, or unenhanced, offense40
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction41
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions42
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    14.13 1st degree rape

    OSMA24 Class A2, 21 O.S.Supp.2024 § 20D

    1. 1st, or unenhanced, offense43
      1. minimum: 5 years imprisonment
      2. maximum (non-capital): life without parole
      3. maximum: death
      4. except for death, life, or life without parole, ≥ 3 years post-imprisonment DOC supervision44
      5. ≤ $10,000 fine
    2. After 1 prior felony conviction45
      1. minimum: 10 years imprisonment
      2. maximum: life without parole
      3. except for life or life without parole, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $10,000 fine
    3. After 2 or more prior felony convictions46
      1. minimum: life imprisonment
      2. maximum: life without parole
      3. except for life or life without parole, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $10,000 fine
    4. After former conviction of47
      1. child sexual abuse
      2. 1st degree rape
      3. forcible sodomy
      4. lewd molestation
      5. sexual abuse of a child
      6. minimum: life without parole
      7. ≤ $10,000 fine
    5. Rape of a child under 14, after former conviction of48
      1. forcible sodomy
      2. rape
      3. rape by instrumentation
      4. or lewd molestation
      5. of a child under 14
      6. minimum: life without parole
      7. maximum: death
      8. ≤ $10,000 fine

    14.14 1st degree arson

    OSMA24 Class A3, 21 O.S.Supp.2024 § 20E

    1. 1st, or unenhanced, offense49
      1. ≤ 35 years imprisonment
      2. ≤ $25,000
    2. After 1 prior felony conviction50
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $25,000 fine
    3. After 2 or more prior felony convictions51
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $25,000 fine

    14.15 bombing

    OSMA24 Class D1, 21 O.S.Supp.2024 § 20N

    1. 1st, or unenhanced, offense52
      1. minimum: 3 years imprisonment
      2. maximum: 10 years imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction53
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions54
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    Bombing, with personal injury

    OSMA24 Class A1, 21 O.S.Supp.2024 § 20C

    1. First, or unenhanced, offense55
      1. minimum: 7 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    2. Bombing, with personal injury, after 1 prior felony conviction56
      1. minimum:10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. Bombing, with personal injury, after 2 or more prior felony convictions57
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    14.16 child abuse

    OSMA24 Class A3, 21 O.S.Supp.2024 § 20E

    1. 1st, or unenhanced, offense58
      1. imprisonment in DOC: ≤ life
      2. or imprisonment in jail: ≤ 1 year
      3. or $500-5,000 fine
      4. or both fine and imprisonment
    2. After 1 prior felony conviction59
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. $500-5,000 fine
    3. After 2 or more prior felony convictions60
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. $500-5,000 fine

    14.17 child sexual abuse

    OSMA24 Class A3, 21 O.S.Supp.2024 § 20E

    1. 1st, or unenhanced, offense61
      1. imprisonment in DOC: ≤ life
      2. or $500-5,000 fine
      3. or both fine and imprisonment
      4. except for life, if sentenced to ≥ 2 years, ≥ 3 years post-imprisonment DOC supervision62
    2. After 1 prior felony conviction63
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. except for life, ≥ 3 years post-imprisonment DOC supervision
      4. $500-5,000 fine
    3. After 2 or more prior felony convictions64
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. except for life, ≥ 3 years post-imprisonment DOC supervision
      4. $500-5,000 fine
    4. child sexual abuse of a victim under 1265
      1. minimum: 25 years imprisonment
      2. maximum: life imprisonment
      3. $500-5,000 fine
      4. except for life, ≥ 3 years post-imprisonment DOC supervision
    5. child sexual abuse after a prior conviction of66
      1. 1st degree rape
      2. forcible sodomy
      3. lewd molestation of a child
      4. or sexual abuse of a child
      5. minimum: life without parole
      6. $500-5,000 fine

    14.18 child neglect

    OSMA24 Class B1, 21 O.S.Supp.2024 § 20F

    1. 1st, or unenhanced, offense67
      1. imprisonment in DOC: ≤ life
      2. or imprisonment in jail: ≤ 1 year
      3. or $500-5,000 fine
      4. or both fine and imprisonment
    2. After 1 prior felony conviction68
      1. minimum: 2 years imprisonment
      2. maximum: life imprisonment
      3. $500-5,000 fine
    3. After 2 or more prior felony convictions69
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. 1st, or unenhanced, offense
      4. $500-5,000 fine

    14.19 child sexual exploitation

    OSMA24 Class A3, 21 O.S.Supp.2024 § 20E

    1. 1st, or unenhanced, offense70
      1. imprisonment in DOC: ≤ life
      2. or imprisonment in jail: ≤ 1 year
      3. or $500-5,000 fine
      4. or both fine and imprisonment
      5. except for life, if sentenced to ≥ 2 years, ≥ 3 years post-imprisonment DOC supervision
    2. After 1 prior felony conviction71
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. $500-5,000 fine
      4. except for life, ≥ 3 years post-imprisonment DOC supervision
    3. After 2 or more prior felony convictions72
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. $500-5,000 fine
      4. except for life, ≥ 3 years post-imprisonment DOC supervision
    4. child sexual exploitation a victim under 1273
      1. minimum: 25 years imprisonment
      2. maximum: life imprisonment
      3. $500-5,000 fine
      4. except for life, ≥ 3 years post-imprisonment DOC supervision

    14.20 enable child abuse, sexual abuse, or sexual exploitation

    OSMA24 Class A3, 21 O.S.Supp.2024 § 20E

    1. 1st, or unenhanced, offense74
      1. imprisonment in DOC: ≤ life
      2. or imprisonment in jail: ≤ 1 year
      3. or $500-5,000 fine
      4. or both fine and imprisonment
    2. After 1 prior felony conviction75
      1. minimum: 10 years
      2. maximum: life imprisonment
      3. $500-5,000 fine
    3. After 2 or more prior felony convictions76
      1. minimum: 20 years
      2. maximum: life imprisonment
      3. $500-5,000 fine

    14.21 enable child neglect

    OSMA24 Class B1, 21 O.S.Supp.2024 § 20F

    1. 1st, or unenhanced, offense77
      1. imprisonment in DOC: ≤ life
      2. or imprisonment in jail: ≤ 1 year
      3. or $500-5,000 fine
      4. or both fine and imprisonment
    2. After 1 prior felony conviction78
      1. minimum: 2 years
      2. maximum: life imprisonment
      3. $500-5,000 fine
    3. After 2 or more prior felony convictions79
      1. minimum: 4 years
      2. maximum: life imprisonment
      3. ≤ $ 10,000 fine

    14.22 forcible sodomy

    OSMA24 Class B1, 21 O.S.Supp.2024 § 20F

    1. 1st, or unenhanced, offense80
      1. ≤ 20 years imprisonment
      2. if sentenced to ≥ 2 years, ≥ 3 years post-imprisonment DOC supervision
      3. ≤ $ 10,000 fine
    2. After 1 prior felony conviction81
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. except for life, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $ 10,000 fine
    3. After 2 or more prior felony convictions82
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. except for life, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $ 10,000 fine
    4. forcible sodomy of a victim < 16, after 1 prior felony conviction83
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. except for life, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $ 10,000 fine
      5. no suspended, deferred, or probation
    5. forcible sodomy of a victim < 16, after 2 or more prior felony convictions84
      1. minimum: life imprisonment
      2. ≤ $ 10,000 fine
      3. no suspended, deferred, or probation
    6. forcible sodomy after a prior conviction of85
      1. 1st degree rape
      2. lewd molestation
      3. or sexual abuse of a child
      4. minimum: life without parole
      5. ≤ $ 10,000 fine
    7. forcible sodomy of a child under 14, after a prior conviction of86
      1. forcible sodomy
      2. rape
      3. rape by instrumentation
      4. or lewd molestation
    8. of a child under 14
      1. minimum: life without parole
      2. maximum: death
      3. ≤ $ 10,000 fine

    14.23 child pornography

    OSMA24 Class A1, 21 O.S.Supp.2024 § 20C

    OSMA24 Class B1, 21 O.S.Supp.2024 § 20F

    1. 1st, or unenhanced, violation of 21 O.S., §§ 1021.2(A), 1021.3(A)87
      1. ≤ 20 years imprisonment
      2. or ≤ $25,000 fine
      3. or both fine and imprisonment
      4. ineligible for a deferred sentence
      5. ≥ 3 years post-imprisonment DOC supervision
    2. After 1 prior felony conviction88
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ineligible for a deferred sentence
      4. ≥ 3 years post-imprisonment DOC supervision
      5. ≤ $25,000 fine
    3. After 2 or more prior felony convictions89
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $25,000 fine
      5. ineligible for a deferred sentence
      6. ≥ 3 years post-imprisonment DOC supervision
    4. 1st, or unenhanced, violation of 21 O.S., § 1024.290
      1. ≤ 20 years imprisonment
      2. or ≤ $25,000 fine
      3. or both fine and imprisonment
      4. ineligible for a deferred sentence
      5. ≥ 3 years post-imprisonment DOC supervision
    5. After 1 prior felony conviction91
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $25,000 fine
      4. ineligible for a deferred sentence
      5. ≥ 3 years post-imprisonment DOC supervision
    6. After 2 or more prior felony convictions92
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $25,000 fine
      4. ineligible for a deferred sentence
      5. ≥ 3 years post-imprisonment DOC supervision

    14.24 child prostitution (now called child sex trafficking in 2025 amendments)

    OSMA24 Class B1, 21 O.S.Supp.2024 § 20F

    • 1st, or unenhanced, offense93
      1. ≤ 10 years imprisonment
      2. ≤ $5,000 fine
    • After 1 prior felony conviction94
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $5,000 fine, or ≤ $10,000 fine if prior offense is child prostitution
    • After 2 or more prior felony convictions95
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $5,000 fine, or ≤ $15,000 fine if two prior offenses are child prostitution

    14.25 lewd molestation (lewd acts with a child under 16)

    OSMA24 Class A3, 21 O.S.Supp.2024 § 20E

    1. 1st, or unenhanced, offense96
      1. minimum: 3 years imprisonment
      2. maximum: 20 years imprisonment
      3. ≤ $10,000 fine
      4. or both fine and imprisonment
      5. except for life, if sentenced to ≥ 2 years, ≥ 3 years post-imprisonment DOC supervision97
    2. After 1 prior felony conviction98
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. except for life, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $ 10,000 fine
    3. After 2 or more prior felony convictions99
      1. minimum: life imprisonment
      2. maximum: life imprisonment without parole
      3. except for life, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $ 10,000 fine
    4. lewd molestation of a child under 12100
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $ 10,000 fine
      4. except for life, ≥ 3 years post-imprisonment DOC supervision
    5. lewd molestation of a child under 14, after prior conviction of101
      1. 1st degree rape
      2. rape by instrumentation
      3. forcible sodomy
      4. lewd molestation
      5. or sexual abuse
    6. of a child under 14
      1. minimum: life without parole
      2. maximum: death
      3. ≤ $ 10,000 fine

    14.26 lewd or indecent proposals or enticements

    OSMA24 Class A3, 21 O.S.Supp.2024 § 20E

    1. 1st, or unenhanced, offense102
      1. minimum: 3 years imprisonment
      2. maximum: 20 years imprisonment
      3. ≤ $10,000 fine
      4. or both fine and imprisonment
      5. except for life, if sentenced to ≥ 2 years, ≥ 3 years post-imprisonment DOC supervision
    2. After 1 prior felony conviction103
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. except for life, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $ 10,000 fine
    3. After 2 or more prior felony convictions104
      1. minimum: life imprisonment
      2. maximum: life imprisonment without parole
      3. except for life, ≥ 3 years post-imprisonment DOC supervision
      4. ≤ $ 10,000 fine
    4. lewd or indecent proposal to a child under 12
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. and $10,000 fine
      4. except for life, ≥ 3 years post-imprisonment DOC supervision
    5. lewd or indecent proposal after two or more prior convictions of105
      1. 1st degree rape
      2. forcible sodomy
      3. sexual abuse of a child
      4. or any attempt to commit these crimes or any combination of convictions
      5. minimum: life
      6. maximum: life without parole

    14.27 abuse of vulnerable adult

    OSMA24 Class D1, 21 O.S.Supp.2024 § 20N

    1. 1st, or unenhanced, offense106
      1. ≤ 10 years imprisonment
      2. or ≤ $10,000 fine
      3. or both fine and imprisonment
    2. After 1 prior felony conviction107
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions108
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    4. Involving sexual abuse109
      1. ≤ 15 years imprisonment
      2. or ≤ $10,000 fine
      3. or both fine and imprisonment
    5. After 1 prior felony conviction110
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    6. After 2 or more prior felony convictions111
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
      4. Except life or life without parole, if sentenced to imprisonment to ≥ 2 years, ≥ 3 years post-imprisonment supervision per 22 O.S.2021, § 991a(A)(1)(f)

    14.28 aggravated child pornography

    OSMA24 Class A2, 21 O.S.Supp.2024 § 20D

    1. 1st, or unenhanced, offense112
      1. ≤ life imprisonment
      2. ≤ $10,000 fine
      3. mandatory sex offender registration
      4. ineligible for a deferred sentence
      5. ≥ 3 years post-imprisonment DOC supervision
    2. After 1 prior felony conviction113
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. mandatory sex offender registration
      4. ≥ 3 years post-imprisonment DOC supervision
      5. ≤ $10,000 fine
    3. After 2 or more prior felony convictions114
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. mandatory sex offender registration
      4. ≥ 3 years post-imprisonment DOC supervision115
      5. ≤ $10,000 fine

    14.29 aggravated drug trafficking (see drug trafficking in Chapter 12)

    14.30 aggravated assault and battery upon person defending another

    OSMA24 Class B5, 21 O.S.Supp.2024 § 20J

    1. 1st, or unenhanced, offense116
      1. imprisonment in DOC: ≤ 5 years
      2. or imprisonment in jail: ≤ 1 year
      3. or ≤ $500 fine
      4. or both fine and imprisonment
    2. After 1 prior felony conviction117
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $500 fine
    3. After 2 or more prior felony convictions118
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $500

    14.31 human trafficking

    OSMA24 Class A2, 21 O.S.Supp.2024 § 20D

    1. 1st, or unenhanced, offense119
      1. minimum: 5 years imprisonment
      2. maximum: life imprisonment
      3. or ≤ $100,000 fine
      4. or both fine and imprisonment
      5. mandatory restitution to the victim
    2. After 1 prior felony conviction120
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. no suspension, deferral or probation
      4. no earned credits, except achievement credits with Class 2 behavior
      5. ≤ $100,000 fine
      6. mandatory restitution to the victim
      7. no suspension, deferral or probation
    3. After 2 or more prior felony convictions121
      1. minimum: 15 years imprisonment
      2. no earned credits, except achievement credits with Class 2 behavior
      3. maximum: life imprisonment
      4. ≤ $100,000 fine
      5. mandatory restitution to the victim
      6. no suspension, deferral or probation
      7. no earned credits, except achievement credits with Class 2 behavior
    4. Human trafficking, with a victim < 18122
      1. 1st, or unenhanced, offense:
      2. minimum: 10 years imprisonment
      3. maximum: life imprisonment
      4. or ≤ $250,000 fine
      5. or both fine and imprisonment
      6. mandatory restitution to the victim
      7. no suspension, deferral or probation
    5. After 1 prior felony conviction123
      1. minimum: 15 years imprisonment
      2. no earned credits except achievement credits with Class 2 behavior
      3. maximum: life imprisonment
      4. ≤ $250,000 fine
      5. mandatory restitution to the victim
      6. no suspension, deferral or probation
      7. no earned credits except achievement credits with Class 2 behavior
    6. After 2 or more prior felony convictions124
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $250,000 fine
      4. mandatory restitution to the victim
      5. no suspension, deferral or probation
      6. no earned credits except achievement credits with Class 2 behavior

    14.32. discharging firearm at or into a dwelling or building used for public or business purposes

    OSMA24 Class B1, 21 O.S.Supp.2025 § 20F

    1. 1st, or unenhanced, offense125
      1. minimum: 2 years imprisonment
      2. maximum: 20 imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction126
      1. minimum: 4 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions127
      1. minimum: 6 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    References

    1. 21 O.S.2021, 701.9(A). Life imprisonment is currently calculated by DOC as equivalent to 45 years, of which 85% (38 years, 3 months) must be served before being eligible for consideration for parole or earned credits. 21 O.S.2021, § 13.1; Anderson v. St., 2006 OK CR 6 ↩︎
    2. For at least 20 years, guilt and sentence in a non-capital 1st degree murder were usually determined in a single stage trial. Murder 1 trials were bifurcated only in capital cases, or when joined for trial with other counts subject to enhancement. A 2013 statute, 21 O.S.2021, § 701.10-1, provides that when the DA alleges prior convictions on a charge of murder 1, the court must hold a sentencing trial to determine life or life without parole, giving the DA an opportunity to prove the prior convictions, unless both parties waive the jury, in which case sentencing is by the court. ↩︎
    3. 21 O.S.2021, § 701.9(A) ↩︎
    4. 21 O.S.2021, § 701.9(B). Whenever a crime is punishable by imprisonment in the penitentiary for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court may sentence the offender to life imprisonment or any term of years not less than the minimum prescribed. 21 O.S.2021, § 62.1 ↩︎
    5. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    6. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    7. The Legislature in “Lauria and Ashley’s Law” added accessory to first and second degree murder to the 85% Crimes list in 2025. O.S.L.2025, Ch. 18, HB 1001. ↩︎
    8. 21 O.S.Supp.2025, § 175 ↩︎
    9. 21 O.S.2021, § 51.1(A)(2) ↩︎
    10. 21 O.S.2021, § 51.1(C) ↩︎
    11. 21 O.S.Supp.2025, § 175 ↩︎
    12. 21 O.S.2021, § 51.1(A)(2) ↩︎
    13. 21 O.S.2021, § 51.1(C) ↩︎
    14. 21 O.S.2021, § 715 ↩︎
    15. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    16. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    17. 21 O.S.2021, § 651 ↩︎
    18. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    19. 21 O.S.2021, § 51.1(B); 57 O.S.20217 § 571(2) ↩︎
    20. 21 O.S.2021, § 652(A)  ↩︎
    21. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    22. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    23. 21 O.S.2021, § 652(B) ↩︎
    24. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    25. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    26. 21 O.S.2021, § 652(C). The crime of domestic assault and battery with a deadly weapon was defined at 21 O.S.Supp.2024, § 644(D)(2). Except for the domestic relation element, the crimes and punishments were identical. The purely domestic version was eliminated in the 2025 legislative session.  ↩︎
    27. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    28. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    29. 21 O.S.2021, § 653 ↩︎
    30. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    31. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    32. 21 O.S.2021, § 800 ↩︎
    33. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    34. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    35. 21 O.S.2021, § 801 ↩︎
    36. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    37. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    38. The Legislature established a specific penalty for 3rd armed robbery convictions within § 801, as recognized in Ellis v. St., 1988 OK CR 9 and Turner v. St., 1990 OK CR 79. General language in § 51.1(B) subjects a person with two or more prior non-801 felony convictions who commits an enumerated 57 O.S.2021, § 571 offense to a penalty range of 20 years to life imprisonment. Turner, 1990 OK CR 79 (recognizing mixture of 801 and non-801 priors allows enhancement of a new armed robbery properly under either § 801 or § 51.1) ↩︎
    39. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    40. 21 O.S.2021, § 798 ↩︎
    41. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    42. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    43. 21 O.S.2021, § 1115; 21 O.S.2021, § 51.1(B). Death remains a statutory punishment for 1st degree rape under current law, but the constitutionality of capital punishment for rape is doubtful in light of Coker v. Georgia, 433 U.S. 584 (1977)(finding death sentence for rape of adult woman cruel and unusual) and Kennedy v. Louisiana, 554 U.S. 407 (2008)(death penalty for brutal rape of child under 12 was cruel and unusual punishment), and therefore omitted from further analysis. ↩︎
    44. Post-imprisonment supervision is mandated by 22 O.S.2021, § 991a(A)(1)(f). ↩︎
    45. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2)(aa). The punishment for 1st degree rape after 1 regular felony (non-rape) conviction derives its 10 year minimum from § 51.1(A)(1), but retains the life without parole maximum from § 1115 rather than reducing the maximum to life. Prosecutors would likely forego an “enhancement” where an habitual offender who commits rape would face a lower maximum punishment than a rapist with no prior convictions. ↩︎
    46. Under 21 O.S.2021, § 1115, any person convicted of “a third or subsequent violation” of 1st degree rape, forcible sodomy, lewd molestation, or child sexual abuse is punishable by imprisonment for life or life without parole. Reading the phrase “second or subsequent” or “third or subsequent” here to mean serial violation of the same statutes would conflict with the mandatory life without parole for most repeat sex crimes in 21 O.S.2021 § 51.1a. However, when these phrases are interpreted in the rape, forcible sodomy, and lewd or indecent proposals statutes to mean a crime committed after one, two, or more regular felony convictions, the penalties reflect a consistent Legislative intent to impose greater punishment for convicted felons who later commit violent sex crimes than for other violent crimes. ↩︎
    47. 21 O.S.2021, § 51.1a ↩︎
    48. 21 O.S.2021, § 843.5(K). Capital punishment for a non-homicidal sex crime is almost surely unconstitutional in light of Kennedy v. Louisiana, 554 U.S. 407 (2008), in which the Supreme Court held the death penalty for the brutal rape of a child under 12 was cruel and unusual punishment. Whether a majority current (2025) Supreme Court would uphold the categorical ban of Kennedy is an open question. ↩︎
    49. 21 O.S.2021, § 1401 ↩︎
    50. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    51. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    52. 21 O.S.2021, § 1767.1 ↩︎
    53. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    54. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    55. 21 O.S.2021, § 1767.1 ↩︎
    56. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    57. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    58. 21 O.S.2021, § 843.5(A); 57 O.S.2021, § 571(2). Any crime against a child in 21 O.S., § 843.5 is an 85% crime. This includes child abuse, child neglect, child sexual abuse, child sexual exploitation, and enabling any of these crimes to occur. 21 O.S.2021, § 13.1(14).  ↩︎
    59. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    60. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    61. 21 O.S.2021, § 843.5(E) ↩︎
    62. 21 O.S.2021, § 843.5(E); 22 O.S.2021, § 991a(A)(1)(f) ↩︎
    63. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2). Child sexual abuse is “child abuse” and a violent crime under 57 O.S.2021, § 571(2). Jones v. St., 2011 OK CR 13.  ↩︎
    64. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    65. 21 O.S.2021, § 843.5(F) ↩︎
    66. 21 O.S.2021, § 843.5(E), where it refers directly to the mandatory life without parole penalty in 21 O.S.2021, § 51.1a ↩︎
    67. 21 O.S.2021, § 843.5(C) ↩︎
    68. 21 O.S.2021, § 51.1(A)(2). Child neglect is an 85% crime, but not a violent offense under 57 O.S.2021, § 571 for enhancement purposes under § 51.1. Lewallen v. St., 2016 OK CR 4  ↩︎
    69. 21 O.S.2021, § 51.1(C) ↩︎
    70. Including but not limited to allowing, permitting, or encouraging a child under 18 to engage in prostitution or allowing, permitting, encouraging or engaging in the lewd, obscene or pornographic photographing, filming, or depicting of a child under 18 by another. 21 O.S.2021, § 843.5(H) ↩︎
    71. “Child sexual exploitation” is enhanced here as a violent offense under § 571(A)(2) under §s 51.1(A)(1) and (B), because “abuse,” as defined in 10A, § 1-1-105(2), includes “sexual exploitation.” ↩︎
    72. 21 O.S.2021, § 51.1(B) ↩︎
    73. 21 O.S.2021, § 843.5(I) ↩︎
    74. The statutes define “enabling” as causing, procuring or permitting acts of physical or sexual abuse, neglect, or exploitation by another. “Permit” means to authorize or allow for the care of a child by an individual, knowing or when one should reasonably know, that the child will be placed at risk of abuse. 21 O.S.2021, § 843.5 (B), (G), (J) ↩︎
    75. 21 O.S.2021, § 51.1(A)(1). A defendant might argue that enabling acts of child abuse, sexual abuse or exploitation is not enhanced within § 51.1(A)(1), because enabling is not “child abuse” within the meaning of § 571(2). Under 10A O.S.2021, § 1-1-105(2), “abuse” means harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child by a person responsible for the child’s health, safety, or welfare, including but not limited to non-accidental physical or mental injury, sexual abuse, or sexual exploitation. The definition suggests that acts of enabling are abuse, no less than aiding or abetting the commission of the crime as a principal, rather than a distinct offense. The better view seems to be that the same violent crime enhancement should apply. Gilson v. St., 2000 OK CR 14 (commission of child abuse and permitting child abuse were simply alternative means of committing first degree murder by child abuse rather than distinct offenses). ↩︎
    76. 21 O.S.2021, § 51.1(B) ↩︎
    77. To enable is to cause, procure or permit willful or malicious child neglect, which is the failure to provide adequate nurturing and affection, food, clothing, shelter, sanitation, hygiene, education, medical care, special needs, or to fail to protect from exposure to illegal drugs or activities, inappropriate sexual acts or content, or abandonment. “Permit” means to authorize or allow for the care of a child by an individual when the person knows or reasonably should know that the child will be placed at risk of neglect as proscribed by this subsection. 21 O.S.2021, § 843.5 (D) ↩︎
    78. 21 O.S.2021, § 51.1(A)(3). Enabling child neglect is not a violent offense under 57 O.S.2021, § 571(2). Lewallen v. St., 2016 OK CR 4 ↩︎
    79. 21 O.S.2021, § 51.1(C) ↩︎
    80. 21 O.S.2021, § 888; 22 O.S.2021, § 991a(A)(1)(f) ↩︎
    81. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    82. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    83. 21 O.S.2021, § 888. Where a once-convicted felon commits forcible sodomy on a victim under 16 (which the statute somewhat confusingly refers to as a “second violation of this section,”) the punishment derives from § 51.1(A)(1) and is 10 years to life, with eligibility for probation, suspended, or deferred sentence prohibited in the text of § 888. Section 888 does not literally mean a second crime of forcible sodomy, which is punished with mandatory life without parole in § 51.1a of Title 21. When § 888 punishes a “third or subsequent violation of this section” against a victim under 16 with life or life without parole, it seems properly understood as forcible sodomy after conviction of two or more felonies other than the sex crimes enumerated in § 51.1a. Enhancement in Section 888 itself then follows the general legislative policy of a penalty more severe than the 20 years to life normally provided for violent, third felony convictions under 21 O.S.2021, § 51.1(B) and 57 O.S.2021, § 571.  ↩︎
    84. See footnote 83 above; 21 O.S.2021, § 888;  ↩︎
    85. 21 O.S.2021, § 51.1a ↩︎
    86. 21 O.S.2021, § 843.5(K). Death is almost certainly an unconstitutional penalty under Kennedy v. Louisiana, 554 U.S. 407 (2008). ↩︎
    87. Child pornography crimes under 21 O.S., § § 1021.2, 1021.3, 1024.2,1040.12a, are subject to sex offender registration by operation of 57 O.S.2021, § 582(A)-(C), and by virtue of this registration requirement are also ineligible for deferred judgment under 22 O.S.2021, § 991c(G). ↩︎
    88. 21 O.S.2021, §§ 51.1(A)(1); 21 O.S.2021, § 1021.2(A). Child pornography and aggravated child pornography violations of 21 O.S.2021, §§ 1021.2, 1021.3, 1024.2, and 1040.12 of Title 21, are violent crimes under 57 O.S.2021, § 571(2). ↩︎
    89. 21 O.S.2021, §§ 51.1(B) ; 1021.2(A); 22 O.S.2021, § 991a(A)(1)(f) ↩︎
    90. 21 O.S.2021, § 1024.2 ↩︎
    91. 21 O.S.2021, §§ 51.1(A)(1) ; 1021.2(A); 22 O.S.2021, § 991a(A)(1)(f) ↩︎
    92. 21 O.S.2021, §§ 51.1 (B) ; 1024.2; 22 O.S.2021, § 991a(A)(1)(f) ↩︎
    93. 21 O.S.2021, § 1031(C) ↩︎
    94. 21 O.S.2021, §§ 51.1 (A)(1); 1031(C) ↩︎
    95. 21 O.S.2021, §§ 51.1(B); 1031(C); 57 O.S.2021, § 571(2) ↩︎
    96. 21 O.S.Supp.2022, § 1123. Section 1123 defines several offenses, not all of which can be properly understood as “lewd molestation,” because of various penalty enhancements provided within § 1123 and other statutes. This book consistently treats the operation of section 51.1a as significant to sentencing for other repeat sex crimes (rape, sodomy, lewd molestation, child sexual abuse) and sex crimes committed by persons with prior felony convictions. ↩︎
    97. 22 O.S.2021, § 991a(A)(1)(f) ↩︎
    98. 21 O.S.2021, § 51.1(A)(1) ↩︎
    99. 21 O.S.2021, §§ 1123(A), punishable as a “third or subsequent” violation of section 1123(A), meaning a lewd proposal which is not subject to mandatory life without parole under section 51.1a; punishment is not less than 20 years under 21 O.S.2021, § 51.1(B). See Throneberry v. St., No. 2017-963 (Lewis, P.J., specially concurring) (Okl.Cr., Jan. 16, 2020)(unpublished)(offering interpretation of the various penalty clauses of section 1123(A) and their enhancements); 57 O.S.2021, § 571(2) ↩︎
    100. 21 O.S.Supp.2025, § 1123, as amended in Version 2, SB 599, O.S.L.2025, Ch. 281, § 2,(eff. November 1, 2025), reduced the ≥ 25-year mandatory minimum for victims of lewd acts under age 12 to ≥ 10 years imprisonment.
      ↩︎
    101. 21 O.S.2021, § 843.5(K). Capital punishment for lewd molestation almost certainly violates the 8th Amendment. Kennedy v. Louisiana, 554 U.S. 407 (2008) ↩︎
    102. Previous editions of this book treated lewd or indecent proposals as a non-85% crime based on a sentencing distinction between lewd “molestation” in 21 O.S.2021, § 51.1a and the remaining enhanced penalties in section 1123(A), which seem directed to lewd or indecent proposals or enticements. In Detar v. St., 2021 OK CR 9, the Court rejected this theory in part, holding that both lewd or indecent acts and proposals are crimes of lewd molestation within the meaning of the 85% Rule of 21 O.S.2021, § 13.1. Detar does not settle whether lewd proposals are “lewd molestation” for purposes of the mandatory life without parole for repeat crimes of lewd molestation in section 51.1a of Title 21. If all crimes under section 1123(A) are lewd molestation, the enhanced penalties for second and third or subsequent violations of this section shown below are superfluous, as all such repeat crimes would carry a mandatory life without parole. I have maintained the distinction here between these crimes for repeat offenses, allowing lewd or indecent proposals to be enhanced under section 1123(A). See Detar, 2021 OK CR 9 (Lewis, J., concur in part, dissent in part)(explaining interpretation of sections 13.1, 51.1, 51.1a, and 1123(A). See also, Throneberry v. St., No. 2017-963 (Lewis, P.J., specially concurring) (Okl.Cr., Jan. 16, 2020)(unpublished)(interpreting the enhanced penalty clauses of section 1123(A)); 57 O.S.2021, § 571(2). To complicate matters a little further, the Detar decision was later withdrawn for consideration of a McGirt issue. Detar v. St., 2021 OK CR 34. The precise meaning of these complicated sentencing provisions remains unresolved. ↩︎
    103. 21 O.S.2021, §§ 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    104. 21 O.S.2021, §§ 1123(A), punishable as a “third or subsequent” violation of section 1123(A), meaning a lewd proposal which is not subject to mandatory life without parole under section 51.1a; this is a greater punishment than the 20 year minimum for a violent third felony conviction under 21 O.S.2021, § 51.1(B). See Throneberry v. St., No. 2017-963 (Lewis, P.J., specially concurring) (Okl.Cr., Jan. 16, 2020)(unpublished)(offering interpretation of the various penalty clauses of section 1123(A) and their enhancements); 57 O.S.2021, § 571(2) ↩︎
    105. 21 O.S.Supp.2022, § 1123(A); See Throneberry v. St., No. 2017-963 (Lewis, P.J., specially concurring) (Okl.Cr., Jan. 16, 2020)(unpublished)(offering interpretation of the various penalty clauses of section 1123(A) and their enhancements). ↩︎
    106. 21 O.S.2021, § 843.1(A), (B)(1) ↩︎
    107. 21 O.S.2021, §§ 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    108. 21 O.S.2021, §§ 51.1(B); 57 O.S.2021, § 571(2). The statute makes reference to enhancements for elderly or incapacitated victims, but the applicable prison terms are the same. The other relevant protections for elderly or incapacitated victims pertain to restitution and a mandatory thirty days of jail time. ↩︎
    109. 21 O.S.2021, § 843.1(B)(2) ↩︎
    110. 21 O.S.2021, §§ 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    111. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    112. Knowing possession of 100 or more separate materials depicting child pornography. 21 O.S.2021, § 1040.12(A). Essentially an aggravated version of the crime defined at 21 O.S.2021, § 1024.2. Aggravated possession of child pornography is an 85% crime, 21 O.S.2021, § 13.1(16), recently added to the violent crimes list subject to enhancement under 21 O.S.2021, § 51.1(A)(1) and (B), codified at 57 O.S.2021,§ 571(2). ↩︎
    113. 21 O.S.2021, § 1040.12(A) ↩︎
    114. 21 O.S.2021, § 51.1(B); 57 O.S.2021, § 571(2) ↩︎
    115. 21 O.S.2021, § 991c(G)(by virtue of the sex offender registration requirement for this crime) ↩︎
    116. 21 O.S.2021, § 647.  becomes aggravated when great bodily injury is inflicted, or when committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated, as defined in 21 O.S.2021, § 641. Great bodily injury means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death. 21 O.S.2021, § 646  ↩︎
    117. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2) ↩︎
    118. 21 O.S.2021, § 51.1(B) ↩︎
    119. 21 O.S.Supp.2022, § 748; 57 O.S.2021, § 138 ↩︎
    120. 21 O.S.2021, § 51.1(A)(2) ↩︎
    121. 21 O.S.2021, § 51.1(C) ↩︎
    122. 21 O.S.Supp.2025, § 748 ↩︎
    123. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2), disregarding the lower ten-year minimum punishment given under section 51.1(A)(1) as contrary to the Legislature’s apparent intent. ↩︎
    124. 21 O.S.2021, § 51.1(B) ↩︎
    125. 21 O.S.Supp.2025, § 1289.17A ↩︎
    126. 21 O.S.2021, § 51.1(A)(2) ↩︎
    127. 21 O.S.2021, § 51.1(C) ↩︎