Sentencing in Oklahoma 9th Edition

A sentencing resource for attorneys and judges

recent posts

    about

    Chapter 16. Homicide

    16.1 solicitation of 1st degree murder1

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

    1. 1st, or unenhanced, offense2
      1. minimum: 5 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction3
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions4
      1. minimum: 20 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    16.2 accessory to 1st degree murder

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

    1. 1st, or unenhanced offense5
      1. minimum: 5 years imprisonment
      2. maximum: 45 years imprisonment
      3. ≤ $10,000 fine
    2. After 1 prior felony conviction6
      1. minimum: 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 prior felony convictions7
      1. minimum: 15 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    16.3 accessory to 2nd degree murder

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

    1. 1st, or unenhanced offense8
      1. minimum: 5 years imprisonment
      2. maximum: 25 years 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 prior felony convictions10
      1. minimum: 15 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine

    16.4 1st degree murder

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

    1. 1st, or unenhanced, offense11
      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 felonies12
      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 duties13
      1. minimum: life without parole, and absent overwhelming mitigating evidence, defendant shall not be afforded the benefit of imprisonment for life, or a deferred sentence
      2. maximum: death
      3. ≤ $10,000 fine

    16.5 2nd degree murder

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

    1. 1st, or unenhanced, offense14
      1. minimum: 10 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

    16.6 1st degree manslaughter, including an intoxicated physician who causes death

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

    1. 1st, or unenhanced, offense17
      1. minimum: 4 years imprisonment
      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

    16.7 2nd degree manslaughter, including owner of vicious dog that causes death of a human

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

    1. 1st, or unenhanced, offense20
      1. imprisonment in DOC: 2-4 years
      2. or imprisonment in jail: ≤ 1 year
      3. or ≤ $1,000 fine
      4. or both fine and imprisonment
    2. After 1 prior felony conviction21
      1. 10 years imprisonment
      2. maximum: life imprisonment
      3. ≤ $10,000 fine
    3. After 2 or more prior felony convictions22
      • minimum: 20 years imprisonment
      • maximum: life imprisonment
      • ≤ $10,000 fine

    16.8 negligent homicide (misdemeanor)

    1. 1st, or unenhanced, offense23
      • ≤ 1 year in jail
      • or ≤ $1,000.00 fine
      • or both fine and imprisonment
      • a driving course, 47 O.S.2021, § 6-206.1
      • revocation of driving license or operating privilege 
    2. After prior traffic conviction in 3 preceding years24
      • ≤ 1 year in jail
      • or ≤ $2,000.00 fine
      • or both fine and imprisonment
      • a driving course per 47 O.S.2021, § 6-206.1
      • revocation of driving license or operating privilege

    References

    1. Solicitation of 1st degree murder is itself punishable as 1st degree murder when the solicitation is in furtherance of unlawful manufacture, distribution, dispensing, or possessing with intent to distribute or dispense controlled drugs, or trafficking in illegal drugs. See 21 O.S.2021, §§ 701.16 (providing penalty “except as provided in Section 701.7,” i.e., where solicitation is defined as murder in section 701.7(D)). ↩︎
    2. 21 O.S.2021, § 701.16 ↩︎
    3. 21 O.S.2021, § 51.1(A)(1); 57 O.S.2021, § 571(2)(because murder is a violent 571 offense, solicitation of murder is also a 571 offense under the first clause of § 571) ↩︎
    4. 21 O.S.2021, § 51.1(B) ↩︎
    5. 21 O.S.2021, § 178(5) ↩︎
    6. 21 O.S.2021, § 51.1(A)(2) ↩︎
    7. 21 O.S.2021, § 51.1(C) ↩︎
    8. 21 O.S.2021, § 178(5) ↩︎
    9. 21 O.S.2021, § 51.1(A)(2) ↩︎
    10. 21 O.S.2021, § 51.1(C) ↩︎
    11. 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 ↩︎
    12. 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 the prior convictions, unless both parties waive the jury, in which case sentencing is by the court. ↩︎
    13. 21 O.S.2021, § 701.9(A) ↩︎
    14. 21 O.S.2021, § 701.9(B) ↩︎
    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, § 715. The statute provides “not less than four years.” Such a sentence carries a maximum of “natural life,” or “any number of years not less than such as are prescribed.” 21 O.S.2021, § 62.1. DOC treats any term of years in excess of 45 as a life sentence for purposes of calculating eligibility for parole. ↩︎
    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.2021, § 571(2) ↩︎
    20. 21 O.S.2021, §§ 716-717 ↩︎
    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. 47 O.S.2021, § 11-903(B), (C) ↩︎
    24. 47 O.S.2021, § 11-903(B), (C) ↩︎