Sentencing in Oklahoma 9th Edition

8.1 1st degree arson ¹

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

1. 1st, or unenhanced, offense
   1. ≤ 35 years imprisonment
   2. ≤ $25,000
   3. or both fine and imprisonment
2. After 1 prior felony conviction
   1. minimum: 10 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $25,000 fine
3. After 2 or more prior felony convictions
   1. minimum: 20 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $25,000 fine

8.2 2nd degree arson²

OSMA24 Class B2, 21 O.S.Supp.2024 § 20G

1. 1st, or unenhanced, offense
   1. ≤ 25 years imprisonment
   2. ≤ $20,000
   3. or both fine and imprisonment
2. After 1 prior felony conviction
   1. minimum: 2 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $20,000 fine
3. After 2 or more prior felony convictions
   1. minimum: 4 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $20,000 fine

8.3 3rd degree arson³ 

OSMA24 Class C1, 21 O.S.Supp.2024 § 20L (Click for reference)

1. 1st, or unenhanced, offense
   1. ≤ 15 years imprisonment
   2. ≤ $10,000
   3. or both fine and imprisonment
2. After 1 prior felony conviction
   1. minimum: 2 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $10,000 fine
3. After 2 or more prior felony convictions
   1. minimum: 4 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $10,000 fine

8.4 4th degree arson⁴ 

OSMA24 Class C2, 21 O.S.Supp.2024 § 20M

1. 1st, or unenhanced, offense
   1. ≤ 10 years imprisonment
   2. ≤ $5,000
   3. or both fine and imprisonment
2. After 1 prior felony conviction
   1. minimum: 2 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $5,000 fine
3. After 2 or more prior felony convictions
   1. minimum: 4 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $5,000 fine

8.5 endangering life in commission of arson⁵ 

OSMA24 Class B4, 21 O.S.Supp.2024 § 20I

1. 1st, or unenhanced, offense
   1. 3-10 years imprisonment
   2. or ≤ $10,000 fine
   3. or both fine and imprisonment
2. After 1 prior felony conviction
   1. minimum: 6 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $10,000 fine
3. After 2 or more prior felony convictions
   1. minimum: 9 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $10,000 fine
4. Resulting in personal injury
   1. minimum: 7 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $10,000 fine
5. After 1 prior felony conviction
   1. minimum: 14 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $10,000 fine
6. After 2 or more prior felony convictions
   1. minimum: 21 years imprisonment
   2. maximum: life imprisonment
   3. ≤ $10,000 fine

1. 21 O.S.2021, § 1401; enhanced by 21 O.S.2021, § 51.1(A)(1) and 57 O.S.2021, § 571(2)(violent offense). Throughout this site, enhancements for sentencing after 1 former felony conviction and 2 or more former felony convictions will be pursuant to the Habitual Offender Act, 51 O.S.2021,§ 51.1, or the Oklahoma Sentencing Modernization Act of 2024 (OSMA24) as applicable. Other statutory enhancements will be specifically noted when they apply. A complete description of the Habitual Offender Act is found in Chapter 7, “The 85% Rule and Habitual Offenders” and will not be set forth in each chapter.   ↩︎
2. 21 O.S.2021, § 1402 ↩︎
3. 21 O.S.2021, § 1403 ↩︎
4. 21 O.S.2021, § 1404 ↩︎
5. 21 O.S.2021, § 1405. Though a minimum sentence of confinement is optional, I have treated such “optional minimums” as the minimum sentence throughout this work in calculating enhanced sentences based on the minimum term of confinement, as directed in 21 O.S.2021, §§ 51.1(A)(2) and (C). ↩︎