Sentencing in Oklahoma 9th Edition

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    Sentencing Modernization Act “Whiplash” Exceptions

    The following crimes, though classified by the Sentencing Modernization Act, are currently exempt from the punishments of crimes of that class provided in the Sentencing Modernization Act or exempt from enhanced punishments provided in the Sentencing Modernization Act and are punishable under the enhancements provided in Section 51.1 of Title 21, i.e. the traditional “Habitual Offender Act.” I call these the “Whiplash” Exceptions, crimes deemed proper to include in the lower sentencing reform classes (C or D), but either not punished as others in that class, or not subject to OSMA24 enhancement but rather traditional 51.1 enhancement. The good news is that most of these offenses are rarely prosecuted; courts and counsel will not be regularly called upon to sort out the implications.

    Class C1 Exceptions

    1. Offenses in paragraphs 15 and 18 of subsection A are exempt from the general C1 penalty provisions and shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes including Section 51.1 of the Oklahoma Statutes.
    2. The offense in paragraph 19 of subsection A is exempt from the general C1 penalty provision for a first offense and shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes including Section 51.1 of the Oklahoma Statutes. The enhancement provisions for C1 offenses apply when the prior convictions correspond to subsection C of this section.

    The specific offenses within these exceptions are as follows (offenses in bold face are studied elsewhere in this book):

    1. Paragraph 15 of subsection A of 21 O.S.Supp.2025, § 20L: Using or soliciting the use of services of a minor to distribute, dispense, transport, or cultivate a controlled dangerous substance, as provided for in subsection E of Section 2-401 of Title 63 of the Oklahoma Statutes.
    2. Paragraph 18 of subsection A of 21 O.S.Supp.2025, § 20L: Employing, hiring, or using a minor to transport, carry, sell, give away, prepare for sale, or peddle any controlled dangerous substance, as provided for in subsection A of Section 2-419.1 of Title 63 of the Oklahoma Statutes.
    3. Paragraph 19 of subsection A of 21 O.S.Supp.2025, § 20L: Employing, hiring, or using a minor to transport, carry, sell, give away, prepare for sale, or peddle any controlled dangerous substance subsequent to a previous conviction of the same, as provided for in subsection C of Section 2-419.1 of Title 63 of the Oklahoma Statutes.

    Class C2 Exceptions

    1. C2 offenses are not generally punishable by habitual offender enhancements under section 51.1 of Title 21, with the following exceptions:
    2. Offenses in paragraphs 1, 2, 52, 53, 54, 55, 63, 65, 67, 68, 76, and 77 of subsection A are exempt from the general C2 penalty provisions and shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes including Section 51.1 of the Oklahoma Statutes.[3]
    3. The offense in paragraph 64 of subsection A is exempt from the general C2 penalty provision and shall be punished in accordance with the corresponding penalties as provided for in the Oklahoma Statutes including Section 51.1 of the Oklahoma Statutes. The enhancement provisions for C2 offenses apply when the prior convictions correspond to subsection C of this section.[4]

    The specific offenses within the exceptions above are as follows (offenses in bold face are studied elsewhere in this book):

    1. Paragraph 1 of subsection A of 21 O.S.Supp.2025, § 20M: Branding, misbranding, marking, or mismarking any domestic animal with intent to defraud, as provided for in Section 268 of Title 4 of the Oklahoma Statutes.
    2. Paragraph 2 of subsection A of 21 O.S.Supp.2025, § 20M: Injuring, destroying, or attempting to injure or destroy any pipeline transportation system, as provided for in subsection C of Section 6.1 of Title 17 of the Oklahoma Statutes.
    3. Paragraph 52 of subsection A of 21 O.S.Supp.2025, § 20M: Instigating or encouraging any fight between dogs, as provided for in Section 1694 of Title 21 of the Oklahoma Statutes.
    4. Paragraph 53 of subsection A of 21 O.S.Supp.2025, § 20M: Keeping a house, pit, or other place, or providing any equipment or facilities to be used for any fight between dogs, as provided for in Section 1695 of Title 21 of the Oklahoma Statutes.
    5. Paragraph 54 of subsection A of 21 O.S.Supp.2025, § 20M: Acting or performing any service in the furtherance of or facilitating any dogfight, as provided for in Section 1696 of Title 21 of the Oklahoma Statutes;
    6. Paragraph 55 of subsection A of 21 O.S.Supp.2025, § 20M: Owning, possessing, keeping, or training any dog with intent to have such dog fight another dog, as provided for in Section 1697 of Title 21 of the Oklahoma Statutes.
    7. Paragraph 63 of subsection A of 21 O.S.Supp.2025, § 20M: Larceny of livestock or implement of husbandry, as provided for in subsection A of Section 1716 of Title 21 of the Oklahoma Statutes. 
    8. Paragraph 64 of subsection A of 21 O.S.Supp.2025, § 20M: Larceny of a dog, as provided for in Section 1718 of Title 21 of the Oklahoma Statutes.
    9. Paragraph 67 of subsection A of 21 O.S.Supp.2025, § 20M: Tapping or drilling into a pipeline, as provided for in Section 1721 of Title 21 of the Oklahoma Statutes.
    10. Paragraph 68 of subsection A of 21 O.S.Supp.2025, § 20M: Taking any crude oil or gasoline from any pipe, pipeline, tank, tank car, or other receptacle or container and the value of such product is One Thousand Dollars ($1,000.00) or more, as provided for in paragraph 2 of Section 1722 of Title 21 of the Oklahoma Statutes.
    11. Paragraph 76 of subsection A of 21 O.S.Supp.2025, § 20M: Violating any of the provisions of the Oklahoma Clean Air Act knowing that the violation places others in danger of death or serious bodily injury, as provided for in subsection B of Section 2-5-116 of Title 27A of the Oklahoma Statutes;
    12. Paragraph 77 of subsection A of 21 O.S.Supp.2025, § 20M: Violating any of the provisions of the Oklahoma Pollutant Discharge Elimination System Act knowing that the violation places others in imminent danger of death or serious bodily injury, as provided for in subparagraph a of paragraph 3 of subsection G of Section 2-6-206 of Title 27A of the Oklahoma Statutes.

    Class D1 Exceptions

    1. D1 offenses are not generally punishable by habitual offender enhancements under section 51.1 of Title 21, with the following exceptions:
    2. Offenses in paragraphs 98, 108, 212, 213, and 229 of subsection A of this section are exempt from the general D1 penalty provisions and shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes including Section 51.1 of the Oklahoma Statutes.[5]

    The specific offenses within the exceptions above are as follows:

    1. Paragraph 98 of subsection A of 21 O.S.Supp.2025, § 20N: Adultery, as provided for in Section 871 of Title 21 of the Oklahoma Statutes.
    2. Paragraph 108 of subsection A of 21 O.S.Supp.2025, § 20N: 108. Interactive computer service provider failing to remove child pornography, third or subsequent offense, as provided for in Section 1040.80 of Title 21 of the Oklahoma Statutes.
    3. Paragraph 212 of subsection A of 21 O.S.Supp.2025, § 20N: 212. Protective order violation resulting in physical injury, as provided for in subsection B of Section 60.6 of Title 22 of the Oklahoma Statutes.
    4. Paragraph 213 of subsection A of 21 O.S.Supp.2025, § 20N: Disposal of seized liquor by officer, as provided for in Section 1263 of Title 22 of the Oklahoma Statutes.
    5. Paragraph 229 of subsection A of 21 O.S.Supp.2025, § 20N: Falsely state information to the Department of Environmental Quality, as provided for in Section 2-7-109 of Title 27A of the Oklahoma Statutes.

    Class D2 Exceptions

    1. Offenses in paragraphs 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 of of subsection A of this section are exempt from the general D2 penalty provisions and shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes including Section 51.1 of the Oklahoma Statutes.[6]
    2. Offenses in paragraphs 2, 4, 5, and 6 of subsection A of this section are exempt from the general D2 penalty provisions and shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes including Section 51.1 of the Oklahoma Statutes. The enhancement provisions for C2 offenses apply when the prior convictions correspond to subsection C of this section.[7]

    The specific offenses within the exceptions above are as follows:

    1. Paragraph 2 of subsection A of 21 O.S.Supp.2025, § 20O: Attempt to escape from prison, not a penitentiary, as provided for in Section 436 of Title 21 of the Oklahoma Statutes.
    2. Paragraph 4 of subsection A of 21 O.S.Supp.2025, § 20O. 4. Aggravated assault and battery upon medical care provider, as provided for in Section 650.5 of Title 21 of the Oklahoma Statutes.
    3. Paragraph 5 of subsection A of 21 O.S.Supp.2025, § 20O: 5. Omitting to provide for a child, as provided for in Section 852 of Title 21 of the Oklahoma Statutes.
    4. Paragraph 6 of subsection A of 21 O.S.Supp.2025, § 20O: 6. Harboring an endangered runaway child, second or subsequent offense, as provided for in Section 856.2 of Title 21 of the Oklahoma Statutes.
    5. Paragraph 7 of subsection A of 21 O.S.Supp.2025, § 20O: Discharging a stun gun, tear gas, mace, or other agent against officer, as provided for in Section 1272.3 of Title 21 of the Oklahoma Statutes.
    6. Paragraph 10 of subsection A of 21 O.S.Supp.2025, § 20O: 10. Abortion without license, as provided for in Section 1-731 of Title 63 of the Oklahoma Statutes.
    7. Paragraph 11 of subsection A of 21 O.S.Supp.2025, § 20O: Abortion after first trimester, as provided for in Section 1-731 of Title 63 of the Oklahoma Statutes.
    8. Paragraph 12 of subsection A of 21 O.S.Supp.2025, § 20O: Self-induced abortion, as provided for in Section 1-733 of Title 63 of the Oklahoma Statutes.
    9. Paragraph 13 of subsection A of 21 O.S.Supp.2025, § 20O: Violate Oklahoma Unborn Child Protection from Dismemberment Abortion Act, as provided for in Section 1-737.9 of Title 63 of the Oklahoma Statutes.
    10. Paragraph 14 of subsection A of 21 O.S.Supp.2025, § 20O: Violation of Unborn Child Pain Awareness/Prevention Act, as provided for in Section 1-738.14 of Title 63 of the Oklahoma Statutes.
    11. Paragraph 15 of subsection A of 21 O.S.Supp.2025, § 20O: Knowingly perform abortion on unemancipated minor, as provided for in Section 1-740.4b of Title 63 of the Oklahoma Statutes.
    12. Paragraph 16 of subsection A of 21 O.S.Supp.2025, § 20O: Make fraudulent statement to obtain abortion for a minor, as provided for in Section 1-740.4b of Title 63 of the Oklahoma Statutes.
    13. Paragraph 17 of subsection A of 21 O.S.Supp.2025, § 20O: Violation of the Pain-Capable Unborn Child Protection Act, as provided for in Section 1-745.7 of Title 63 of the Oklahoma Statutes.
    14. Paragraph 18 of subsection A of 21 O.S.Supp.2025, § 20O: 18. Violation of the Heartbeat Informed Consent Act, as provided for in Section 1-746.7 of Title 63 of the Oklahoma Statutes.
    15. Paragraph 19 of subsection A of 21 O.S.Supp.2025, § 20O: 19. Abortion on minor less than fourteen (14) years of age or failure to submit tissue, as provided for in Section 1-749 of Title 63 of the Oklahoma Statutes.

    Class D3 Exceptions

    1. Offenses in paragraphs 69, 124, 127, and 177 of subsection A of this section are exempt from the general D2 penalty provisions and shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes including Section 51.1 of the Oklahoma Statutes.[8]

    The specific offenses within the exceptions above are as follows:

    1. Paragraph 69 of subsection A of 21 O.S.Supp.2025, § 20P:  Aiding attempted suicide, as provided for in Section 815 of Title 21 of the Oklahoma Statutes.
    2. Paragraph 124 of subsection A of 21 O.S.Supp.2025, § 20P: Injuring pipes or wire, as provided for in Section 1786 of Title 21 of the Oklahoma Statutes.
    3. Paragraph 127 of subsection A of 21 O.S.Supp.2025, § 20P: Trespass and damage to critical infrastructure facility, as provided for in subsection B of Section 1792 of Title 21 of the Oklahoma Statutes.
    4. Paragraph 177 of subsection A of 21 O.S.Supp.2025, § 20P: Intentional, knowing, or reckless violation of provision by fraudulent use of an abortion-inducing drug, as provided for in Section 1-757.10 of Title 63 of the Oklahoma Statutes.