Sentencing in Oklahoma 9th Edition

Class C1

Class C1 crimes are punishable as follows:

1. A first or unenhanced offense
   1. ≤ 8 years imprisonment and corresponding fines
   2. Service of at least 25% of the sentence before release from custody including release to electronic monitoring
2. After former conviction of one or two Class C or Class D offenses
   1. Minimum: 2 years imprisonment
   2. Maximum 12 years imprisonment
   3. Serve at least 25% of the sentence before release including release to electronic monitoring
   4. Fine provided by current law
3. After former conviction of three Class C or Class D offenses, or one or more Class Y, Class A, or Class B offenses
   1. Minimum: 2 years imprisonment
   2. Maximum 30 years imprisonment
   3. Serve at least 50% of the sentence before release including release to electronic monitoring
   4. Fine provided by current law
4. C1 offenses are not generally punishable by habitual offender enhancements under section 51.1 of Title 21, with the following exceptions:
5. 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.^[1]
6. 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.^[2]

Class C2

Class C2 crimes are punishable as follows:

1. A first or unenhanced offense
   1. ≤ 7 years imprisonment and corresponding fines
   2. Service of at least 20% of the sentence before release from custody including release to electronic monitoring
2. After former conviction of one or two Class C or Class D offenses
   1. Minimum: 2 years imprisonment
   2. Maximum 10 years imprisonment
   3. Serve at least 20% of the sentence before release including release to electronic monitoring
   4. Fine provided by current law
3. After former conviction of three Class C or Class D offenses, or one or more Class Y, Class A, or Class B offenses
   1. Minimum: 2 years imprisonment
   2. Maximum 12 years imprisonment
   3. Serve at least 40% of the sentence before release including release to electronic monitoring
   4. Fine provided by current law
4. C2 offenses are not generally punishable by habitual offender enhancements under section 51.1 of Title 21, with the following exceptions:
5. 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]
6. 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]

Class D1

Class D1 crimes are punishable as follows:

1. A first or unenhanced offense
   1. ≤ 5 years imprisonment and corresponding fines and service of at least 20% of the sentence before release from custody including release to electronic monitoring
2. After former conviction of one or two Class C or Class D offenses
   1. Minimum: 1 years imprisonment
   2. Maximum 7 years imprisonment
   3. Serve at least 20% of the sentence before release including release to electronic monitoring
   4. Fine provided by current law
3. After former conviction of three Class C or Class D offenses, or one or more Class Y, Class A, or Class B offenses
   1. Minimum: 2 years imprisonment
   2. Maximum 10 years imprisonment
   3. Serve at least 30% of the sentence before release including release to electronic monitoring
   4. Fine provided by current law
4. D1 offenses are not generally punishable by habitual offender enhancements under section 51.1 of Title 21, with the following exceptions:
5. 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]

Class D2

Class D2 crimes are punishable as follows:

1. A first or unenhanced offense
   1. ≤ 5 years imprisonment and corresponding fines and service of at least 20% of the sentence before release from custody including release to electronic monitoring
2. After former conviction of one or two Class C or Class D offenses
   1. Minimum: 1 years imprisonment
   2. Maximum 7 years imprisonment
   3. Serve at least 20% of the sentence before release including release to electronic monitoring
   4. Fine provided by current law
3. After former conviction of three Class C or Class D offenses, or one or more Class Y, Class A, or Class B offenses
   1. Minimum: 2 years imprisonment
   2. Maximum 10 years imprisonment
   3. Serve at least 30% of the sentence before release including release to electronic monitoring
   4. Fine provided by current law
4. D2 offenses are not generally punishable by habitual offender enhancements under section 51.1 of Title 21, with the following exceptions:
5. 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]
6. 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]

Class D3

Class D3 crimes are punishable as follows:

1. A first or unenhanced offense
   1. ≤ 2 years imprisonment and corresponding fines and service of at least 10% of the sentence before release from custody including release to electronic monitoring
2. After former conviction of one or two Class C or Class D offenses
   1. Minimum: 1 years imprisonment
   2. Maximum 4 years imprisonment
   3. Serve at least 10% of the sentence before release including release to electronic monitoring
   4. Fine provided by current law
3. After former conviction of three Class C or Class D offenses, or one or more Class Y, Class A, or Class B offenses
   1. Minimum: 1 years imprisonment
   2. Maximum 10 years imprisonment
   3. Serve at least 20% of the sentence before release including release to electronic monitoring
   4. Fine provided by current law
4. D3 offenses are not generally punishable by habitual offender enhancements under section 51.1 of Title 21, with the following exceptions:
5. 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]
6. Minimum time-served requirements of OSMA24 may be included in the instructions to the jury in the form of a percentage of the total sentence.

1. ↑ Crimes considered in this book are in boldface. 15. 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; 18. 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.
2. ↑ 19. 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;
3. ↑ Crimes considered in this book are in boldface. 1. 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. 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; 52. Instigating or encouraging any fight between dogs, as provided for in Section 1694 of Title 21 of the Oklahoma Statutes; 53. 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; 54. 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; 55. 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; 63. Larceny of livestock or implement of husbandry, as provided for in subsection A of Section 1716 of Title 21 of the Oklahoma Statutes; 67. Tapping or drilling into a pipeline, as provided for in Section 1721 of Title 21 of the Oklahoma Statutes; 68. 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; 76. 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; 77. 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.
4. ↑ 64. Larceny of a dog, as provided for in Section 1718 of Title 21 of the Oklahoma Statutes.
5. ↑ 98. Adultery, as provided for in Section 871 of Title 21 of the Oklahoma Statutes; 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; 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; 213. Disposal of seized liquor by officer, as provided for in Section 1263 of Title 22 of the Oklahoma Statutes; 229. Falsely state information to the Department of Environmental Quality, as provided for in Section 2-7-109 of Title 27A of the Oklahoma Statutes.
6. ↑ 7. 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; 10. Abortion without license, as provided for in Section 1-731 of Title 63 of the Oklahoma Statutes; 11. Abortion after first trimester, as provided for in Section 1-731 of Title 63 of the Oklahoma Statutes; 12. Self-induced abortion, as provided for in Section 1-733 of Title 63 of the Oklahoma Statutes; 13. Violate Oklahoma Unborn Child Protection from Dismemberment Abortion Act, as provided for in Section 1-737.9 of Title 63 of the Oklahoma Statutes; 14. Violation of Unborn Child Pain Awareness/Prevention Act, as provided for in Section 1-738.14 of Title 63 of the Oklahoma Statutes; 15. Knowingly perform abortion on unemancipated minor, as provided for in Section 1-740.4b of Title 63 of the Oklahoma Statutes;16. Make fraudulent statement to obtain abortion for a minor, as provided for in Section 1-740.4b of Title 63 of the Oklahoma Statutes; 17.  Violation of the Pain-Capable Unborn Child Protection Act, as provided for in Section 1-745.7 of Title 63 of the Oklahoma Statutes; 18. Violation of the Heartbeat Informed Consent Act, as provided for in Section 1-746.7 of Title 63 of the Oklahoma Statutes; 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.
7. ↑ 2. Attempt to escape from prison, not a penitentiary, as provided for in Section 436 of Title 21 of the Oklahoma Statutes; 3. Escape from arrest or detention for a felony, as provided for in subsection C of Section 444 of Title 21 of the Oklahoma Statutes; 4. Aggravated assault and battery upon medical care provider, as provided for in Section 650.5 of Title 21 of the Oklahoma Statutes; 5. Omitting to provide for a child, as provided for in Section 852 of Title 21 of the Oklahoma Statutes; 6. Harboring an endangered runaway child, second or subsequent offense, as provided for in Section 856.2 of Title 21 of the Oklahoma Statutes.
8. ↑ 69. Aiding attempted suicide, as provided for in Section 815 of Title 21 of the Oklahoma Statutes; 124.  Injuring pipes or wire, as provided for in Section 1786 of Title 21 of the Oklahoma Statutes; 127. Trespass and damage to critical infrastructure facility, as provided for in subsection B of Section 1792 of Title 21 of the Oklahoma Statutes; 177. 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.