First Degree Murder Charge in Oklahoma
Definition and Criteria
A person commits murder in the first degree in Oklahoma when they unlawfully and with malice aforethought cause the death of another human being. Malice refers to the deliberate intention to unlawfully take a life, which must be proven by external circumstances.
Felony Murder Rule
A person also commits first-degree murder, regardless of malice, in Oklahoma if a death occurs during the commission or attempted commission of certain felonies, including:
- Murder of another person
- Shooting or discharging a firearm or crossbow with intent to kill
- Intentional discharge of a firearm or deadly weapon into a dwelling or building
- Forcible rape
- Robbery with a dangerous weapon
- Kidnapping
- Escape from lawful custody
- Eluding an officer
- First-degree burglary
- First-degree arson
- Unlawful distribution or dispensing of controlled dangerous substances or synthetic controlled substances
- Trafficking in illegal drugs or
- Manufacturing or attempting to manufacture a controlled dangerous substance
Synthetic Controlled Substances
Definition: The term “synthetic controlled substance” includes substances that:
- Have a chemical structure substantially similar to a Schedule I or II controlled substance.
- Have a stimulant, depressant, or hallucinogenic effect on the central nervous system similar to or greater than a Schedule I or II substance or
- With respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II
Exclusions: The term does not include:
- A controlled substance
- Approved new drug applications
- Exempted investigational substances or
- Substances not intended for human consumption before exemption approval
Child Abuse Resulting in Death
A person commits first-degree murder in Oklahoma when the death of a child results from:
- Willful or malicious injuring, torturing, maiming, or using unreasonable force or
- Willfully causing, procuring, or permitting such acts upon a child
Solicitation to Commit Murder
A person is guilty of first-degree murder in Oklahoma if they solicit another person to cause the death of a human being in furtherance of:
- Unlawfully manufacturing, distributing, or dispensing controlled dangerous substances
- Unlawful possession with intent to distribute or dispense controlled dangerous substances or
- Trafficking in illegal drugs
Killing of Law Enforcement Officers
A person commits first-degree murder when they intentionally cause the death of a:
- Law enforcement officer
- Correctional officer or
- Corrections employee
This applies when the officer or employee is performing official duties.
Second Degree Murder Charge in Oklahoma
Definition and Criteria
Homicide is considered second-degree murder in the following situations:
- When perpetrated by an act imminently dangerous to another person, showing a depraved mind, and without premeditated design.
- When perpetrated during the commission of any felony other than those listed under first-degree felony murder.
Punishment for Murder Convictions in Oklahoma
First Degree Murder Sentencing
A person convicted of first-degree murder faces one of the following punishments:
- Death penalty
- Life imprisonment without parole
- Life imprisonment
For cases involving the murder of a law enforcement officer, the punishment shall be either death or life without parole, unless there is overwhelming mitigating evidence.
Second Degree Murder Sentencing
A person convicted of second-degree murder shall face:
- A felony sentence of imprisonment for not less than 10 years and up to life in the custody of the Department of Corrections.
Sentencing Procedures for Capital Cases
Separate Sentencing Proceedings
Upon conviction of first-degree murder where the state seeks the death penalty, a separate sentencing hearing shall be conducted to determine the appropriate sentence.
- The proceeding is held before the same trial jury without a presentence investigation.
- If the jury is waived or the defendant pleads guilty, the sentencing hearing is conducted before the court.
Presentation of Evidence
During sentencing, evidence may be presented regarding:
- Mitigating circumstances
- Aggravating circumstances
- Victim impact statements, including testimony about the effect of the murder on the victim’s family
Sources: 21 O.S. §§ 701.7, 701.8, 701.9, & 701.10 Current as of March 11, 2025. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.