Oklahoma Distinctions

Question 1

What is the jurisdiction of Indian on Indian crime?

Answer 1

By federal law, crimes committed by one Indian against the person or property of another Indian, or committed by an Indian on Indian land, are exclusively within the jurisdiction of either the law of the tribe or federal government. Thus, state law does not extend to such crimes.

However, crimes committed by non-Indians on Indian territory, even where against Indians, may be tried in state court.

Question 2

What is Oklahoma’s felony murder rule?

Answer 2

In Oklahoma a person will be guilty of first-degree felony murder when the killing occurs from the commission or attempted commission of the following crimes:

1. murder of another person;
2. shooting or discharging of a firearm or crossbow with intent to kill;
3. intentional discharge of a firearm or other deadly weapon into any dwelling or building used for specified purposes;
4. forcible rape;
5. robbery with a dangerous weapon;
6. kidnapping;
7. escape from lawful custody;
8. eluding an officer;
9. first-degree burglary;
10. first-degree arson;
11. unlawful distribution or dispensation of controlled dangerous substances; or
12. trafficking in illegal drugs.

Question 3

What is Oklahoma’s murder by degrees?

Answer 3

Oklahoma defines first-degree murder as occurring:

1. when one person unlawfully kills another with malice aforethought;
2. during the commission of any of the enumerated felonies required for first-degree felony murder;
3. when the death of a child results from the willful or malicious injuring, torturing, maiming, or using of unreasonable force, or from procuring or permitting such;
4. when one person solicits another to murder in furtherance of unlawfully manufacturing, distributing, or dispensing controlled dangerous substances, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs; or
5. when one person intentionally causes the death of a law enforcement or correctional officer while the officer is in the performance of official duties.

Malice is the deliberate intention to unlawfully take away the life of a human being, manifested by external circumstances capable of proof.

Second-degree murder is defined as occurring:

1. under the circumstances qualifying common law depraved-heart murder; or
2. during the commission of any felony not enumerated as being first-degree murder.

Question 4

What is Oklahoma manslaughter?

Answer 4

Oklahoma classifies manslaughter as either first- or second-degree. A homicide is defined as manslaughter in the first degree when it is perpetrated:

1. without a design to effect death, by a person while engaged in the commission of a misdemeanor;
2. without a design to effect death and in the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon, unless it is committed under circumstances constituting excusable or justifiable homicide; or
3. unnecessarily e, either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.

Oklahoma recognizes imperfect self-defense as mitigating a charge of murder to first-degree heat-of-passion manslaughter. A homicide may be reduced where the killing was done:

1. because the slayer believed that he was in great danger, even if his belief was unwarranted; or
2. where the slayer, although acting in self-defense, was not himself free from blame.

Any other killing that is not murder, nor first-degree manslaughter, nor excusable or justifiable homicide, is defined as manslaughter in the second degree.

Question 5

What is Oklahoma assault and battery?

Answer 5

In Oklahoma, an assault and battery becomes aggravated when committed under any of the following circumstances:

1. when great bodily injury is inflicted upon the person assaulted; or
2. when committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated.

Question 6

What is Oklahoma mayhem?

Answer 6

The common law crime of mayhem is known as maiming in Oklahoma, and occurs when a person:

1. with premeditated design to injure another;
2. inflicts upon his person any injury which: a. disfigures his personal appearance; b. disables any member or organ of his body; or c. seriously diminishes his physical vigor.

Premeditated intent may be formed instantly before inflicting the wound.

Oklahoma also specifies that female genital mutilation is a felony. Consent to the procedure by the minor on whom it is performed by the parent(s) of the minor is not a defense. However, it is a defense if it is performed as part of a recognized treatment for a known disease, for the purpose of repairing a defect or injury, or where it is necessary in the assistance of childbirth or for medical purposes connected with that labor or birth.

Question 7

What is Oklahoma rape?

Answer 7

In Oklahoma, rape is defined as an act of sexual intercourse involving vaginal or anal penetration, can be committed by a male or female, and the victim may be the same or opposite sex of the perpetrator. When the victim is not the spouse of the perpetrator, rape occurs under any of the following circumstances:

1. where the victim is under 16 years of age;
2. where the victim is incapable, through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent;
3. where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person;
4. where the victim is intoxicated by a narcotic or anesthetic agent, when administered by or with the privity of the accused as a means of forcing the victim to submit;
5. where the victim is, at the time, unconscious of the nature of the act and this facts is known to the accused;
6. where the victim submits under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, either alone or in collusion with the spouse;
7. where the victim is under the legal custody or supervision of a government agency and engages in sexual intercourse with an employee of said agency that exercised authority over the victim; or
8. where the victim is at least 16 years of age and less than 20 years of age and is a student, or under the legal custody or supervision of any public or private school, and engages in sexual intercourse with a person who is 18 years of age or older and is an employee of the same school system.

Where the victim is the spouse of the perpetrator, an act of sexual intercourse will constitute rape if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person.

Question 8

What is Oklahoma rape by instrumentation?

Answer 8

Rape by instrumentation is an act within or without marriage in which any inanimate object or any part of the human body, not amounting to sexual intercourse, is used without the other person’s consent and penetration of the anus or vagina occurs to that person.

Consent is not an element to rape by instrumentation when:

1. the victim is at least 16 and less than 20 years of age and is a student, engaging in sexual intercourse with an employee of the said school system over the age of 18; or
2. the victim is under the legal custody of a government agency and engages in sexual intercourse with an employee of said agency having supervision over the victim.

Question 9

What is Oklahoma first-degree rape?

Answer 9

Oklahoma defines first-degree rape as:

1. rape committed by a person over 18 upon a person under 14;
2. rape committed upon a person mentally incapable of consenting, regardless of age of the accused;
3. rape accomplished by the accused causing the victim’s intoxication as a means of forcing the victim to submit;
4. rape accomplished where the victim was unconscious at the time and the accused is aware of this fact;
5. rape is accomplished through force, violence, or threats of force or violence, accompanied by apparent power of execution, regardless of the age of the accused;
6. rape by instrumentation resulting in bodily harm, regardless of the age; and
7. rape by instrumentation committed upon a person under 17 years of age.

In all other cases, rape or rape by instrumentation is second-degree rape.

Question 10

What is Oklahoma statutory rape?

Answer 10

By statute, no person can be convicted of rape or rape by instrumentation on account of an act of sexual intercourse with anyone over 14 years of age, with his or her consent, unless the accused was over the age of 18 at the time of such act. If the accused was under the age of 18 at the time, it will not constitute rape.

Question 11

What is Oklahoma forcible sodomy?

Answer 11

A person commits the felony of forcible sodomy when:

1. sodomy is committed by a person over 18 years of age upon a person under 16;
2. sodomy is committed upon a person mentally incapable of consenting, regardless of the perpetrator’s age;
3. sodomy is accomplished by means of force, violence, or threats of force or violence, accompanied by an apparent power of execution, regardless of the age of the victim or perpetrator; or
4. sodomy is committed by an employee of a government agency upon a person under the legal custody of the government.

Question 12

What is Oklahoma larceny?

Answer 12

In Oklahoma, larceny is defined as the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof. Larceny is divided into two degrees: grand larceny and petit larceny.

Grand larceny is larceny commited in either of the following cases:

1. when the property taken is of value exceeding $500; or
2. when such property, although not valued at over $500, is taken from the person of another.

All other larceny is petit larceny.

Further, Oklahoma has expanded larceny to include one who finds lost property under circumstances which gives him knowledge or means of inquiry as to the true owner, and who appropriates such property for his own use, or to the use of another person who is not entitled thereto, without having first made such effort to find the owner and restore the property to him as the circumstances render reasonable and just.

Oklahoma has additionally created the crime of larceny from the house, a felony which occurs when a person enters and steals any money or other thing of value, from any house, railroad car, tent, booth, or temporary building.

Question 13

What is Oklahoma burglary?

Answer 13

Oklahoma divides burglary into two degrees. First-degree burglary occurs when a person:

1. breaks into and enters;
2. the dwelling house of another;
3. in which there is, at the time, some human being;
4. with the intent to commit some crime therein, and
5. either: a. forcibly bursts or breaks the wall, an outer door, window, shutter of a window, the lock or bolts of a door, or the fastening of a window or shutter; b. commits the breaking in any other manner while armed with a dangerous weapon or assisted or aided by one or more confederates then actually present; or c. unlocks an outer door by means of false keys, picking the lock, lifting a latch, or opening a window.

A person is guilty of second-degree burglary when a person:

1. breaks and enters any building or part of any building, or any other structure or erection in which property is kept;
2. with the intent to steal any property therein or to commit any felony.

By statute in Oklahoma, dwelling house is defined more broadly so as to include every house or edifice, any part of which has usually been occupied by an person lodging therein at night as well as any structure joined to, and immediately connected with, such house or edifice.

Question 14

What is Oklahoma breaking and entering?

Answer 14

Oklahoma has defined the misdemeanor crime of breaking and entering a dwelling without permission as occurring when:

1. a person, under circumstances not amounting to any burglary, enters any building or part thereof with the intent to commit any felony, larceny, or malicious mischief; or
2. a person, without the intent to commit any crime therein, willfully and intentionally breaks and enters into any building, trailer, vessel, or other premises used as a dwelling, without the permission of the owner or occupant thereof, except in the cases and manner allowed by law.

Question 15

What is Oklahoma arson?

Answer 15

Oklahoma has divided arson into four degrees. First-degree arson occurs when a person:

1. willfully and maliciously;
2. sets fire to, burns, or by the use of any explosive device, accelerant, ignition devise, heat-producing devise or substance, or while manufacturing or attempting to manufacture a controled dangerous substance;
3. destroys, in whole or in part; causes to be burned or destroyed; or aids, counsels, or procures the burning or destruction of;
4. any building or structure, or the contents thereof;
5. inhabited or occupied by one or more persons; and
6. regardless of whether the property is that of the actor or another.

First-degree arson also includes the setting fire to or burning of another person, with the same relevant elements as above.

Second-degree arson is the same as first-degree arson, excpet that the property burned or destroyed is any uninhabited or unoccupied building or structure, or the contents thereof.

Third-degree arson has all the same elements as well, except the actor burns or destroys any property whatsoever with a minimum value of $50, as well as the burning or destruction of any building, property, or other chattels with the intent to injure or defraud the insurer of the property.

Finally, fourth-degree arson is an attempted arson of any of the other degrees.

Question 16

What is Oklahoma perjury?

Answer 16

Oklahoma defines the crime of perjury as occurring whenever a person:

1. in a trial, hearing, investigation, deposition, certification, or declaration;
2. in which the making or subscribing of a statement is required or authorized by law;
3. makes or subscribes a statement under oath, affirmation, or other legally binding assertion that statement is true; and
4. when in fact the witness or declarant does not believe that the statement is true, knows that it is not true, or intends thereby to avoid or obstruct the ascertainment of the truth.

Whenever a person, in a proceeding as described above, makes or subscribes two or more statements under oath, affirmation, or other legally binding assertion that the statements are true, when in fact two or more of the statements contradict each other, that person is guilty of perjury by contradictory statements.

Question 17

What is Oklahoma perjury defense?

Answer 17

In Oklahoma, the fact that the statement is lacking in materiality is not a defense. However, the degree to which the perjured statement might have affected some phase or detaill of the proceeding shall be considered, together with the other evidence or circumstance, in imposing the sentence.

Additionally, it is a defense to a charge of perjury by single statement that the statement is true.

If accused of a charge of perjury by contradictory statements, it is a defense that the accused, at the time he made each statement, believed that the statement was true.

Question 18

What is Oklahoma misdemeanors?

Answer 18

In Oklahoma, it is a misdemeanor to knowingly transport alcohol in any moving vehicle on a public street when the alcohol’s original container has been opened, unless the alcohol is carried in the rear trunk or rear compartment of the vehicles.

In Oklahoma, there are generally two ways to show that someone was driving under the influence, either by:

1. a breathalyzer test showing that the D had a blood alcohol content over .08; or
2. by personal observation of a police officer.

If the driver is under 21 years old, any measurable quantity of alcohol could form the basis of a drunk driving charge.

In Oklahoma, it is a misdemeanor to be drunk in public, which includes being drunk in a private automobile on a public roadway.

Question 19

What is Oklahoma conspiracy?

Answer 19

Oklahoma follows the majority rule, requiring some act besides the agreement be done to further the object of the conspiracy, by one or more of the parties to the agreement.

Question 20

What is Oklahoma accomplice liability?

Answer 20

Oklahoma limits the types of parties to crime to principals and accessories.

The statutory definition for principasl includes not only those who directly commit the crime, but also those who aid or abet in its commission, whether or not they are present. Thus, accessories before the fact and accomplices are punished as prinicpals.

Accessories has been defined to include those who, after the commission of a felony:

1. conceal or aid the offender;
2. with knowledge that he has committed a felony; and
3. with intent that he may avoid or escape from arrest, trial, conviction, or punishment.

As with the common law, a person can only be an accessory to a felony. There are no accessories in misdemeanors.

Question 21

What is Oklahoma Insanity?

Answer 21

Oklahoma follows the M’Naghten test, excluding from the list of persons capable of committing crimes those who are mentally ill, and all persons of unsound mind, upon proof that at the time of committing the act charged against them, they were incapable of knowing its wrongfulness.

A D is presumed to be sane, and the burden of proof is upon him to introduce sufficient evidence so as to raise a reasonable doubt as to his sanity.

Procedural, Oklahoma requires that a D raise the question of mental illness or insanity by filing notice with the court no later than 30 days after formal arraignment.

By statute, if a doubt arises as to the sanity of the D, the issue must go to a jury to be determined.

Question 22

What is Oklahoma competency?

Answer 22

Competency to stand trial is determined by the court. However, if the court deems it necessary or the D or his relative or friend demands it, the issue of competency will be determined by a jury.

Question 23

What is Oklahoma infancy?

Answer 23

Oklahoma follows the common law approach to infancy and capacity to commit a crime.

Additionally, Oklahoma automatically tries children aged 16 or 17 as adults for certain serious offenses, including murder, kidnapping, robbery with a dangerous weapon, or rape in the first-degree.

Any person 13 years of age or older charged with first-degree murder will be considered an adublt.

Outside of those enumerated offenses and age ranges, any child under 18 years of age may be tried as an adult upon motion by the district attorney. In considering the motion, the following factors will be considered by the court, with the first three statutorily given the greatest weight:

1. whether the offense was committed in an aggressive, violent, premeditated, or willful manner;
2. whether the offense was against persons and the degree of injury which resulted, if any;
3. the record and past history of the juvenile;
4. the sophistication and maturity of the accused and his capability of distinguishing right from wrong;
5. the prospects for protecting the public if the accused is processed through the youthful offender or juvenile systems;
6. the reasonable likelihood of rehabilitation; and
7. whether the offense occurred while the accused was escaping or on escape status from an institution for youthful offenders or delinquent children.

Question 24

What is Oklahoma self-defense?

Answer 24

Oklahoma follows the general MBE rule concerning the use of deadly force.

In Oklahoma, a homicide is justifiable when committed by a person while resisting an attempt to:

1. murder the person claiming self-defense;
2. commit any felony upon him; or
3. commit any felony in a dwelling house in which such person is.

Therefore, a person resisting an attempt to commit a felony in a dwelling house is permitted to use deadly force.

In Oklahoma, the right of self-defense cannot be invoked by an aggressor or by one who voluntarily enters into a situation armed with a deadly weapon, no matter how great his peril becomes. However, when the facts of the case demand it, this general statement must be supplemented with instructions on such issues as withdrawal by an aggressor.

A D may raise battered woman syndrome as a type of self-defense at trial.

Question 25

What is Oklahoma defense of others?

Answer 25

Oklahoma differs from the modern rule. In Oklahoma, deadly force may on be used in defense of another when the person being defended is a spouse, parent, child, employer, or employee.