Oklahoma § 21-652 - Shooting or discharging firearm with intent to kill - Use

§ 21-652. Shooting or discharging firearm with intent to kill - Use

of vehicle to facilitate discharge of weapon in conscious disregard

of safety of others - Assault and battery with deadly weapon, etc.

A. Every person who intentionally and wrongfully shoots another

with or discharges any kind of firearm, with intent to kill any

Oklahoma Statutes - Title 21. Crimes and Punishments

person, including an unborn child as defined in Section 1-730 of

Title 63 of the Oklahoma Statutes, shall upon conviction be guilty

of a Class A3 felony offense punishable by imprisonment in the State

Penitentiary not exceeding life.

B. Every person who uses any vehicle to facilitate the

intentional discharge of any kind of firearm, crossbow or other

weapon in conscious disregard for the safety of any other person or

persons, including an unborn child as defined in Section 1-730 of

Title 63 of the Oklahoma Statutes, shall upon conviction be guilty

of a Class A3 felony offense punishable by imprisonment in the

custody of the Department of Corrections for a term not less than

two (2) years nor exceeding life.

C. Any person who commits any assault and battery upon another,

including an unborn child as defined in Section 1-730 of Title 63 of

the Oklahoma Statutes, by means of any deadly weapon, or by such

other means or force as is likely to produce death, or in any manner

attempts to kill another, including an unborn child as defined in

Section 1-730 of Title 63 of the Oklahoma Statutes, or in resisting

the execution of any legal process, shall upon conviction be guilty

of a Class A3 felony offense punishable by imprisonment in the State

Penitentiary not exceeding life.

D. The provisions of this section shall not apply to:

1. Acts which cause the death of an unborn child if those acts

were committed during a legal abortion to which the pregnant woman

consented; or

2. Acts which are committed pursuant to usual and customary

standards of medical practice during diagnostic testing or

therapeutic treatment.

E. Under no circumstances shall the mother of the unborn child

be prosecuted for causing the death of the unborn child unless the

mother has committed a crime that caused the death of the unborn

child.

R.L.1910, § 2336. Amended by Laws 1955, p. 186, § 1; Laws 1977, c.

42, § 1, eff. May 11, 1977; Laws 1987, c. 58, § 1, emerg. eff. April

30, 1987; Laws 1992, c. 192, § 1, emerg. eff. May 11, 1992; Laws

1997, c. 133, § 229, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c.

5, § 133, eff. July 1, 1999; Laws 2005, c. 200, § 2, emerg. eff. May

20, 2005; Laws 2007, c. 358, § 2, eff. July 1, 2007; Laws 2025, c.

486, § 35, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 229 from July 1, 1998, to July 1, 1999.