Oklahoma § 21-701.7 - Murder in the first degree

§ 21-701.7. Murder in the first degree

A. A person commits murder in the first degree when that person

unlawfully and with malice aforethought causes the death of another

human being. Malice is that deliberate intention unlawfully to take

away the life of a human being, which is manifested by external

circumstances capable of proof.

B. A person also commits the crime of murder in the first

degree, regardless of malice, when that person or any other person

takes the life of a human being during, or if the death of a human

being results from, the commission or attempted commission of murder

of another person, shooting or discharge of a firearm or crossbow

with intent to kill, intentional discharge of a firearm or other

deadly weapon into any dwelling or building as provided in Section

1289.17A of this title, forcible rape, robbery with a dangerous

weapon, kidnapping, escape from lawful custody, eluding an officer,

first degree burglary, first degree arson, unlawful distributing or

dispensing of controlled dangerous substances or synthetic

controlled substances, trafficking in illegal drugs, or

manufacturing or attempting to manufacture a controlled dangerous

substance.

1. Except as provided in paragraph 3 of this subsection, the

term "synthetic controlled substance" means a substance:

a.

the chemical structure of which is substantially

similar to the chemical structure of a controlled

substance in Schedule I or II,

b.

which has 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, or

c.

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

Oklahoma Statutes - Title 21. Crimes and Punishments

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.

2. The designation of gamma butyrolactone does not preclude a

finding pursuant to paragraph 1 of this subsection that the chemical

is a synthetic controlled substance.

3. Such term does not include:

a.

a controlled substance,

b.

any substance for which there is an approved new drug

application,

c.

with respect to a particular person any substance, if

an exemption is in effect for investigational use, for

that person, under Section 505 of the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 355) to the extent

conduct with respect to such substance is pursuant to

such exemption, or

d.

any substance to the extent not intended for human

consumption before such an exemption takes effect with

respect to that substance.

C. A person commits murder in the first degree when the death

of a child results from the willful or malicious injuring,

torturing, maiming or using of unreasonable force by said person or

who shall willfully cause, procure or permit any of said acts to be

done upon the child pursuant to Section 843.5 of this title. It is

sufficient for the crime of murder in the first degree that the

person either willfully tortured or used unreasonable force upon the

child or maliciously injured or maimed the child.

D. A person commits murder in the first degree when that person

unlawfully and with malice aforethought solicits another person or

persons to cause the death of a human being in furtherance of

unlawfully manufacturing, distributing or dispensing controlled

dangerous substances, as defined in the Uniform Controlled Dangerous

Substances Act, unlawfully possessing with intent to distribute or

dispense controlled dangerous substances, or trafficking in illegal

drugs.

E. A person commits murder in the first degree when that person

intentionally causes the death of a law enforcement officer,

correctional officer, or corrections employee while the officer or

employee is in the performance of official duties.

F. A person who violates any of the provisions provided for in

this section shall, upon conviction, be guilty of a Class Y felony

offense.

Added by Laws 1976, 1st Ex.Sess., c. 1, § 1, eff. July 24, 1976.

Amended by Laws 1982, c. 279, § 1, operative Oct. 1, 1982; Laws

1989, c. 259, § 1, emerg. eff. May 19, 1989; Laws 1996, c. 161, § 1,

eff. Nov. 1, 1996; Laws 1997, c. 386, § 23, emerg. eff. June 10,

Oklahoma Statutes - Title 21. Crimes and Punishments

1997; Laws 1998, c. 5, § 11, emerg. eff. March 4, 1998; Laws 2004,

c. 520, § 2, eff. Nov. 1, 2004; Laws 2006, c. 186, § 2, eff. July 1,

2006; Laws 2009, c. 234, § 120, emerg. eff. May 21, 2009; Laws 2012,

c. 128, § 1, eff. Nov. 1, 2012; Laws 2012, c. 208, § 1, eff. Nov. 1,

2012; Laws 2025, c. 486, § 1, eff. Jan. 1, 2026.

NOTE: Laws 1989, c. 253, § 1 repealed by Laws 1989, c. 353, § 14,

emerg. eff. June 3, 1989. Laws 1997, c. 324, § 1 repealed by Laws

1998, c. 5, § 29, emerg. eff. March 4, 1998.