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Oklahoma Statutes
Citationized Title 21. Crimes and Punishments
Chapter 24 Section 701.7
- Murder in the First Degree
Cite as: O.S. §, __ __
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,
first degree burglary, first degree arson, unlawful distributing or
dispensing of controlled dangerous substances, or trafficking in
illegal drugs.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 7115 of Title 10 of the
Oklahoma Statutes. 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
or correctional officer while the officer is in the performance of
official duties.
Historical Data
Added by Laws 1976, 1st Ex.
Sess., c. 1, § 1, eff. July 24, 1976; Amended by Laws 1982, c. 279,
§ 1, operative October 1, 1982; Amended by Laws 1989, SB 61, c. 253,
§ 1, emerg. eff. May 19, 1989 (repealed by Laws 1989, c. 353, § 14,
emerg. eff. June 3, 1989); Amended by Laws 1989, SB 404, c. 259, §
1, emerg. eff. May 19, 1989; Amended Laws 1996, HB 2115, c. 161, §
1, eff. November 1, 1996; Amended by Laws 1997, SB 545, c. 324, § 1,
eff. July 1, 1997 (superseded document available).; Amended by Laws
1997, HB 1927, c. 386, § 23, emerg. eff. June 10, 1997 (superseded
document available); Amended by Laws 1998, HB 3348, c. 5, § 12, eff.
March 4, 1998 (superseded document available); Amended by Laws 2004,
HB 2626, c. 520, § 2, eff. November 1, 2004 (superseded document
available).
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