Okla. Stat. tit. 10A, § 10A-2-5-205

A. Any person thirteen (13) or fourteen (14) years of age who

is charged with murder in the first degree shall be held accountable

for the act as if the person were an adult; provided, the person may

be certified as a youthful offender or a juvenile as provided by

this section, unless the person is subject to the provisions of

subsection H of Section 2-5-204 of this title.

B. Any person fifteen (15), sixteen (16) or seventeen (17)

years of age who is charged with murder in the first degree shall be

held accountable for his or her act as if the person was an adult

and shall not be subject to the provisions of the Youthful Offender

Act or the provisions of the Juvenile Code for certification as a

juvenile. The person shall have all the statutory rights and

protections of an adult accused of a crime. All proceedings shall

be as for a criminal action and the provisions of Title 22 of the

Oklahoma Statutes shall apply. A person having been convicted as an

adult pursuant to this paragraph shall be tried as an adult for

every subsequent offense.

C. Any person fifteen (15), sixteen (16) or seventeen (17)

years of age who is charged with:

1. Murder in the second degree;

2. Kidnapping or attempt thereof;

3. Manslaughter in the first degree;

4. Robbery with a dangerous weapon or a firearm or attempt

thereof;

5. Robbery in the first degree or attempt thereof;

6. Robbery committed by two or more persons;

7. Rape by instrumentation or attempt thereof;

8. Forcible sodomy;

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9. Lewd acts or proposals to a child under sixteen (16) years

of age or any offense in violation of subsection A of Section 1123

of Title 21 of the Oklahoma Statutes;

10. Domestic abuse by strangulation;

11. Arson in the first degree or attempt thereof; or

12. Any offense in violation of Section 652 of Title 21 of the

Oklahoma Statutes,

shall be held accountable for such acts as a youthful offender;

provided, the person may be certified as a juvenile or as an adult

as provided by the provisions of the Youthful Offender Act.

D. At the sole discretion of the district attorney, any person

fifteen (15), sixteen (16) or seventeen (17) years of age who is

charged with rape in the first degree or attempt thereof may be held

accountable for his or her act as if the person was an adult or as a

youthful offender. When charged as an adult, the person shall have

all the statutory rights and protections of an adult accused of a

crime. All proceedings shall be as for a criminal action and the

provisions of Title 22 of the Oklahoma Statutes shall apply. A

person having been convicted as an adult pursuant to this subsection

shall be tried as an adult for every subsequent offense. When

charged as a youthful offender, the person shall be held accountable

for such acts as a youthful offender; provided, the person may be

certified as a juvenile or as an adult as provided by the Youthful

Offender Act.

E. Any person sixteen (16) or seventeen (17) years of age who

is charged with:

1. Burglary in the first degree or attempted burglary in the

first degree;

2. Battery or assault and battery on a state employee or

contractor while in the custody or supervision of the Office of

Juvenile Affairs;

3. Aggravated assault and battery of a police officer;

4. Intimidating a witness;

5. Trafficking in or manufacturing illegal drugs;

6. Assault and battery with a deadly weapon;

7. Maiming;

8. Residential burglary in the second degree after two or more

adjudications that are separated in time for delinquency for

committing burglary in the first degree or residential burglary in

the second degree;

9. Rape in the second degree; or

10. Use of a firearm while in commission of a felony,

may be held accountable for such acts as a youthful offender;

provided, the person may be certified as a juvenile or as an adult

as provided by the Youthful Offender Act.
ns that are separated in time for delinquency for

committing burglary in the first degree or residential burglary in

the second degree;

9. Rape in the second degree; or

10. Use of a firearm while in commission of a felony,

may be held accountable for such acts as a youthful offender;

provided, the person may be certified as a juvenile or as an adult

as provided by the Youthful Offender Act.

F. 1. For any charges listed in Sections A, C, D, or E of this

section, the district attorney may elect to file a petition alleging

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the person to be delinquent or may file an information charging the

person as a youthful offender. The district attorney shall

immediately notify the Office of Juvenile Affairs upon the filing of

any youthful offender charges.

2. After an information has been filed charging a person as a

youthful offender under Sections A, C, D, or E of this section, or

as an adult under subsection B of this section, the district

attorney may elect to amend or dismiss the information and refile

any or all charges in a delinquent petition.

3. Upon the filing of an information, the person's complete

juvenile record shall be made available to the district attorney and

the person's attorney.

G. 1. Upon the filing of an information against a person, a

warrant shall be issued which shall set forth the rights of the

accused, and the rights of the parents, guardian, or next friend of

the accused to be present at the preliminary hearing and to have an

attorney.

2. The warrant shall be personally served together with a

certified copy of the information on the accused and on a custodial

parent, guardian, or next friend of the accused. The court may

inquire of the accused as to the whereabouts of his or her parents,

guardian, or next friend in order to avoid unnecessary delay in the

proceedings.

3. When personal service of a custodial parent, guardian, or

next friend of the accused cannot be completed, service may be made

by certified mail to the person's last-known address, requesting a

return receipt from the addressee only. If delivery is refused,

notice may be given by mailing a copy of the accused's warrant

information by regular first-class mail to the address where the

person to be notified refused delivery of the notice sent by

certified mail. Where the address of a custodial parent, guardian

or next friend is not known, or if the mailed copy of the accused's

warrant and information is returned for any reason other than

refusal of the addressee to accept delivery, after a thorough search

of all reasonably available sources to ascertain the whereabouts of

a custodial parent, guardian, or next friend has been conducted, the

court may order that notice of the hearing be given by publication

one time in a newspaper of general circulation in the county. The

court may also order other means of service of notice that the court

deems advisable or in the interests of justice.

4. Before service by publication is ordered, the court shall

conduct an inquiry to determine whether a thorough search has been

made of all reasonably available sources to ascertain the

whereabouts of any person for whom notice by publication is sought.

5. The person is presumed to be a youthful offender, and the

proceedings shall continue under such presumption unless the court

grants the person's motion for certification as a juvenile pursuant

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to Section 6 of this act or grants the district attorney's motion

for imposition of an adult sentence pursuant to Section 7 of this

act.

H. The court shall commence the preliminary hearing within

ninety (90) days of the filing of the information, pursuant to

Section 258 of Title 22 of the Oklahoma Statutes, to determine

whether a crime was committed and if there is probable cause to
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to Section 6 of this act or grants the district attorney's motion

for imposition of an adult sentence pursuant to Section 7 of this

act.

H. The court shall commence the preliminary hearing within

ninety (90) days of the filing of the information, pursuant to

Section 258 of Title 22 of the Oklahoma Statutes, to determine

whether a crime was committed and if there is probable cause to

believe the accused committed the crime. The requirement for the

preliminary hearing to be held within ninety (90) days may be waived

by the accused.

1. For a person charged under subsection A or B of Section 2-5-

205 of this title, if the preliminary hearing is not commenced

within ninety (90) days of the filing date of the information, the

district court shall hold a hearing to determine the reasons for

delay utilizing the procedure set out in Section 812.2 of Title 22

of the Oklahoma Statutes, to ensure the preliminary hearing is

expedited, unless the ninety-day requirement has been waived by the

accused.

2. For a person charged under subsection C, D, or E of Section

2-5-205 of this title, if the preliminary hearing is not commenced

within ninety (90) days of the filing of the information, the

district attorney shall be prohibited from seeking an adult sentence

unless the ninety-day requirement has been waived by the accused.

3. For an accused person charged under subsection A, B, C, D,

or E of Section 2-5-205 of this title, if the whereabouts of the

accused are unknown at the time of the filing of the information or

if the accused is a fugitive, the State of Oklahoma shall make

reasonable efforts to locate the accused in order to commence the

proceedings. An accused who flees the jurisdiction of the court or

purposely avoids apprehension for the charges, waives the right to

have the preliminary hearing commenced within ninety (90) days of

the filing of the information. If the preliminary hearing does not

commence within ninety (90) days from the filing of the information

due to the absence or inability to locate the accused, the

preliminary hearing shall commence within ninety (90) days after the

state has actual notice of the in-state location of the accused. If

the accused is found out of state, the court shall set the hearing

within ninety (90) days after the accused has been returned to the

State of Oklahoma. An accused who fails to cooperate with providing

information in locating his or her parent, guardian, or next friend

for purposes of notice waives the right to have the preliminary

hearing commence within ninety (90) days of the filing of the

information.

I. At the conclusion of the state's case at the preliminary

hearing, if the accused has filed a motion for certification as a

juvenile pursuant to subsection A of this section, or if the

district attorney has filed a motion for the imposition of an adult

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sentence pursuant to Section 7 of this act, both the accused and the

district attorney may offer evidence in support or in opposition of

the pending motion or motions.

J. The court shall rule on any properly filed motion for

certification as a juvenile or motion for the imposition of an adult

sentence before ruling on whether to bind the accused over for

trial.