Okla. Stat. tit. 21, § 21-701.10

This is the official text of Okla. Stat. tit. 21, § 21-701.10, part of Oklahoma’s Stat. tit. 21, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 21,." Browse the sections below, each linked to its official government source.

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Sentencing proceeding - Murder in the first degree -

Official statutory text

State seeking death penalty.

A. Upon conviction or adjudication of guilt of a defendant of

murder in the first degree, wherein the state is seeking the death

penalty, the court shall conduct a separate sentencing proceeding to

determine whether the defendant should be sentenced to death, life

imprisonment without parole or life imprisonment. The proceeding

shall be conducted by the trial judge before the same trial jury as

soon as practicable without presentence investigation.

B. If the trial jury has been waived by the defendant and the

state, or if the defendant pleaded guilty or nolo contendere, the

sentencing proceeding shall be conducted before the court.

C. In the sentencing proceeding, evidence may be presented as

to any mitigating circumstances or as to any of the aggravating

circumstances enumerated in Section 701.7 et seq. of this title.

Only such evidence in aggravation as the state has made known to the

defendant prior to his trial shall be admissible. In addition, the

state may introduce evidence about the victim and about the impact

of the murder on the family of the victim.

D. This section shall not be construed to authorize the

introduction of any evidence secured in violation of the

Constitutions of the United States or of the State of Oklahoma. The

state and the defendant or his counsel shall be permitted to present

argument for or against sentence of death.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.