Okla. Stat. tit. 21, § 21-701.7
This is the official text of Okla. Stat. tit. 21, § 21-701.7, 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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Murder in the first degree
Official statutory text
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 Page 299
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,
fully 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.
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 Page 299
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,
fully 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.
Status: in_force · Read it on the official government site
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