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The Death Penalty in Oklahoma

How Oklahoma law treats death penalty, from the state code and official state agencies.

Short answer: Oklahoma has the death penalty. First-degree murder is a Class Y felony punished by death, life without parole, or life; 21 O.S. §§ 701.9(A), 701.10, 843.5(K); 22 O.S. § 1014

Death penaltyOklahoma has the death penalty. First-degree murder is a Class Y felony punished by death, life without parole, or life; when the state seeks death, a separate sentencing hearing is held before the trial jury (or the judge if the jury is waived or the defendant pleads guilty). State law also allows death or life without parole for a repeat conviction of rape, forcible sodomy, rape by instrumentation or lewd molestation of a child under 14. The statute sets the method: lethal injection, then nitrogen hypoxia, electrocution, and firing squad, in that order, if an earlier method is held unconstitutional or is otherwise unavailable.
Method statute: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf. Some 2025 versions of 21 O.S. §§ 1115 and 1123 (first-degree rape; lewd acts with a child under 12) also list death as a possible punishment; the versions differ.
Source: 21 O.S. §§ 701.9(A), 701.10, 843.5(K); 22 O.S. § 1014

More Oklahoma criminal law

FAQ

Does Oklahoma have the death penalty?
Oklahoma has the death penalty. First-degree murder is a Class Y felony punished by death, life without parole, or life; when the state seeks death, a separate sentencing hearing is held before the trial jury (or the judge if the jury is waived or the defendant pleads guilty). State law also allows death or life without parole for a repeat conviction of rape, forcible sodomy, rape by instrumentation or lewd molestation of a child under 14. The statute sets the method: lethal injection, then nitrogen hypoxia, electrocution, and firing squad, in that order, if an earlier method is held unconstitutional or is otherwise unavailable.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.