Okla. Stat. tit. 21, § 21-1115v1: Rape in first degree a felony

Rape in the first degree is a felony punishable by death or

imprisonment in the State Penitentiary, not less than five (5)

years, except as provided in Section 3 of this act, in the

discretion of the jury, or in case the jury fails or refuses to fix

the punishment then the same shall be pronounced by the court.