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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 21, § 21-701.10: Sentencing proceeding - Murder in the first degree -

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Where this section sits in the code
  1. OK Code
  2. Title 21

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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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