Okla. Stat. tit. 21, § 21-701.10: Sentencing proceeding - Murder in the first degree -
Where this section sits in the code
- OK Code
- 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