{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-5-205","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-5-205","heading":"Certification as youthful offender or juvenile","body":"A. Any person thirteen (13) or fourteen (14) years of age who\n\nis charged with murder in the first degree shall be held accountable\n\nfor the act as if the person were an adult; provided, the person may\n\nbe certified as a youthful offender or a juvenile as provided by\n\nthis section, unless the person is subject to the provisions of\n\nsubsection H of Section 2-5-204 of this title.\n\nB. Any person fifteen (15), sixteen (16) or seventeen (17)\n\nyears of age who is charged with murder in the first degree shall be\n\nheld accountable for his or her act as if the person was an adult\n\nand shall not be subject to the provisions of the Youthful Offender\n\nAct or the provisions of the Juvenile Code for certification as a\n\njuvenile. The person shall have all the statutory rights and\n\nprotections of an adult accused of a crime. All proceedings shall\n\nbe as for a criminal action and the provisions of Title 22 of the\n\nOklahoma Statutes shall apply. A person having been convicted as an\n\nadult pursuant to this paragraph shall be tried as an adult for\n\nevery subsequent offense.\n\nC. Any person fifteen (15), sixteen (16) or seventeen (17)\n\nyears of age who is charged with:\n\n1. Murder in the second degree;\n\n2. Kidnapping or attempt thereof;\n\n3. Manslaughter in the first degree;\n\n4. Robbery with a dangerous weapon or a firearm or attempt\n\nthereof;\n\n5. Robbery in the first degree or attempt thereof;\n\n6. Robbery committed by two or more persons;\n\n7. Rape by instrumentation or attempt thereof;\n\n8. Forcible sodomy;\n\n9. Lewd acts or proposals to a child under sixteen (16) years\n\nof age or any offense in violation of subsection A of Section 1123\n\nof Title 21 of the Oklahoma Statutes;\n\n10. Domestic abuse by strangulation;\n\n11. Arson in the first degree or attempt thereof; or\n\n12. Any offense in violation of Section 652 of Title 21 of the\n\nOklahoma Statutes,\n\nshall be held accountable for such acts as a youthful offender;\n\nprovided, the person may be certified as a juvenile or as an adult\n\nas provided by the provisions of the Youthful Offender Act.\n\nD. At the sole discretion of the district attorney, any person\n\nfifteen (15), sixteen (16) or seventeen (17) years of age who is\n\ncharged with rape in the first degree or attempt thereof may be held\n\naccountable for his or her act as if the person was an adult or as a\n\nyouthful offender. When charged as an adult, the person shall have\n\nall the statutory rights and protections of an adult accused of a\n\ncrime. All proceedings shall be as for a criminal action and the\n\nprovisions of Title 22 of the Oklahoma Statutes shall apply. A\n\nperson having been convicted as an adult pursuant to this subsection\n\nshall be tried as an adult for every subsequent offense. When\n\ncharged as a youthful offender, the person shall be held accountable\n\nfor such acts as a youthful offender; provided, the person may be\n\ncertified as a juvenile or as an adult as provided by the Youthful\n\nOffender Act.\n\nE. Any person sixteen (16) or seventeen (17) years of age who\n\nis charged with:\n\n1. Burglary in the first degree or attempted burglary in the\n\nfirst degree;\n\n2. Battery or assault and battery on a state employee or\n\ncontractor while in the custody or supervision of the Office of\n\nJuvenile Affairs;\n\n3. Aggravated assault and battery of a police officer;\n\n4. Intimidating a witness;\n\n5. Trafficking in or manufacturing illegal drugs;\n\n6. Assault and battery with a deadly weapon;\n\n7. Maiming;\n\n8. Residential burglary in the second degree after two or more\n\nadjudications that are separated in time for delinquency for\n\ncommitting burglary in the first degree or residential burglary in\n\nthe second degree;\n\n9. Rape in the second degree; or\n\n10. Use of a firearm while in commission of a felony,\n\nmay be held accountable for such acts as a youthful offender;\n\nprovided, the person may be certified as a juvenile or as an adult\n\nas provided by the Youthful Offender Act.\nns that are separated in time for delinquency for\n\ncommitting burglary in the first degree or residential burglary in\n\nthe second degree;\n\n9. Rape in the second degree; or\n\n10. Use of a firearm while in commission of a felony,\n\nmay be held accountable for such acts as a youthful offender;\n\nprovided, the person may be certified as a juvenile or as an adult\n\nas provided by the Youthful Offender Act.\n\nF. 1. For any charges listed in Sections A, C, D, or E of this\n\nsection, the district attorney may elect to file a petition alleging\n\nthe person to be delinquent or may file an information charging the\n\nperson as a youthful offender. The district attorney shall\n\nimmediately notify the Office of Juvenile Affairs upon the filing of\n\nany youthful offender charges.\n\n2. After an information has been filed charging a person as a\n\nyouthful offender under Sections A, C, D, or E of this section, or\n\nas an adult under subsection B of this section, the district\n\nattorney may elect to amend or dismiss the information and refile\n\nany or all charges in a delinquent petition.\n\n3. Upon the filing of an information, the person's complete\n\njuvenile record shall be made available to the district attorney and\n\nthe person's attorney.\n\nG. 1. Upon the filing of an information against a person, a\n\nwarrant shall be issued which shall set forth the rights of the\n\naccused, and the rights of the parents, guardian, or next friend of\n\nthe accused to be present at the preliminary hearing and to have an\n\nattorney.\n\n2. The warrant shall be personally served together with a\n\ncertified copy of the information on the accused and on a custodial\n\nparent, guardian, or next friend of the accused. The court may\n\ninquire of the accused as to the whereabouts of his or her parents,\n\nguardian, or next friend in order to avoid unnecessary delay in the\n\nproceedings.\n\n3. When personal service of a custodial parent, guardian, or\n\nnext friend of the accused cannot be completed, service may be made\n\nby certified mail to the person's last-known address, requesting a\n\nreturn receipt from the addressee only. If delivery is refused,\n\nnotice may be given by mailing a copy of the accused's warrant\n\ninformation by regular first-class mail to the address where the\n\nperson to be notified refused delivery of the notice sent by\n\ncertified mail. Where the address of a custodial parent, guardian\n\nor next friend is not known, or if the mailed copy of the accused's\n\nwarrant and information is returned for any reason other than\n\nrefusal of the addressee to accept delivery, after a thorough search\n\nof all reasonably available sources to ascertain the whereabouts of\n\na custodial parent, guardian, or next friend has been conducted, the\n\ncourt may order that notice of the hearing be given by publication\n\none time in a newspaper of general circulation in the county. The\n\ncourt may also order other means of service of notice that the court\n\ndeems advisable or in the interests of justice.\n\n4. Before service by publication is ordered, the court shall\n\nconduct an inquiry to determine whether a thorough search has been\n\nmade of all reasonably available sources to ascertain the\n\nwhereabouts of any person for whom notice by publication is sought.\n\n5. The person is presumed to be a youthful offender, and the\n\nproceedings shall continue under such presumption unless the court\n\ngrants the person's motion for certification as a juvenile pursuant\n\nto Section 6 of this act or grants the district attorney's motion\n\nfor imposition of an adult sentence pursuant to Section 7 of this\n\nact.\n\nH. The court shall commence the preliminary hearing within\n\nninety (90) days of the filing of the information, pursuant to\n\nSection 258 of Title 22 of the Oklahoma Statutes, to determine\n\nwhether a crime was committed and if there is probable cause to\nage 360\n\nto Section 6 of this act or grants the district attorney's motion\n\nfor imposition of an adult sentence pursuant to Section 7 of this\n\nact.\n\nH. The court shall commence the preliminary hearing within\n\nninety (90) days of the filing of the information, pursuant to\n\nSection 258 of Title 22 of the Oklahoma Statutes, to determine\n\nwhether a crime was committed and if there is probable cause to\n\nbelieve the accused committed the crime. The requirement for the\n\npreliminary hearing to be held within ninety (90) days may be waived\n\nby the accused.\n\n1. For a person charged under subsection A or B of Section 2-5-\n\n205 of this title, if the preliminary hearing is not commenced\n\nwithin ninety (90) days of the filing date of the information, the\n\ndistrict court shall hold a hearing to determine the reasons for\n\ndelay utilizing the procedure set out in Section 812.2 of Title 22\n\nof the Oklahoma Statutes, to ensure the preliminary hearing is\n\nexpedited, unless the ninety-day requirement has been waived by the\n\naccused.\n\n2. For a person charged under subsection C, D, or E of Section\n\n2-5-205 of this title, if the preliminary hearing is not commenced\n\nwithin ninety (90) days of the filing of the information, the\n\ndistrict attorney shall be prohibited from seeking an adult sentence\n\nunless the ninety-day requirement has been waived by the accused.\n\n3. For an accused person charged under subsection A, B, C, D,\n\nor E of Section 2-5-205 of this title, if the whereabouts of the\n\naccused are unknown at the time of the filing of the information or\n\nif the accused is a fugitive, the State of Oklahoma shall make\n\nreasonable efforts to locate the accused in order to commence the\n\nproceedings. An accused who flees the jurisdiction of the court or\n\npurposely avoids apprehension for the charges, waives the right to\n\nhave the preliminary hearing commenced within ninety (90) days of\n\nthe filing of the information. If the preliminary hearing does not\n\ncommence within ninety (90) days from the filing of the information\n\ndue to the absence or inability to locate the accused, the\n\npreliminary hearing shall commence within ninety (90) days after the\n\nstate has actual notice of the in-state location of the accused. If\n\nthe accused is found out of state, the court shall set the hearing\n\nwithin ninety (90) days after the accused has been returned to the\n\nState of Oklahoma. An accused who fails to cooperate with providing\n\ninformation in locating his or her parent, guardian, or next friend\n\nfor purposes of notice waives the right to have the preliminary\n\nhearing commence within ninety (90) days of the filing of the\n\ninformation.\n\nI. At the conclusion of the state's case at the preliminary\n\nhearing, if the accused has filed a motion for certification as a\n\njuvenile pursuant to subsection A of this section, or if the\n\ndistrict attorney has filed a motion for the imposition of an adult\n\nsentence pursuant to Section 7 of this act, both the accused and the\n\ndistrict attorney may offer evidence in support or in opposition of\n\nthe pending motion or motions.\n\nJ. The court shall rule on any properly filed motion for\n\ncertification as a juvenile or motion for the imposition of an adult\n\nsentence before ruling on whether to bind the accused over for\n\ntrial.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1e8fa1a950c3a58e47d9ff8f450069f5f530e6487f0b7ba39c5b3aaa037a7249","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-5-204","next":"us-ok/okla.-stat.-tit.-10a-10a-2-5-206a"},"notice":"GroundRules: Original legal text. Not legal advice."}