{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-51.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-51.1","heading":"Second and subsequent offenses after conviction of","body":"felony.\n\nA. Except as otherwise provided in the Elderly and\n\nIncapacitated Victim's Protection Program and Section 51.1a of this\n\ntitle, every person who, having been convicted of any felony,\n\ncommits any crime after such conviction, within ten (10) years of\n\nthe date following the completion of the execution of the sentence,\n\nand against whom the district attorney seeks to enhance punishment\n\npursuant to this section of law, is punishable therefor as follows:\n\n1. If the offense for which the person is subsequently\n\nconvicted is an offense enumerated in Section 571 of Title 57 of the\n\nOklahoma Statutes and the offense is punishable by imprisonment in\n\nthe custody of the Department of Corrections for a term exceeding\n\nfive (5) years, such person is punishable by imprisonment in the\n\ncustody of the Department of Corrections for a term in the range of\n\nten (10) years to life imprisonment;\n\n2. If the offense of which such person is subsequently\n\nconvicted is such that upon a first conviction an offender would be\n\npunishable by imprisonment in the custody of the Department of\n\nCorrections for any term exceeding five (5) years, such person is\n\npunishable by imprisonment in the custody of the Department of\n\nCorrections for a term in the range of twice the minimum term for a\n\nfirst time offender to life imprisonment. If the subsequent felony\n\noffense does not carry a minimum sentence as a first time offender,\n\nsuch person is punishable by imprisonment in the custody of the\n\nDepartment of Corrections for a term in the range of two (2) years\n\nto life imprisonment; and\n\n3. If such subsequent offense is such that upon a first\n\nconviction the offender would be punishable by imprisonment in the\n\ncustody of the Department of Corrections for five (5) years, or any\n\nless term, then the person convicted of such subsequent offense is\n\npunishable by imprisonment in the custody of the Department of\n\nCorrections for a term not exceeding ten (10) years.\n\nB. Every person who, having been twice convicted of felony\n\noffenses, commits a subsequent felony offense which is an offense\n\nenumerated in Section 571 of Title 57 of the Oklahoma Statutes,\n\nwithin ten (10) years of the date following the completion of the\n\nexecution of the sentence, and against whom the district attorney\n\nseeks to enhance punishment pursuant to this section of law, is\n\npunishable by imprisonment in the custody of the Department of\n\nCorrections for a term in the range of twenty (20) years to life\n\nimprisonment. Felony offenses relied upon shall not have arisen out\n\nof the same transaction or occurrence or series of events closely\n\nrelated in time and location. Nothing in this section shall\n\nabrogate or affect the punishment by death in all crimes now or\n\nhereafter made punishable by death.\n\nC. Every person who, having been twice convicted of felony\n\noffenses, commits a subsequent felony offense within ten (10) years\n\nof the date following the completion of the execution of the\n\nsentence, and against whom the district attorney seeks to enhance\n\npunishment pursuant to this section of law, is punishable by\n\nimprisonment in the custody of the Department of Corrections for a\n\nterm in the range of three times the minimum term for a first time\n\noffender to life imprisonment. If the subsequent felony offense\n\ndoes not carry a minimum sentence as a first time offender, the\n\nperson is punishable by imprisonment in the custody of the\n\nDepartment of Corrections for a term in the range of four (4) years\n\nto life imprisonment. Felony offenses relied upon shall not have\n\narisen out of the same transaction or occurrence or series of events\n\nclosely related in time and location. Nothing in this section shall\n\nabrogate or affect the punishment by death in all crimes now or\n\nhereafter made punishable by death.\n\nD. A previous conviction for possession of a controlled\n\ndangerous substance pursuant to Section 2-402 of Title 63 of the\noffenses relied upon shall not have\n\narisen out of the same transaction or occurrence or series of events\n\nclosely related in time and location. Nothing in this section shall\n\nabrogate or affect the punishment by death in all crimes now or\n\nhereafter made punishable by death.\n\nD. A previous conviction for possession of a controlled\n\ndangerous substance pursuant to Section 2-402 of Title 63 of the\n\nOklahoma Statutes, or the equivalent law for possession of a\n\ncontrolled dangerous substance from any other jurisdiction, may not\n\nbe used to enhance punishment pursuant to this section of law.\n\nE. Every person who, having previously been convicted of a\n\nfelony other than a felony enumerated in Section 571 of Title 57 of\n\nthe Oklahoma Statutes, is convicted of a second or subsequent felony\n\nfor:\n\n1. Uttering a subscription on instrument as that of one with\n\nthe same name, as provided in Section 1592 of this title;\n\n2. Receiving or concealing stolen property, as provided in\n\nSection 1713 of this title;\n\n3. False personation of another, as provided in Section 1531 of\n\nthis title;\n\n4. Unauthorized use of a motor vehicle, as provided in Section\n\n4-102 of Title 47 of the Oklahoma Statutes;\n\n5. Grand larceny, as provided in Section 1705 of this title;\n\n6. False declaration of ownership to a pawnbroker, as provided\n\nin Section 1512 of Title 59 of the Oklahoma Statutes;\n\n7. Forgery in the second degree, as provided in Section 1577 of\n\nthis title;\n\n8. Receiving, possessing or concealing a stolen vehicle, as\n\nprovided in Section 4-103 of Title 47 of the Oklahoma Statutes; or\n\n9. Larceny of merchandise from a retailer, as provided in\n\nSection 1731 of this title,\n\nis punishable by imprisonment in the custody of the Department of\n\nCorrections for a term of not more than twice the maximum sentence\n\nthat could have been imposed for a first conviction of the current\n\noffense.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"359b093b854661ac877557a934b05394de9e5e5c8d2d10de307130ed467091bf","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-505","next":"us-ok/okla.-stat.-tit.-21-21-51.1a"},"notice":"GroundRules: Original legal text. Not legal advice."}