{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-701.10","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-701.10","heading":"Sentencing proceeding - Murder in the first degree -","body":"State seeking death penalty.\n\nA. Upon conviction or adjudication of guilt of a defendant of\n\nmurder in the first degree, wherein the state is seeking the death\n\npenalty, the court shall conduct a separate sentencing proceeding to\n\ndetermine whether the defendant should be sentenced to death, life\n\nimprisonment without parole or life imprisonment. The proceeding\n\nshall be conducted by the trial judge before the same trial jury as\n\nsoon as practicable without presentence investigation.\n\nB. If the trial jury has been waived by the defendant and the\n\nstate, or if the defendant pleaded guilty or nolo contendere, the\n\nsentencing proceeding shall be conducted before the court.\n\nC. In the sentencing proceeding, evidence may be presented as\n\nto any mitigating circumstances or as to any of the aggravating\n\ncircumstances enumerated in Section 701.7 et seq. of this title.\n\nOnly such evidence in aggravation as the state has made known to the\n\ndefendant prior to his trial shall be admissible. In addition, the\n\nstate may introduce evidence about the victim and about the impact\n\nof the murder on the family of the victim.\n\nD. This section shall not be construed to authorize the\n\nintroduction of any evidence secured in violation of the\n\nConstitutions of the United States or of the State of Oklahoma. The\n\nstate and the defendant or his counsel shall be permitted to present\n\nargument for or against sentence of death.","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":"b05c421b7fdcb570e5eec46c8ab3044c7015c04149c3eb1f77d2eac1ac283f0a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-7","next":"us-ok/okla.-stat.-tit.-21-21-701.10-1"},"notice":"GroundRules: Original legal text. Not legal advice."}