{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-701.7","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-701.7","heading":"Murder in the first degree","body":"A. A person commits murder in the first degree when that person\n\nunlawfully and with malice aforethought causes the death of another\n\nhuman being. Malice is that deliberate intention unlawfully to take\n\naway the life of a human being, which is manifested by external\n\ncircumstances capable of proof.\n\nB. A person also commits the crime of murder in the first\n\ndegree, regardless of malice, when that person or any other person\n\ntakes the life of a human being during, or if the death of a human\n\nbeing results from, the commission or attempted commission of murder\n\nof another person, shooting or discharge of a firearm or crossbow\n\nwith intent to kill, intentional discharge of a firearm or other\n\ndeadly weapon into any dwelling or building as provided in Section\n\n1289.17A of this title, forcible rape, robbery with a dangerous\n\nweapon, kidnapping, escape from lawful custody, eluding an officer,\n\nfirst degree burglary, first degree arson, unlawful distributing or\n\ndispensing of controlled dangerous substances or synthetic\n\ncontrolled substances, trafficking in illegal drugs, or\n\nmanufacturing or attempting to manufacture a controlled dangerous\n\nsubstance.\n\n1. Except as provided in paragraph 3 of this subsection, the\n\nterm \"synthetic controlled substance\" means a substance:\n\na. the chemical structure of which is substantially\n\nsimilar to the chemical structure of a controlled\n\nsubstance in Schedule I or II,\n\nb. which has a stimulant, depressant, or hallucinogenic\n\neffect on the central nervous system that is\n\nsubstantially similar to or greater than the\n\nstimulant, depressant, or hallucinogenic effect on the\n\ncentral nervous system of a controlled substance in\n\nSchedule I or II, or\n\nc. with respect to a particular person, which such person\n\nrepresents or intends to have a stimulant, depressant,\n\nor hallucinogenic effect on the central nervous system\n\nthat is substantially similar to or greater than the\n\nstimulant, depressant, or hallucinogenic effect on the\n\ncentral nervous system of a controlled substance in\n\nSchedule I or II.\n\n2. The designation of gamma butyrolactone does not preclude a\n\nfinding pursuant to paragraph 1 of this subsection that the chemical\n\nis a synthetic controlled substance.\n\n3. Such term does not include:\n\na. a controlled substance,\n\nb. any substance for which there is an approved new drug\n\napplication,\n\nc. with respect to a particular person any substance, if\n\nan exemption is in effect for investigational use, for\n\nthat person, under Section 505 of the Federal Food,\n\nDrug, and Cosmetic Act (21 U.S.C. 355) to the extent\n\nconduct with respect to such substance is pursuant to\n\nsuch exemption, or\n\nd. any substance to the extent not intended for human\n\nconsumption before such an exemption takes effect with\n\nrespect to that substance.\n\nC. A person commits murder in the first degree when the death\n\nof a child results from the willful or malicious injuring,\n\ntorturing, maiming or using of unreasonable force by said person or\n\nwho shall willfully cause, procure or permit any of said acts to be\n\ndone upon the child pursuant to Section 843.5 of this title. It is\n\nsufficient for the crime of murder in the first degree that the\n\nperson either willfully tortured or used unreasonable force upon the\n\nchild or maliciously injured or maimed the child.\n\nD. A person commits murder in the first degree when that person\n\nunlawfully and with malice aforethought solicits another person or\n\npersons to cause the death of a human being in furtherance of\n\nunlawfully manufacturing, distributing or dispensing controlled\n\ndangerous substances, as defined in the Uniform Controlled Dangerous\n\nSubstances Act, unlawfully possessing with intent to distribute or\n\ndispense controlled dangerous substances, or trafficking in illegal\n\ndrugs.\n\nE. A person commits murder in the first degree when that person\n\nintentionally causes the death of a law enforcement officer,\nfully manufacturing, distributing or dispensing controlled\n\ndangerous substances, as defined in the Uniform Controlled Dangerous\n\nSubstances Act, unlawfully possessing with intent to distribute or\n\ndispense controlled dangerous substances, or trafficking in illegal\n\ndrugs.\n\nE. A person commits murder in the first degree when that person\n\nintentionally causes the death of a law enforcement officer,\n\ncorrectional officer, or corrections employee while the officer or\n\nemployee is in the performance of official duties.\n\nF. A person who violates any of the provisions provided for in\n\nthis section shall, upon conviction, be guilty of a Class Y felony\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":"d1d373573388f91a55ba42035111ed23d181558d03b5ca5cbc1ae62f4aaa0381","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-701.16","next":"us-ok/okla.-stat.-tit.-21-21-701.8"},"notice":"GroundRules: Original legal text. Not legal advice."}
