{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1090.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1090.3","heading":"Sentencing or accepting plea of a domestic abuse","body":"survivor — Mitigating factor — Departure.\n\nA. During a hearing to:\n\n1. Sentence a person; or\n\n2. Accept a plea of guilty,\n\nfor a person who is a survivor of domestic violence and has been\n\ncharged with a crime, the court shall consider as a mitigating\n\nfactor that the person has been abused physically, sexually, or\n\npsychologically by the person’s sexual partner, family member or\n\nmember of the household, the trafficker of the person, or other\n\nindividual who used the person for financial gain.\n\nB. The defendant shall provide to the court evidence including\n\nbut not limited to:\n\n1. Documentary evidence corroborating that the defendant was,\n\nat the time of the offense, a victim of domestic violence; and\n\n2. At least one piece of documentary evidence that is a court\n\nrecord, presentence report, social services record, hospital record,\n\nsworn statement from a witness to the domestic violence or abuse who\n\nis not the defendant, law enforcement record, domestic incident\n\nreport, or protective order.\n\nOther evidence may include, but not be limited to, local jail\n\nrecords or records of the Department of Corrections, documentation\n\nprepared at or near the time of the commission or prosecution of the\n\noffense tending to support the claims of the defendant, or\n\nverification of consultation with a licensed medical care provider\n\nor mental health care provider, employee of a court acting within\n\nthe scope of his or her employment, member of the clergy, attorney,\n\nsocial worker, rape crisis counselor, or other advocate acting on\n\nbehalf of an agency that assists victims of domestic violence or\n\nabuse. Expert testimony from a psychiatrist, psychologist, or\n\nmental health professional showing that the defendant has been\n\ndiagnosed with post-traumatic stress disorder as a result of the\n\nviolence or abuse at issue may also be submitted to the court as\n\nevidence.\n\nC. If the court finds by clear and convincing evidence that at\n\nthe time of the offense the defendant was a survivor of domestic\n\nviolence or subjected to physical, sexual, or psychological abuse\n\ninflicted by a sexual partner, a family member or member of the\n\nhousehold, the trafficker of the defendant, or any person who used\n\nthe defendant for financial gain, and that the violence or abuse was\n\nrelated to and was a substantial contributing factor in causing the\n\ndefendant to commit the offense or to the defendant’s criminal\n\nbehavior, the court shall depart from the applicable sentence to the\n\nranges provided as follows:\n\n1. Sentences of life without the possibility of parole shall be\n\nreduced to thirty (30) years or less;\n\n2. Sentences of life with the possibility of parole shall be\n\nreduced to twenty-five (25) years or less;\n\n3. Sentences of thirty (30) years or more shall be reduced to\n\ntwenty (20) years or less;\n\n4. Sentences of twenty (20) years or more shall be reduced to\n\nfifteen (15) years or less;\n\n5. Sentences of fifteen (15) years or more shall be reduced to\n\nseven and one-half (7 1/2) years or less; and\n\n6. Sentences of eight (8) years or more shall be reduced to\n\nfive (5) years or less.\n\nD. If the offense is one listed in Section 571 of Title 57 of\n\nthe Oklahoma Statutes, the defendant must prove by clear and\n\nconvincing evidence that either the victim was the perpetrator of\n\nthe domestic violence, physical, sexual, or psychological abuse by a\n\nsexual partner, a family or household member, the trafficker of the\n\ndefendant, or a person who used the defendant for financial gain, or\n\nthe offense was coerced by the perpetrator.\n\nE. The provisions of this section shall not apply to a person\n\nconvicted of:\n\n1. An offense that would require the person to register as a\n\nsex offender;\n\n2. An attempt or conspiracy to commit an offense that would\n\nrequire the person to register as a sex offender;\n\n3. An offense specified in subsection A of Section 843.3 of\ndant for financial gain, or\n\nthe offense was coerced by the perpetrator.\n\nE. The provisions of this section shall not apply to a person\n\nconvicted of:\n\n1. An offense that would require the person to register as a\n\nsex offender;\n\n2. An attempt or conspiracy to commit an offense that would\n\nrequire the person to register as a sex offender;\n\n3. An offense specified in subsection A of Section 843.3 of\n\nTitle 21 of the Oklahoma Statutes;\n\n4. An offense specified in subsection A of Section 843.5 of\n\nTitle 21 of the Oklahoma Statutes; or\n\n5. An offense for which the person has received a sentence of\n\ndeath.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7304803ef844f0d108da463a2141e815ddb7ed752c4faf1a79a246c7563c290c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1090.2","next":"us-ok/okla.-stat.-tit.-22-22-1090.4"},"notice":"GroundRules: Original legal text. Not legal advice."}