§ 51.1. Second and subsequent offenses after conviction of a felony
Oklahoma Statutes AnnotatedTitle 21. Crimes and PunishmentsEffective: November 1, 2018
Effective: November 1, 2018
21 Okl.St.Ann. § 51.1
§ 51.1. Second and subsequent offenses after conviction of a felony
A. Except as otherwise provided in the Elderly and Incapacitated Victim's Protection Program1 and Section 51.1a of this title, every person who, having been convicted of any felony, commits any crime after such conviction, within ten (10) years of the date following the completion of the execution of the sentence, and against whom the district attorney seeks to enhance punishment pursuant to this section of law, is punishable therefor as follows:
1. If the offense for which the person is subsequently convicted is an offense enumerated in Section 571 of Title 57 of the Oklahoma Statutes and the offense is punishable by imprisonment in the custody of the Department of Corrections for a term exceeding five (5) years, such person is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of ten (10) years to life imprisonment;
2. If the offense of which such person is subsequently convicted is such that upon a first conviction an offender would be punishable by imprisonment in the custody of the Department of Corrections for any term exceeding five (5) years, such person is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of twice the minimum term for a first time offender to life imprisonment. If the subsequent felony offense does not carry a minimum sentence as a first time offender, such person is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of two (2) years to life imprisonment; and
3. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the custody of the Department of Corrections for five (5) years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding ten (10) years.
B. Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense which is an offense enumerated in Section 571 of Title 57 of the Oklahoma Statutes, within ten (10) years of the date following the completion of the execution of the sentence, and against whom the district attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of twenty (20) years to life imprisonment. Felony offenses relied upon shall not have arisen out of the same transaction or occurrence or series of events closely related in time and location. Nothing in this section shall abrogate or affect the punishment by death in all crimes now or hereafter made punishable by death.
C. Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense within ten (10) years of the date following the completion of the execution of the sentence, and against whom the district attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of three times the minimum term for a first time offender to life imprisonment. If the subsequent felony offense does not carry a minimum sentence as a first time offender, the person is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of four (4) years to life imprisonment. Felony offenses relied upon shall not have arisen out of the same transaction or occurrence or series of events closely related in time and location. Nothing in this section shall abrogate or affect the punishment by death in all crimes now or hereafter made punishable by death.
D. A previous conviction for possession of a controlled dangerous substance pursuant to Section 2-402 of Title 63 of the Oklahoma Statutes, or the equivalent law for possession of a controlled dangerous substance from any other jurisdiction, may not be used to enhance punishment pursuant to this section of law.
Credits
1999, 1st Ex.Sess., c. 5, § 434, eff. July 1, 1999; Laws 2001, c. 437, § 3, eff. July 1, 2001; Laws 2002, c. 455, § 1, emerg. eff. June 5, 2002; Laws 2018, c. 126, § 1, eff. Nov. 1, 2018.
Footnotes
Title 22, § 991a-13 et seq.
21 Okl. St. Ann. § 51.1, OK ST T. 21 § 51.1
Current with emergency effective legislation through Chapter 347 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document |