For purposes of the Oklahoma Victim's Rights Act: 1. "Crime victim" or "victim" means any person against whom a crime or delinquent act was committed or a person directly and proximately harmed by the commission of a crime or delinquent act, except homicide, in which case the victim may be a surviving family member including a stepbrother, stepsister or stepparent, or the estate when there are no surviving family members other than the defendant, and who, as a direct result of the crime, suffers injury, loss of earnings, out-of-pocket expenses, or loss or damage to property, and who is entitled to restitution from an offender pursuant to an order of restitution imposed by a sentencing court under the laws of this state. The term "victim" does not include the accused or a person whom the court finds would not act in the best interests of a person who is deceased or incompetent, a minor or an incapacitated victim; 2. "Injury" means any physical, mental, or emotional harm caused by the conduct of an offender and includes the expenses incurred for medical, psychiatric, psychological, or generally accepted remedial treatment of the actual bodily or mental harm, including pregnancy and death, directly resulting from a crime and aggravation of existing physical injuries, if additional losses can be attributed to the direct result of the crime; 3. "Loss of earnings" means the deprivation of earned income or of the ability to earn previous levels of income as a direct result of a crime and the loss of the cash equivalent of Social Security, railroad retirement, pension plan, retirement plan, disability, veteran's retirement, court-ordered child support or court-ordered spousal support, where the payment is the primary source of the victim's income, and where the victim is deprived of the money as a direct result of the crime; 4. "Members of the immediate family" means the spouse, a child by birth or adoption, a stepchild, a parent by birth or adoption, a stepparent, a grandparent, a grandchild, a sibling, or a stepsibling of each victim; 5. "Out-of-pocket loss" means the unreimbursed and nonreimbursable expenses or indebtedness incurred for medical care, nonmedical care, or other services necessary for the treatment of the actual bodily or mental harm, including pregnancy and funeral
expenses, directly resulting from the crime and aggravation of existing physical injuries, if additional losses can be attributed directly to the crime; the unreimbursed and nonreimbursable expenses for damage to real and personal property as a direct result of the crime, and unreimbursed and nonreimbursable economic losses incurred as a consequence of participation in prosecution and proceedings related to the crime; 6. "Property" means any real or personal property; 7. "Restitution" means the return of property to the crime victim or payments in cash or the equivalent thereof, and payment in cash or the equivalent thereof as reparation for injury, loss of earnings, and out-of-pocket loss ordered by the court in the disposition of a criminal proceeding; 8. "Victim impact statements" means information about the financial, emotional, psychological, and physical effects of a violent crime on each victim and members of their immediate family, or person designated by the victim or by family members of the victim and includes information about the victim, circumstances surrounding the crime, the manner in which the crime was perpetrated, and the opinion of the victim of a recommended sentence; and 9. "Violent crime" means any crime listed in paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes or any attempt, conspiracy or solicitation to commit any such crime or the crime of negligent homicide pursuant to Section 11-903 of Title 47 of the Oklahoma Statutes or the crime of causing great bodily injury while driving under the influence of intoxicating substance pursuant to Section 11-904 of Title 47 of the Oklahoma Statutes. Added by Laws 1997, c. 357, § 2, emerg. eff. June 9, 1997. Amended by Laws 2010, c. 135, § 3, eff. Nov. 1, 2010; Laws 2014, c. 258, § 1, eff. Nov. 1, 2014; Laws 2019, c. 438, § 1, eff. Nov. 1, 2019.
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 2002–2024 · leading case:
Harris v. State, 2019 OK CR 22 (Okla. Crim. App. 2019).
Harris v. State, 2019 OK CR 22 (Okla. Crim. App. 2019).
· cites it 12× “See 21 O.S.2011, § 142A-1(1) (a "victim" in a homicide case includes "a surviving family member including a .”
Bosse v. State, 400 P.3d 834 (Okla. Crim. App. 2017).
· cites it 3× “Victim impact statements may be given in homicide cases by surviving family members including a parent by birth or adoption, a grandparent, child or stepchild, stepbrother, stepsister or stepparent, 21 O.S.2011, § 142A-1(1), (4). 7 Bosse argues that this list does not include…”
Bosse v. State, 2015 OK CR 14 (Okla. Crim. App. 2015).
· cites it 2× “Victim impact statements may be given in homicide cases by surviving family members including a parent by birth or adoption, a grandparent, child or stepchild, stepbrother, stepsister or stepparent, 21 O.S.2011, § 142A-1(1), (4). 6 Bosse argues that this list does not include…”
Lockett v. Workman, 711 F.3d 1218 (10th Cir. 2013).
“In spite of this, Oklahoma law expressly authorizes the admission of victim impact testimony, including victims’ characterization of the crime and opinions as to what sentence a defendant should receive, Okla. Stat. tit. 21, § 142A-1, and the OCCA has repeatedly allowed the…”
Bush v. Carpenter, 926 F.3d 644 (10th Cir. 2019).
“This includes a rendition of the "circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion of a recommended sentence.”
Stouffer v. Trammell, 738 F.3d 1205 (10th Cir. 2013).
“VIII at 121: 17 . Oklahoma law authorizes the admission of victim impact testimony, including constitutionally prohibited evidence such as sentencing recommendations and characterization of the crime and defendant.”
Miller v. State, 313 P.3d 934 (Okla. Crim. App. 2013).
“2009, § 984(1) (same); 21 O.S.Supp. 2010, § 142A-1 (8) (revised and renumbered effective Nov.”
Bush v. State, 280 P.3d 337 (Okla. Crim. App. 2012).
“" See 21 O.S.Supp. 2010, § 142A-1, et seq. [previously 22 O.”
Swager v. State, 2024 OK CR 12 (Okla. Crim. App. 2024).
“¶19 Our review of this issue is limited to plain error because Appellant did not register an objection when D.C. read her victim impact statement at the sentencing proceeding.”
Taylor v. State, 2002 OK CR 13 (Okla. Crim. App. 2002).
“21 O.S.Supp.1997, §§ 142A-1(4), 142A-1(6).”
Bosse v. State, 2017 OK CR 10 (Okla. Crim. App. 2017).
· cites it 6× “Victim impact statements may be given in homicide cases by surviving family members including a parent by birth or adoption, a grandparent, child or stepchild, stepbrother, stepsister or stepparent, 21 O.S.2011, § 142A-1(1), (4). 7 Bosse argues that this list does not include…”
Swager v. State, 2024 OK CR 12 (Okla. Crim. App. 2024).
“¶19 Our review of this issue is limited to plain error because Appellant did not register an objection when D.C. read her victim impact statement at the sentencing proceeding.”
— Okla. Stat. tit. 21, § 142A-1(1) — 7 cases
Harris v. State, 2019 OK CR 22 (Okla. Crim. App. 2019).
“See 21 O.S.2011, § 142A-1(1) (a "victim" in a homicide case includes "a surviving family member including a .”
Bosse v. State, 400 P.3d 834 (Okla. Crim. App. 2017).
“Victim impact statements may be given in homicide cases by surviving family members including a parent by birth or adoption, a grandparent, child or stepchild, stepbrother, stepsister or stepparent, 21 O.S.2011, § 142A-1(1), (4). 7 Bosse argues that this list does not include…”
Bosse v. State, 2015 OK CR 14 (Okla. Crim. App. 2015).
“Victim impact statements may be given in homicide cases by surviving family members including a parent by birth or adoption, a grandparent, child or stepchild, stepbrother, stepsister or stepparent, 21 O.S.2011, § 142A-1(1), (4). 6 Bosse argues that this list does not include…”
Swager v. State, 2024 OK CR 12 (Okla. Crim. App. 2024).
“¶19 Our review of this issue is limited to plain error because Appellant did not register an objection when D.C. read her victim impact statement at the sentencing proceeding.”
Bosse v. State, 2017 OK CR 10 (Okla. Crim. App. 2017).
“Victim impact statements may be given in homicide cases by surviving family members including a parent by birth or adoption, a grandparent, child or stepchild, stepbrother, stepsister or stepparent, 21 O.S.2011, § 142A-1(1), (4). 7 Bosse argues that this list does not include…”
— Okla. Stat. tit. 21, § 142A-1(4) — 2 cases
Harris v. State, 2019 OK CR 22 (Okla. Crim. App. 2019).
“See 21 O.S.2011, § 142A-1(1) (a "victim" in a homicide case includes "a surviving family member including a .”
Taylor v. State, 2002 OK CR 13 (Okla. Crim. App. 2002).
“21 O.S.Supp.1997, §§ 142A-1(4), 142A-1(6).”
— Okla. Stat. tit. 21, § 142A-1(8) — 5 cases
Harris v. State, 2019 OK CR 22 (Okla. Crim. App. 2019).
“See 21 O.S.2011, § 142A-1(1) (a "victim" in a homicide case includes "a surviving family member including a .”
Bosse v. State, 400 P.3d 834 (Okla. Crim. App. 2017).
“Victim impact statements may be given in homicide cases by surviving family members including a parent by birth or adoption, a grandparent, child or stepchild, stepbrother, stepsister or stepparent, 21 O.S.2011, § 142A-1(1), (4). 7 Bosse argues that this list does not include…”
Bosse v. State, 2015 OK CR 14 (Okla. Crim. App. 2015).
“Victim impact statements may be given in homicide cases by surviving family members including a parent by birth or adoption, a grandparent, child or stepchild, stepbrother, stepsister or stepparent, 21 O.S.2011, § 142A-1(1), (4). 6 Bosse argues that this list does not include…”
Bosse v. State, 2017 OK CR 10 (Okla. Crim. App. 2017).
“Victim impact statements may be given in homicide cases by surviving family members including a parent by birth or adoption, a grandparent, child or stepchild, stepbrother, stepsister or stepparent, 21 O.S.2011, § 142A-1(1), (4). 7 Bosse argues that this list does not include…”
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