Except in cases where a different punishment is prescribed by law, an accessory to a felony is punishable as follows: 1. If the underlying offense is a felony punishable by imprisonment in the penitentiary for four (4) years or more, the person guilty of being an accessory shall be subject to imprisonment in the penitentiary for a term not exceeding one-half (1/2) of the longest term prescribed upon a conviction for the underlying offense; 2. If the underlying offense is a felony punishable by imprisonment in the penitentiary for any time less than four (4) years, the person guilty of being an accessory shall be subject to imprisonment in a county jail for not more than one (1) year; 3. If the underlying offense be punishable by a fine only, the person guilty of being an accessory shall be subject to a fine not exceeding one-half (1/2) of the largest amount of money which may be imposed as a fine upon a conviction of the underlying offense; 4. If the underlying offense be punishable by both imprisonment and a fine, the offender convicted of being an accessory shall be subject to both imprisonment and fine, not exceeding one-half (1/2) of the longest term of imprisonment and one-half (1/2) of the largest fine which may be imposed upon a conviction of the underlying offense; and 5. If the underlying offense be murder in the first degree, the accessory thereto shall be guilty of a Class A2 felony offense and shall be punished by imprisonment for not less than five (5) years nor more than forty-five (45) years. If the underlying offense be
murder in the second degree, the accessory thereto shall be guilty of a Class B1 felony offense and shall be punished by imprisonment for not less than five (5) years nor more than twenty-five (25) years. R.L.1910, § 2107. Amended by Laws 1988, c. 109, § 22, eff. Nov. 1, 1988; Laws 1997, c. 133, § 154, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 74, eff. July 1, 1999; Laws 2004, c. 275, § 2, eff. July 1, 2004; Laws 2025, c. 486, § 15, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 154 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 2013–2025 · leading case:
State v. Tubby, 2016 OK CR 17 (Okla. Crim. App. 2016).
State v. Tubby, 2016 OK CR 17 (Okla. Crim. App. 2016).
· cites it 2× “Appellees requested an instruction for Accessory to First Degree Felony Murder (21 O.S.2011, § 175(5)) as a lesser offense to the charged offense.”
Ashton v. State, 400 P.3d 887 (Okla. Crim. App. 2017).
“Certainly, Goff would have tended to incriminate herself if she admitted that she had driven Appellant away from the scene and, thus, helped him avoid or escape arrest.”
Miller v. State, 313 P.3d 934 (Okla. Crim. App. 2013).
“The "Notes on Use" for this instruction state that "[this Instruction should be given if two or more charges against the same defendant are tried together.”
Ashton v. State, 2017 OK CR 15 (Okla. Crim. App. 2017).
· cites it 2× “21 O.S.2011, § 175. The prosecutor specifically mentioned this offense when she sought to protect Goff's rights at the pre-trial evidentiary hearing.”
State v. Tubby, 2016 OK CR 17 (Okla. Crim. App. 2016).
· cites it 2× “Appellees requested an instruction for Accessory to First Degree Felony Murder (21 O.S.2011, § 175(5)) as a lesser offense to the charged offense.”
Riles v. Prater (W.D. Okla. 2022).
“Plaintiff also cites to certain Oklahoma criminal statutes as a basis for his claims, Okla. Stat. tit. 21 §§ 175, 463, 500, and 504.”
Bethel v. Crow (N.D. Okla. 2025).
“While Roberts was handing over his cell phone and wallet to the man with the gun, Jarrett got out of the backseat of Ivory’s 5 After Bethel’s trial, Williams pleaded guilty to an amended count of accessory after the fact, in violation of Okla. Stat. tit. 21, § 175 , and the…”
— Okla. Stat. tit. 21, § 175(5) — 3 cases
State v. Tubby, 2016 OK CR 17 (Okla. Crim. App. 2016).
“Appellees requested an instruction for Accessory to First Degree Felony Murder (21 O.S.2011, § 175(5)) as a lesser offense to the charged offense.”
Miller v. State, 313 P.3d 934 (Okla. Crim. App. 2013).
“The "Notes on Use" for this instruction state that "[this Instruction should be given if two or more charges against the same defendant are tried together.”
State v. Tubby, 2016 OK CR 17 (Okla. Crim. App. 2016).
“Appellees requested an instruction for Accessory to First Degree Felony Murder (21 O.S.2011, § 175(5)) as a lesser offense to the charged offense.”
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