Okla. Stat. » Title 21 — CRIMES AND PUNISHMENTS
Oklahoma Statutes

Okla. Stat. tit. 21, § 3 (2026)

Crime and public offense defined

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A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon conviction, either of the following punishments: 1. Death; 2. Imprisonment; 3. Fine; 4. Removal from office; or

5. Disqualification to hold and enjoy any office of honor, trust, or profit, under this state. R.L. 1910, § 2084. Amended by Laws 1997, c. 133, § 10, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 1, eff. July 1, 1999. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 10 from July 1, 1998, to July 1, 1999.

Notes of Decisions
Cited in 14 cases, 1968–2020 · leading case: McHam v. State, 2005 OK CR 28, 126 P.3d 662.
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McHam v. State, 2005 OK CR 28, 126 P.3d 662. · cites it 2× “21 O.S.2001, §§ 3, 7; 22 O.S.2001, §§ 10, 11.”
Whirlpool Corp. v. Henry, 2005 OK CR 7, 110 P.3d 83. · cites it 2× “21 O.S.2001, § 3. 12 . 21 O.S.2001, § 21 (‘‘Where the performance of an act is prohibited by any statute, and no penalty for the violation of such statute is imposed in any statute, the doing of such act is a misdemeanor”); and 21 O.”
State v. Keefe, 2017 OK CR 3, 394 P.3d 1272. · cites it 2× “It is absurd that a police officer would have less authority to make a citizen's arrest when the officer happens to be wearing the uniform of his profession and/or driving an official vehicle while outside the jurisdiction of his commission.”
McCormack v. Town of Granite, 913 P.2d 278 (Okla. 1995). · cites it 3× “Town also points to 21 O.S.1991 § 3, which defines a crime as an act or omission forbidden by law which carries a punishment of death, imprisonment, fine, disqualification to hold office, or removal from office, (emphasis added) Town asserts that because removal from office is…”
State ex rel. Grand Jury of McCurtain Cnty. v. Pate, 572 P.2d 226 (Okla. 1977). “The legislature has seen fit to define the word “crime” in 21 O.S.1971 § 3: “A crime or public offense is an act or omission forbidden by law, and to which *229 is annexed, upon conviction, either of the following punishments: 1.”
Holt v. State, 774 P.2d 476 (Okla. Crim. App. 1989). “See 21 O.S.1981, § 3. On the basis of the fore *478 going, we hold that the violation of a protective order under 22 O.”
Sharpe v. State ex rel. Oklahoma Bar Ass'n, 448 P.2d 301 (Okla. Ct. Jud. 1968). “Sharpe contends that 21 O.S.1961, § 3 defines a crime or public offense.”
Swanson v. City of Tulsa, 633 P.2d 1256 (Okla. Crim. App. 1981). “21 O.S.1971, § 3. Further, this Court has made it clear that due process of law requires that criminal statutes and ordinances be drawn with reasonable specificity in order to inform persons of the conduct that is forbidden.”
City of St. Paul v. Whidby, 203 N.W.2d 823 (Minn. 1972). “1955); Okla. Stat. Ann. tit. 21, § 3 , and tit. 22, §§ 10 and 836 (1971); Ore.”
Thompson v. State, 453 P.2d 314 (Okla. Crim. App. 1969). “For a public offense; committed or attempted in his presence * * * ’ *317 A public offense is defined in Title 21 O.S. § 3, as: 'A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon conviction, either of the following- punishments: 1.”
Houghton v. City of Wewoka, 753 P.2d 933 (Okla. Crim. App. 1988). “The violation of the municipal ordinance in this case, which resulted in appellant being fined, is the equivalent of a criminal misdemeanor under 21 O.”
Francis v. State, 2020 OK CR 17, 474 P.3d 372. “'" ¶3 But what is an "offense," after all, but an " act or omission forbidden by law" and punishable upon conviction? 21 O.S.2011, § 3. Section 130 addresses itself to "an act charged as a public offense " when providing that "conviction or acquittal thereof " in another state…”
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