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

Okla. Stat. tit. 21, § 5 (2026)

Felony defined

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A felony is a crime which is, or may be, punishable with death, or by imprisonment in the penitentiary. R.L. 1910, § 2086. Amended by Laws 1997, c. 133, § 11, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 2, eff. July 1, 1999. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 11 from July 1, 1998, to July 1, 1999.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1966–2025 · leading case: Hardin v. State, 649 P.2d 799 (Okla. Crim. App. 1982).
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Hardin v. State, 649 P.2d 799 (Okla. Crim. App. 1982). “See 21 O.S.1981, § 5. The Oklahoma Supreme Court held in Braly v.”
Jones v. State, 23 A.3d 880 (Md. 2011). “§ 14-1 (2009); Okla. Stat. tit. 21, § 5 (West 2002); S.D.”
State v. Cooper, 573 P.2d 1006 (Kan. 1977). “” Okla. Stat. Ann. tit. 21, § 5 . “The following persons are liable to punishment under the laws of this State: “1.”
United States v. Maxwell, 492 F. App'x 860 (10th Cir. 2012). “In particular, he cites Okla. Stat. tit. 21 § 5, which provides that a “felony is a crime which is, or may be, punishable with death, or by imprisonment in the penitentiary,” and Okla.”
O'ROURKE v. City of Norman, 640 F. Supp. 1451 (W.D. Okla. 1986). “Before 1984 there was no maximum fine or period of imprisonment for contempt, and there was nothing to prevent a court from sentencing a defendant convicted of contempt to a term of imprisonment in the State Prison.”
State ex rel. Dep't of Human Servs. ex rel. Jones v. Baggett, 1999 OK 68, 990 P.2d 235. “21 O.S.1991, § 5 provides, "[a] felony is a crime which is, or may be, punishable with death, or by imprisonment in the penitentiary.”
Titsworth v. Mullin, 415 F. App'x 28 (10th Cir. 2011). “In CRF-93-978, Titsworth was convicted of larceny of merchandise valued under $500, which is not a felony unless the defendant has already been twice convicted of larceny of merchandise. See § 1731. In CRF-93-1017, Titsworth was convicted of attempted grand larceny of…”
Davie v. State, 414 P.2d 1000 (Okla. Crim. App. 1966). “In that case the Oklahoma Supreme Court said, at page 776 of the reporter: “Our statute, 21 O.S.1951, § 5, includes in the definition of a felony,, any crime which is, or may be, punishable by imprisonment in the state prison.”
Lee v. State, 485 P.2d 482 (Okla. Crim. App. 1971). “See 21 O.S.1961, §§ 5 and 54. We have reviewed the record concerning the testimony of the prosecutrix, and conclude that her testimony was not contradictory, uncertain or improbable.”
State ex rel. DHS v. Baggett, 1999 OK 68, 990 P.2d 235. “[16] 21 O.S.1991, § 5 provides, "[a] felony is a crime which is, or may be, punishable with death, or by imprisonment in the penitentiary.”
Hughes v. Oklahoma State Election Bd., 413 P.2d 543 (Okla. 1966). “” Petitioner argues that the prohibitory proviso is applicable only to a conviction of a felony in an Oklahoma State court and is not applicable to a federal court conviction.”
Fooks v. State, 337 A.3d 83 (Md. 2025). “§ 14-1 ; Okla. Stat. Ann. tit. 21, § 5 ; S.D. Codified Laws § 22-1-4 ; Tex.”
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