A. Upon a conviction for any misdemeanor punishable by imprisonment in any jail, in relation to which no fine is prescribed by law, the court or a jury may impose a fine on the offender not exceeding One Thousand Dollars ($1,000.00) in addition to the imprisonment prescribed. B. Upon a conviction for any felony punishable by imprisonment in any jail or prison, in relation to which no fine is prescribed by law, the court or a jury may impose a fine on the offender not exceeding Ten Thousand Dollars ($10,000.00) in addition to the imprisonment prescribed. R.L. 1910, § 2812. Amended by Laws 1983, c. 75, § 1, emerg. eff. April 29, 1983; Laws 1993, c. 51, § 1, eff. Sept. 1, 1993; Laws 1997, c. 133, § 16, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 7, eff. July 1, 1999. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 16 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in
9
cases (
3 in the last 5 years), 1957–2024 · leading case:
Metoyer v. State, 2022 OK CR 27 (Okla. Crim. App. 2022).
Metoyer v. State, 2022 OK CR 27 (Okla. Crim. App. 2022).
· cites it 8× “¶7 In the present case, the jury assessed and declared Appellant's sentence at the conclusion of the bifurcated sentencing stage. No objection was made to the jury's sentencing verdict when it was returned.”
Brown v. State, 314 P.2d 362 (Okla. Crim. App. 1957).
· cites it 6× “The trial court, under such circumstances, in the apparent belief that the evidence justified a much greater penalty, in addition to the prison term assessed the fine, acting, no doubt, under the provisions of 21 O.S.1951 § 64, which provides: “Upon a conviction for any crime…”
Owens v. State, 2010 OK CR 1 (Okla. Crim. App. 2010).
· cites it 2× “In 1957 the aggravated assault statute was amended to reflect "great" rather than "serious" bodily injury, 21 O.S.Supp. 1957, § 64, defining, for the purpose of aggravated assault, "great bodily injury" as: "bone fracture, protracted and obvious disfigurement, protracted loss or…”
State v. Claborn, 870 P.2d 169 (Okla. Crim. App. 1994).
· cites it 2× “1957), which addressed the relationship between section 926 and 21 O.S.Supp. 1983, § 64. The 1951 version of section 64 provided as follows: [5] Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed,…”
Fite v. State, 873 P.2d 293 (Okla. Crim. App. 1994).
“It is my belief that 21 O.S.1991, § 64 is a general punishment provision which, in the absence of a specific fine, should be given to the jury as part of the punishment option.”
Washburne v. State, 2024 OK CR 9 (Okla. Crim. App. 2024).
· cites it 2× “3d at 1164-65 (footnote omitted) (citing 21 O.S.2021, § 64; 22 O.S.2021, § 926.1).”
Daniels v. State, 2016 OK CR 2 (Okla. Crim. App. 2016).
· cites it 4× “¶6 The fine for shooting with intent to kill is found in 21 O.S.2011, § 64, which permits a fine up to $10,000.”
Thomas v. Nunn (N.D. Okla. 2021).
“Because neither statute’s punishment provision provides for a fine, the more general criminal fine provision found in Okla. Stat. tit. 21, § 64 (B) applies. Section 64(B) provides, in relevant part, that “[u]pon conviction for any felony punishable by imprisonment in jail or…”
Garrison v. Saffle, 5 F. App'x 823 (10th Cir. 2001).
“Garrison conceded that he could be fined up to $10,000 on each count based upon Okla.Stat.Ann. tit. 21, § 64 (1983 & Supp.”
— Okla. Stat. tit. 21, § 64(B) — 1 case
Metoyer v. State, 2022 OK CR 27 (Okla. Crim. App. 2022).
“¶7 In the present case, the jury assessed and declared Appellant's sentence at the conclusion of the bifurcated sentencing stage. No objection was made to the jury's sentencing verdict when it was returned.”
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