A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof. B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance. 1. Except as provided in paragraph 3 of this subsection, the term "synthetic controlled substance" means a substance: a. the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II, b. which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II, or c. with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system
that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II. 2. The designation of gamma butyrolactone does not preclude a finding pursuant to paragraph 1 of this subsection that the chemical is a synthetic controlled substance. 3. Such term does not include: a. a controlled substance, b. any substance for which there is an approved new drug application, c. with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption, or d. any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance. C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 843.5 of this title. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child. D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs. E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer, correctional officer, or corrections employee while the officer or employee is in the performance of official duties. F. A person who violates any of the provisions provided for in this section shall, upon conviction, be guilty of a Class Y felony offense. Added by Laws 1976, 1st Ex.Sess., c. 1, § 1, eff. July 24, 1976. Amended by Laws 1982, c. 279, § 1, operative Oct. 1, 1982; Laws 1989, c. 259, § 1, emerg. eff. May 19, 1989; Laws 1996, c. 161, § 1, eff. Nov. 1, 1996; Laws 1997, c. 386, § 23, emerg. eff. June 10,
1997; Laws 1998, c. 5, § 11, emerg. eff. March 4, 1998; Laws 2004, c. 520, § 2, eff. Nov. 1, 2004; Laws 2006, c. 186, § 2, eff. July 1, 2006; Laws 2009, c. 234, § 120, emerg. eff. May 21, 2009; Laws 2012, c. 128, § 1, eff. Nov. 1, 2012; Laws 2012, c. 208, § 1, eff. Nov. 1, 2012; Laws 2025, c. 486, § 1, eff. Jan. 1, 2026. NOTE: Laws 1989, c. 253, § 1 repealed by Laws 1989, c. 353, § 14, emerg. eff. June 3, 1989. Laws 1997, c. 324, § 1 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.
Notes of Decisions
Cited in
626
cases (
49 in the last 5 years), 1978–2026 · leading case:
Fairchild v. State, 1999 OK CR 49 (Okla. Crim. App. 2000).
Fairchild v. State, 1999 OK CR 49 (Okla. Crim. App. 2000).
· cites it 30× “7(A) only, is not synonymous with, and should not be confused with, the ordinary definition of "malice" and "maliciously" used in such expressions as "malicious mischief.”
Gilson v. Sirmons, 520 F.3d 1196 (10th Cir. 2008).
· cites it 16× “7(C) the Legislature has merely created another way of committing first degree murder.”
Primeaux v. State, 2004 OK CR 16 (Okla. Crim. App. 2004).
· cites it 14× “Even though the State may charge Robbery by Force, even if a knife is used, it is clear here that the State intended the underlying felony to be the enumerated felony of Robbery with a Dangerous Weapon.”
Gilson v. State, 2000 OK CR 14 (Okla. Crim. App. 2000).
· cites it 13× “7(C) the Legislature has merely created another way of committing first degree murder.”
Runnels v. State, 2018 OK CR 27 (Okla. Crim. App. 2018).
· cites it 8× “1 The jury recommended as punishment imprisonment for life without the possibility of parole and a $10,000.00 fine in Count 1 and imprisonment for ten (10) years and a $5,000.”
Torres v. Mullin, 317 F.3d 1145 (10th Cir. 2003).
· cites it 6× “Morales with malice aforethought, in violation of Okla. Stat. tit. 21, § 701.7 (A). In the alternative, the information alleged that the defendants had committed felony murder, in violation of Okla.”
Hogan v. State, 2006 OK CR 19 (Okla. Crim. App. 2006).
· cites it 4× “See OUJI-CR2d 4-61; see also 21 O.S.2001, § 701.7 ("A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being.”
Fairchild v. Workman, 579 F.3d 1134 (10th Cir. 2009).
· cites it 4× “Fairchild was convicted by an Oklahoma County jury of one count of first degree murder pursuant to Okla. Stat. tit. 21, § 701.7 (C) (1991), [1] and the trial court entered judgment on February 2, 1996.”
Powell v. State, 906 P.2d 765 (Okla. Crim. App. 1995).
· cites it 8× “[1] Powell was convicted of Murder in the first degree (21 O.S.Supp. 1989, § 701.7). The jury found two (2) aggravating circumstances [2] and recommended death.”
Drew v. State, 771 P.2d 224 (Okla. Crim. App. 1989).
· cites it 8× “In her second assignment of error, the appellant makes several attacks on the constitutionality of 21 O.S.Supp. 1982, § 701.7(C). This section, along with 21 O.”
Warner v. State, 2006 OK CR 40 (Okla. Crim. App. 2006).
· cites it 4× “¶ 1 Appellant Charles Frederick Warner was tried by jury and convicted of First Degree Murder (Child Abuse) (Count I) (21 O.S.1991, §§ 701.7 and 843) and First Degree Rape (Count II) (21 O.”
Jones v. State, 2006 OK CR 17 (Okla. Crim. App. 2006).
· cites it 6× “¶ 1 Wesley Deion Jones was tried by jury and convicted of Count I: First Degree Murder (Mohamed Rahaman) in violation of 21 O.S.2001, § 701.7; and Count II: First Degree Murder (Sterling Mullis) in violation of 21 O.”
— Okla. Stat. tit. 21, § 701.7(2) — 1 case
— Okla. Stat. tit. 21, § 701.7(A) — 184 cases
Runnels v. State, 2018 OK CR 27 (Okla. Crim. App. 2018).
“1 The jury recommended as punishment imprisonment for life without the possibility of parole and a $10,000.00 fine in Count 1 and imprisonment for ten (10) years and a $5,000.”
Primeaux v. State, 2004 OK CR 16 (Okla. Crim. App. 2004).
“Even though the State may charge Robbery by Force, even if a knife is used, it is clear here that the State intended the underlying felony to be the enumerated felony of Robbery with a Dangerous Weapon.”
— Okla. Stat. tit. 21, § 701.7(B) — 79 cases
Primeaux v. State, 2004 OK CR 16 (Okla. Crim. App. 2004).
“Even though the State may charge Robbery by Force, even if a knife is used, it is clear here that the State intended the underlying felony to be the enumerated felony of Robbery with a Dangerous Weapon.”
— Okla. Stat. tit. 21, § 701.7(C) — 31 cases
Fairchild v. State, 1999 OK CR 49 (Okla. Crim. App. 2000).
“7(A) only, is not synonymous with, and should not be confused with, the ordinary definition of "malice" and "maliciously" used in such expressions as "malicious mischief.”
Gilson v. Sirmons, 520 F.3d 1196 (10th Cir. 2008).
“7(C) the Legislature has merely created another way of committing first degree murder.”
Gilson v. State, 2000 OK CR 14 (Okla. Crim. App. 2000).
“7(C) the Legislature has merely created another way of committing first degree murder.”
Drew v. State, 771 P.2d 224 (Okla. Crim. App. 1989).
“In her second assignment of error, the appellant makes several attacks on the constitutionality of 21 O.S.Supp. 1982, § 701.7(C). This section, along with 21 O.”
— Okla. Stat. tit. 21, § 701.7(a) — 2 cases
— Okla. Stat. tit. 21, § 701.7(b) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.