A. A person who is convicted of or pleads guilty or nolo contendere to murder in the first degree shall be guilty of a Class Y felony offense and shall be punished by death, by imprisonment for life without parole, or by imprisonment for life. A person who is convicted of or pleads guilty or nolo contendere to murder in the first degree, as described in subsection E of Section 701.7 of this title, shall be guilty of a Class Y felony offense and shall be punished by death or by life without parole and absent an overwhelming amount of mitigating evidence shall not be entitled to or afforded the benefit of receiving imprisonment for life or deferment of the sentence. B. A person who is convicted of or pleads guilty or nolo contendere to murder in the second degree shall be guilty of a Class A1 felony offense punishable by imprisonment in the custody of the Department of Corrections for not less than ten (10) years nor more than life. Added by Laws 1976, 1st Ex. Sess., c. 1, § 3, eff. July 24, 1976. Amended by Laws 1987, c. 96, § 1, eff. Nov. 1, 1987; Laws 1997, c. 133, § 233, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 137, eff. July 1, 1999; Laws 2004, c. 520, § 3, eff. Nov. 1, 2004; Laws 2017, c. 169, § 2, eff. Nov. 1, 2017; Laws 2025, c. 486, § 6, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 233 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in
70
cases (
2 in the last 5 years), 1977–2024 · leading case:
Fontenot v. State, 881 P.2d 69 (Okla. Crim. App. 1994).
Fontenot v. State, 881 P.2d 69 (Okla. Crim. App. 1994).
· cites it 4× “See 21 O.S.Supp. 1987, §§ 701.9 and 701.10. Although Fontenot committed the offenses at issue prior to this date, his second trial and conviction did not occur until June of 1988 well after the statute's enactment.”
State of Iowa v. Damion John Seats, 865 N.W.2d 545 (Iowa 2015).
· cites it 2× “) (setting the maximum penalty for class AA felonies as life without parole); Okla. Stat. Ann. tit. 21, § 701.9 (West, Westlaw through emergency effective provisions through chapter 338 of 1st Reg.”
McCormick v. State, 845 P.2d 896 (Okla. Crim. App. 1993).
· cites it 4× “In 1987, 21 O.S., § 701.9 was amended to include the additional punishment option of life without parole, along with life imprisonment or death.”
Luna v. State, 2016 OK CR 27 (Okla. Crim. App. 2016).
· cites it 2× “8 See 21 O.S.2011, § 701.9. We agree that the core issue presented in Miller concerned the mandatory imposition of a natural-life sentence.”
Davis v. State, 665 P.2d 1186 (Okla. Crim. App. 1983).
· cites it 3× “In that case, the defendant failed to request an admonishment and the court held he failed to properly preserve the record, thereby waiving his right to complain of the comments alleged as error.”
Selsor v. Workman, 644 F.3d 984 (10th Cir. 2011).
· cites it 2× “21 O.S.Supp.1976, §§ 701.9 and 701.10; 21 O.”
Williams v. Jones, 571 F.3d 1086 (10th Cir. 2009).
· cites it 2× “See Okla. Stat. tit. 21, § 701.9 ; see also Okla.”
Eizember v. Trammell, 803 F.3d 1129 (10th Cir. 2015).
· cites it 2× “24 Okla. Stat. Ann. tit. 21, § 701.9 (A). But Mr.”
Primeaux v. State, 2004 OK CR 16 (Okla. Crim. App. 2004).
· cites it 2× “8(2) (defining second-degree felony murder); 21 O.S.Supp.2000, § 701.9(B) (establishing life sentence as maximum penalty for second-degree murder).”
Bever v. State, 2020 OK CR 13 (Okla. Crim. App. 2020).
· cites it 2× “21 O.S.2011, § 701.9(A). ¶39 There is no absolute constitutional or statutory right to receive concurrent sentences.”
Lambert v. State, 2003 OK CR 11 (Okla. Crim. App. 2003).
· cites it 2× “[2] 21 O.S.2001, § 701.9. No evidence in aggravation or mitigation, or victim impact evidence should be considered.”
McGregor v. State, 885 P.2d 1366 (Okla. Crim. App. 1994).
· cites it 2× “I believe that the legislative intent of 21 O.S.Supp. 1987, § 701.9, which gives jurors the sentencing option of life without parole in capital cases, was clearly for jurors to consider parole in these cases, and that it is thus appropriate for the trial court to instruction the…”
— Okla. Stat. tit. 21, § 701.9(A) — 12 cases
Bever v. State, 2020 OK CR 13 (Okla. Crim. App. 2020).
“21 O.S.2011, § 701.9(A). ¶39 There is no absolute constitutional or statutory right to receive concurrent sentences.”
— Okla. Stat. tit. 21, § 701.9(B) — 4 cases
Primeaux v. State, 2004 OK CR 16 (Okla. Crim. App. 2004).
“8(2) (defining second-degree felony murder); 21 O.S.Supp.2000, § 701.9(B) (establishing life sentence as maximum penalty for second-degree murder).”
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