Oklahoma Statutes

Okla. Stat. tit. 21, § 711 (2026)

Manslaughter in the first degree defined

✓ current as of July 2026

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Homicide, a Class A2 felony offense, is manslaughter in the first degree in the following cases:

1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor; 2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide; 3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed. R.L.1910, § 2320. Amended by Laws 2025, c. 486, § 18, eff. Jan. 1, 2026.

Notes of Decisions

Cited in 207 cases (22 in the last 5 years), 1954–2026 · leading case: McHam v. State, 2005 OK CR 28 (Okla. Crim. App. 2005).

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McHam v. State, 2005 OK CR 28 (Okla. Crim. App. 2005). · cites it 8× “21 O.S.2001, § 711. We take judicial notice of the fact that after sentencing, the trial court suspended a portion of Appellant's sentence as permitted by law.”

Parker v. State, 2021 OK CR 17 (Okla. Crim. App. 2021). · cites it 4× “, District Judge, who presided over Parker's jury trial, sentenced Parker to twenty years imprisonment, with seventeen years to be served in prison and the remaining three years suspended with supervised probation.”

United States v. Randall Steward, 880 F.3d 983 (8th Cir. 2018). · cites it 3× “The district court 1 sustained some objections, but overruled Steward’s objection to the categorization of his prior conviction for Oklahoma voluntary manslaughter, see Okla. Stat. tit. 21, § 711 (2), 2 as a crime of violence.”

Hogan v. State, 2006 OK CR 19 (Okla. Crim. App. 2006). · cites it 2× “See 21 O.S.2001, § 711(2) (defining heat-of-passion manslaughter as a homicide "perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon .”

Shrum v. State, 1999 OK CR 41 (Okla. Crim. App. 1999). · cites it 4× “*1033 OPINION STRUBHAR, Presiding Judge: ¶ 1 Nicky Lee Shrum, hereinafter Appellant, was convicted of one count of First Degree (Heat of Passion) Manslaughter (21 O.S.1991, § 711(2)), following a jury trial in the District Court of Latimer County, Case No.”

United States v. Leaverton, 895 F.3d 1251 (10th Cir. 2018). · cites it 5× “See Okla. Stat. tit. 21, § 711 . The government argued that Leaverton was convicted under a subsection that applies when a killing is "perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon;…”

Ledbetter v. State, 933 P.2d 880 (Okla. Crim. App. 1997). · cites it 4× “21 O.S.1991, § 711(2). [5] The portion of the statute reads: Homicide is manslaughter in the first degree in the following cases: .”

Hooks v. Ward, 184 F.3d 1206 (10th Cir. 1999). · cites it 3× “” Okla. Stat. Ann. tit. 21, § 711 (2) (West 1983).”

Smith v. State, 932 P.2d 521 (Okla. Crim. App. 1996). · cites it 4× “Under 21 O.S.1991, § 711(2), homicide is First Degree Manslaughter "[w]hen perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon.”

Powell v. State, 2000 OK CR 5 (Okla. Crim. App. 2000). · cites it 4× “Further, to support an instruction on misdemeanor-manslaughter under 21 O.S.1991, § 711(1), the evidence must show that the homicide was perpetrated without a design to effect death and by one engaged in the commission of a misdemeanor.”

Conover v. State, 933 P.2d 904 (Okla. Crim. App. 1997). · cites it 3× “21 O.S.1991, § 711. Prepared instructions were offered by Appellant only as to the last two methods.”

Hancock v. State, 2007 OK CR 9 (Okla. Crim. App. 2007). · cites it 2× “In sum, he argues that the proof fails to show intent *811 to kill by legally sufficient evidence; that his claim of self-defense, properly raised, was never disproved beyond a reasonable doubt; and that, at most, he could be guilty of manslaughter by killing in a heat of…”

Show all 207 citing cases →

— Okla. Stat. tit. 21, § 711(1) — 22 cases

Walck v. Edmondson, 472 F.3d 1227 (10th Cir. 2007).

Powell v. State, 2000 OK CR 5 (Okla. Crim. App. 2000). “Further, to support an instruction on misdemeanor-manslaughter under 21 O.S.1991, § 711(1), the evidence must show that the homicide was perpetrated without a design to effect death and by one engaged in the commission of a misdemeanor.”

Thompson v. State, 2018 OK CR 5 (Okla. Crim. App. 2018).

Revilla v. State, 877 P.2d 1143 (Okla. Crim. App. 1994).

Bell v. State, 2007 OK CR 43 (Okla. Crim. App. 2007).

— Okla. Stat. tit. 21, § 711(2) — 38 cases

McHam v. State, 2005 OK CR 28 (Okla. Crim. App. 2005). “21 O.S.2001, § 711. We take judicial notice of the fact that after sentencing, the trial court suspended a portion of Appellant's sentence as permitted by law.”

Hogan v. State, 2006 OK CR 19 (Okla. Crim. App. 2006). “See 21 O.S.2001, § 711(2) (defining heat-of-passion manslaughter as a homicide "perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon .”

Shrum v. State, 1999 OK CR 41 (Okla. Crim. App. 1999). “*1033 OPINION STRUBHAR, Presiding Judge: ¶ 1 Nicky Lee Shrum, hereinafter Appellant, was convicted of one count of First Degree (Heat of Passion) Manslaughter (21 O.S.1991, § 711(2)), following a jury trial in the District Court of Latimer County, Case No.”

Smith v. State, 932 P.2d 521 (Okla. Crim. App. 1996). “Under 21 O.S.1991, § 711(2), homicide is First Degree Manslaughter "[w]hen perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon.”

Walker v. State, 723 P.2d 273 (Okla. Crim. App. 1986).

— Okla. Stat. tit. 21, § 711(3) — 6 cases

Ledbetter v. State, 933 P.2d 880 (Okla. Crim. App. 1997). “21 O.S.1991, § 711(2). [5] The portion of the statute reads: Homicide is manslaughter in the first degree in the following cases: .”

Conover v. State, 933 P.2d 904 (Okla. Crim. App. 1997). “21 O.S.1991, § 711. Prepared instructions were offered by Appellant only as to the last two methods.”

Hancock v. State, 2007 OK CR 9 (Okla. Crim. App. 2007). “In sum, he argues that the proof fails to show intent *811 to kill by legally sufficient evidence; that his claim of self-defense, properly raised, was never disproved beyond a reasonable doubt; and that, at most, he could be guilty of manslaughter by killing in a heat of…”

Douma v. State, 749 P.2d 1163 (Okla. Crim. App. 1988).

Conoyer v. State, 933 P.2d 904 (Okla. Crim. App. 1997).

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