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

Okla. Stat. tit. 21, § 716 (2026)

Manslaughter in the second degree

✓ current as of July 2026
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Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree, a Class B5 felony offense. R.L.1910, § 2325. Amended by Laws 2025, c. 486, § 156, eff. Jan. 1, 2026.

Notes of Decisions
Cited in 42 cases (1 in the last 5 years), 1954–2024 · leading case: Gilson v. Sirmons, 520 F.3d 1196 (10th Cir. 2008).
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Gilson v. Sirmons, 520 F.3d 1196 (10th Cir. 2008). · cites it 3× “Oklahoma defines culpable negligence as "the omission to do something which a reasonably careful person would do, or the lack of the usual ordinary care and caution in the performance of an act usually and ordinarily exercised by a person under similar circumstances and…”
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008). · cites it 2× “2d 311 (1984)); Okla. Stat. Ann. tit. 21 § 716 (offense called "manslaughter in the second degree," but requires culpable negligence); 18 Pa.”
Cipriano v. State, 2001 OK CR 25 (Okla. Crim. App. 2001). · cites it 2× “¶ 28 Title 21 O.S.1991, § 716 provides that manslaughter in the second degree is "[e]very killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor…”
Atchley v. State, 473 P.2d 286 (Okla. Crim. App. 1970). · cites it 6× “Defendant contends, in the case at bar, the manslaughter second statute, [21 O.S. § 716] insofar as it relates to deaths caused by operation of a motor vehicle, was repealed or superseded by implication upon the enactment of the Uniform Traffic Code, 47, O.”
Thompson v. State, 554 P.2d 105 (Okla. Crim. App. 1976). · cites it 6× “It is the opinion of this Court that the State quite correctly analyzed the case law in arriving at the conclusion that the definition of reckless disregard is precisely the same as the definition of culpable negligence under 21 O.S.1971, § 716. In Atchley v. State, Okl.”
Williams v. State, 554 P.2d 842 (Okla. Crim. App. 1976). · cites it 4× “We stated the reason therefore as being the inconsistency in punishment (21 O.S.1971, § 716, constitutes a felony and 47 O.”
United States v. Castillo, 896 F.3d 141 (2d Cir. 2018). “1-16-02 ("recklessly"); Okla. Stat. tit. 21, § 716 ("culpable negligence"); Or.”
Ball v. State, 2007 OK CR 42 (Okla. Crim. App. 2007). “See 21 O.S.2001, § 716 (killing of one human being by culpable negligence of another, which is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree).”
Revilla v. State, 877 P.2d 1143 (Okla. Crim. App. 1994). “Likewise, the evidence did not support an instruction under 21 O.S.1981, § 716, second degree manslaughter.”
United States v. Leaverton, 895 F.3d 1251 (10th Cir. 2018). “Oklahoma courts have held that second degree manslaughter, which applies when an individual kills through "culpable negligence," Okla. Stat. tit. 21, § 716 , requires "reckless disregard for the safety of others," Lester v.”
Hunt v. State, 601 P.2d 464 (Okla. Crim. App. 1979). “1961, § 11-903, providing criminal sanctions for negligent homicide, superseded 21 O.S.1961, § 716, the manslaughter statute, as it pertained to death by criminal negligence of another by the driving of an automobile.”
Camron v. State, 829 P.2d 47 (Okla. Crim. App. 1992). “21 O.S.1981, § 716, Manslaughter in the second degree is defined as every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor…”
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