Oklahoma Statutes

Okla. Stat. tit. 21, § 732 (2026)

Justifiable homicide by officer

✓ current as of July 2026
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A. A peace officer, correctional officer, or any person acting by his command in his aid and assistance, is justified in using deadly force when: 1. The officer is acting in obedience to and in accordance with any judgment of a competent court in executing a penalty of death; or 2. In effecting an arrest or preventing an escape from custody following arrest and the officer reasonably believes both that: a. such force is necessary to prevent the arrest from being defeated by resistance or escape, and b. there is probable cause to believe that the person to be arrested has committed a crime involving the infliction or threatened infliction of serious bodily harm, or the person to be arrested is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily harm unless arrested without delay; or 3. The officer is in the performance of his legal duty or the execution of legal process and reasonably believes the use of the force is necessary to protect himself or others from the infliction of serious bodily harm; or 4. The force is necessary to prevent an escape from a penal institution or other place of confinement used primarily for the custody of persons convicted of felonies or from custody while in transit thereto or therefrom unless the officer has reason to know: a. the person escaping is not a person who has committed a felony involving violence, and b. the person escaping is not likely to endanger human life or to inflict serious bodily harm if not apprehended. B. An officer or other person acting by the officer’s command in the officer’s aid and assistance whose use of deadly force is found during any pretrial hearing or proceeding to be unjustified pursuant to this section may appeal such ruling to the Court of Criminal Appeals within ten (10) days of the ruling. Priority shall be given to appeals made pursuant to this subsection and an order staying proceedings shall be entered pending the outcome of the appeal. If an appeal is not brought within ten (10) days of the ruling, the officer waives the right to immediate appeal of the ruling but does not waive any right to assert the claim at trial or upon direct appeal. R.L.1910, § 2333. Amended by Laws 1990, c. 179, § 1, emerg. eff. May 3, 1990; Laws 2025, c. 163, § 1, eff. Nov. 1, 2025.

Notes of Decisions
Robert Dean Mattis, M.D. v. Richard R. Schnarr & Robert Marek v. John C. Danforth, Attorney Gen., State of Missouri, Intervenor-Appellee, 547 F.2d 1007 (8th Cir. 1976). “§ 40A-2-7 (1963); Okla.Stat.Ann. tit. 21, § 732 (1951); R.I.”
Camron v. State, 829 P.2d 47 (Okla. Crim. App. 1992). “Justifiable homicide is a defense if committed by a public officer acting within the provisions of 21 O.S.1981, § 732. In addition, the defense of justifiable homicide is available to any person when the homicide is committed under one of the three fact situations set forth in…”
Smith v. Wickline, 396 F. Supp. 555 (W.D. Okla. 1975). “DEFENDANTS URGE THAT PLAINTIFFS LACK STANDING TO SEEK A DECLARATION OF THE UNCONSTITUTIONALITY OF THE OKLAHOMA STATUTES, AND THAT NO CASE OR CONTROVERSY EXISTS Defendants argue that plaintiffs lack standing to seek a declaratory judgment that 21 O.S. §§ 732 and 733, statutes…”
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.