Oklahoma Statutes
Okla. Stat. tit. 21, § 733 (2026)
Justifiable homicide by any person
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A. Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is; 2. When committed in the lawful defense of such person or of another, when the person using force reasonably believes such force is necessary to prevent death or great bodily harm to himself or herself or another or to terminate or prevent the commission of a forcible felony; or 3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace. B. As used in this section, "forcible felony" means any felony which involves the use or threat of physical force or violence against any person. R.L. 1910, § 2334. Amended by Laws 2014, c. 391, § 1, emerg. eff. June 3, 2014.
Notes of Decisions
Cited in 30
cases (4 in the last 5 years), 1954–2025 · leading case: Parker v. State, 2021 OK CR 17, 495 P.3d 653.
Parker v. State, 2021 OK CR 17, 495 P.3d 653. “" 21 O.S.Supp.2014, § 733(A)(2). Self-defense is an affirmative defense in which the defendant necessarily admits the elements of the charged homicide crime, but offers a legal justification for the fatal conduct.”
State v. Anderson, 1998 OK CR 67, 972 P.2d 32. “When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is; or, 2. When committed in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant,…”
McHam v. State, 2005 OK CR 28, 126 P.3d 662. “2001, § 701.7(A). Appellant maintained, from his arrest through trial, that he acted in self-defense.”
United States v. Craine, 995 F.3d 1139 (10th Cir. 2021). “”7 Okla. Stat. Ann. tit. 21, § 733 (A)(2). To invoke self-defense, the danger of death or serious bodily injury must be imminent.”
Bernay v. State, 1999 OK CR 37, 989 P.2d 998. “" (emphasis added) On the other hand, 21 O.S.1991, § 733 justifies deadly force where it is reasonably believed necessary to protect oneself from "imminent danger of death or great bodily harm.”
Robinson v. State, 2011 OK CR 15, 255 P.3d 425. “21 O.S.2001, § 733. He presented sufficient evidence of self-defense to raise the claim, and the State was obligated to disprove that defense beyond a reasonable doubt.”
Spunaugle v. State, 1997 OK CR 47, 946 P.2d 246. “Justifiable homicide is controlled by statute, at 21 O.S.1991, § 733. That section reads: Homicide is also justifiable when committed by any person in either of the following cases: 1.”
Perryman v. State, 1999 OK CR 39, 990 P.2d 900. “¶ 9 Under Oklahoma law, "[s]elf-defense is a defense although the danger to life or personal security may not have been real, if a reasonable person, in the circumstances and from the viewpoint of the defendant, would reasonably have believed that he/she was in imminent danger…”
Kinchion v. State, 2003 OK CR 28, 81 P.3d 681. “[7] 21 O.S.2001, § 733. [8] For example, a defendant convicted of felony murder who was liable for murder because he intended to commit the underlying felony is only eligible for the death penalty if he is also personally culpable for the murder, i.”
Hogan v. Gibson, 197 F.3d 1297 (10th Cir. 1999). “when there is a reasonable ground to apprehend design to commit a felony, or do some great personal injury, and imminent danger of such design being accomplished,” is deemed justifiable homicide.”
Camron v. State, 829 P.2d 47 (Okla. Crim. App. 1992). “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 21 O.S.1981, § 733. Section 733 establishes the perimeters of the defense of self-defense.”
Lee v. State, 637 P.2d 879 (Okla. Crim. App. 1981). “The statute that normally covers justifiable homicide in circumstances similar to those in the case before us is 21 O.S.1971, § 733, which essentially restricts the defense of a third person to a limited group of people: spouses, parents, children, servants, and servants’…”
Okla. Stat. tit. 21, § 733(1): 1 case
State v. Anderson, 1998 OK CR 67, 972 P.2d 32. “When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is; or, 2. When committed in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant,…”
Okla. Stat. tit. 21, § 733(2): 3 cases
Perryman v. State, 1999 OK CR 39, 990 P.2d 900. “¶ 9 Under Oklahoma law, "[s]elf-defense is a defense although the danger to life or personal security may not have been real, if a reasonable person, in the circumstances and from the viewpoint of the defendant, would reasonably have believed that he/she was in imminent danger…”
O.W.M. v. State, 1997 OK CR 49, 946 P.2d 257.
Okla. Stat. tit. 21, § 733(A)(2): 1 case
Parker v. State, 2021 OK CR 17, 495 P.3d 653. “" 21 O.S.Supp.2014, § 733(A)(2). Self-defense is an affirmative defense in which the defendant necessarily admits the elements of the charged homicide crime, but offers a legal justification for the fatal conduct.”
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