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

Okla. Stat. tit. 21, § 797 (2026)

Degrees of robbery

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Robbery in the first degree is when, in the course of committing the theft, the defendant: 1. Inflicts serious bodily injury upon the person; 2. Threatens a person with immediate serious bodily injury; 3. Intentionally puts a person in fear of immediate serious bodily injury; or 4. Commits or threatens to commit a felony upon the person. When accomplished in any other manner, it is robbery in the second degree. R.L.1910, § 2370. Amended by Laws 2001, c. 437, § 4, eff. July 1, 2001.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1972–2023 · leading case: Owens v. State, 2010 OK CR 1, 229 P.3d 1261.
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Owens v. State, 2010 OK CR 1, 229 P.3d 1261. · cites it 3× “CF-2007-3564, for the crime of first degree robbery in violation of 21 O.S.2001, § 797. First degree robbery is subject to the 85% Rule pursuant to 21 O.”
Fields v. Gibson, 277 F.3d 1203 (10th Cir. 2002). “” Okla. Stat. Ann. tit. 21, § 797 . On this record, we cannot state that the OCCA committed error under either AEDPA standard referred to above.”
Lavorchek v. State, 2019 OK CR 13, 443 P.3d 573. · cites it 6× “CF-2016-114, of the following crimes, all After Conviction of a Felony: Count 1 First Degree Robbery 21 O.S.2011, § 797(2) Count 2 Use of a Firearm in the Commission of a Felony 21 O.”
Toles v. State, 1997 OK CR 45, 947 P.2d 180. · cites it 2× “1991, § 421); Attempted Robbery with Firearm (Count VI) (21 O.S.1991, § 797); and Possession of a Weapon After Former Conviction of a Felony (Count VII) (21 O.”
Marshall v. State, 2010 OK CR 8, 232 P.3d 467. “7) and First Degree Robbery (21 O.S.2001, § 797), After Former Conviction of Two or More Felonies, Case No.”
Lavorchek v. State, 443 P.3d 573 (Okla. Crim. App. 2019). · cites it 2× “CF-2016-114, of the following crimes, all After Conviction of a Felony: Count 1 First Degree Robbery 21 O.S.2011, § 797(2) Count 2 Use of a Firearm in the Commission of a Felony 21 O.”
McArthur v. State, 862 P.2d 482 (Okla. Crim. App. 1993). “21 O.S.1981, § 797. This Court has the power under 22 O.”
Whitehead v. State, 526 P.2d 959 (Okla. Crim. App. 1974). · cites it 2× “” 21 O.S.1971, § 797 provides: “Robbery, when accomplished by the use of force, or of putting the person robbed in fear of some immediate injury to his person, is robbery in the first degree.”
Dunford v. State, 561 P.2d 579 (Okla. Crim. App. 1977). “See 21 O.S.1971, § 797, supra, which describes robbery as a wrongful taking accomplished by means of force or fear, not force and fear.”
Coleman v. State, 506 P.2d 558 (Okla. Crim. App. 1972). “The evidence did reveal the possibility of a lesser and included offense, Robbery in the First Degree, 21 O.S.1971, § 797, but no such issue was submitted to the jury.”
State v. Brester, 531 P.3d 125 (Okla. Crim. App. 2023). “2011, § 1431 21 O.S.2011, § 797 21 O.S.2011, § 650.9 21 O.”
State v. Brester, 2023 OK CR 10. “2011, § 1431 21 O.S.2011, § 797 21 O.S.2011, § 650.9 21 O.”
Show all 16 citing cases →
Okla. Stat. tit. 21, § 797(1): 1 case
Owens v. State, 2010 OK CR 1, 229 P.3d 1261. “CF-2007-3564, for the crime of first degree robbery in violation of 21 O.S.2001, § 797. First degree robbery is subject to the 85% Rule pursuant to 21 O.”
Okla. Stat. tit. 21, § 797(2): 2 cases
Lavorchek v. State, 2019 OK CR 13, 443 P.3d 573. “CF-2016-114, of the following crimes, all After Conviction of a Felony: Count 1 First Degree Robbery 21 O.S.2011, § 797(2) Count 2 Use of a Firearm in the Commission of a Felony 21 O.”
Lavorchek v. State, 443 P.3d 573 (Okla. Crim. App. 2019). “CF-2016-114, of the following crimes, all After Conviction of a Felony: Count 1 First Degree Robbery 21 O.S.2011, § 797(2) Count 2 Use of a Firearm in the Commission of a Felony 21 O.”
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