imitation firearm a felony. Any person or persons who, with the use of any firearms or any other dangerous weapons, whether the firearm is loaded or not, or who uses a blank or imitation firearm capable of raising in the mind of the one threatened with such device a fear that it is a real firearm, attempts to rob or robs any person or persons, or who robs or attempts to rob any place of business, residence or banking institution or any other place inhabited or attended by any person or persons at any time, either day or night, shall be guilty of a Class A2 felony offense and, upon conviction therefor, shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time of not less than five (5) years, at the discretion of the court, or the jury trying the same. Upon conviction therefor, any person guilty of three separate and distinct felonies, in violation of this section shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time of not less than ten (10) years, and it is mandatory upon the court to impose no less than the minimum sentence of ten (10) years. The sentence imposed upon such person shall not be reduced to less than ten (10) calendar years, nor suspended, nor shall any person be eligible for probation or parole or receive any deduction from his sentence for good conduct until he shall have served ten (10) calendar years of such sentence. Added by Laws 1923, c. 85, p. 150, § 1. Amended by Laws 1925, c. 44, p. 71, § 1; Laws 1973, c. 76, § 1, emerg. eff. April 30, 1973; Laws 1982, c. 173, § 2, emerg. eff. April 16, 1982; Laws 1997, c. 133, § 243, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 147, eff. July 1, 1999; Laws 2025, c. 486, § 24, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 243 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in
274
cases (
13 in the last 5 years), 1954–2025 · leading case:
Primeaux v. State, 2004 OK CR 16 (Okla. Crim. App. 2004).
Primeaux v. State, 2004 OK CR 16 (Okla. Crim. App. 2004).
· cites it 6× “21 O.S.Supp.1999, § 801, See OUJI-CR (2d) 4-144.”
Turner v. State, 803 P.2d 1152 (Okla. Crim. App. 1990).
· cites it 12× “*1154 OPINION LUMPKIN, Judge: Appellants Reginald Eugene Turner and Kenneth Ray Cole were tried by jury and convicted of Robbery with Firearms, After Former Conviction of Two or More Felonies, in violation of 21 O.S.Supp. 1982, § 801, in the District Court of Oklahoma County,…”
Fitzgerald v. State, 1998 OK CR 68 (Okla. Crim. App. 1998).
· cites it 6× “*1161 OPINION CHAPEL, Presiding Judge: ¶ 1 James Joseph Fitzgerald was tried by jury and convicted of Count I, Robbery with a Firearm in violation of 21 O.S.1991, § 801; Count II, Attempted Robbery with a Firearm in violation of 21 O.”
Lee v. State, 2018 OK CR 14 (Okla. Crim. App. 2018).
· cites it 2× “The jury recommended as punishment imprisonment for one hundred (100) years in each of Counts I and II and for life in each of Counts III and IV.”
Fontenot v. State, 881 P.2d 69 (Okla. Crim. App. 1994).
· cites it 4× “1981 , § 741) (Count II) and Robbery with a Dangerous Weapon (21 O.S.Supp. 1982, § 801) (Count I), in Hughes County District Court, Case No.”
Lamar v. State, 2018 OK CR 8 (Okla. Crim. App. 2018).
· cites it 2× “2011, § 1431, in the District Court of Oklahoma County, Case No. CF-2012-7029.”
Braun v. State, 937 P.2d 505 (Okla. Crim. App. 1997).
· cites it 4× “1987, § 652); Count IV, Robbery with Firearms (21 O.S.Supp.1982, § 801); and Count V, Robbery with Firearms (21 O.”
Mooney v. State, 1999 OK CR 34 (Okla. Crim. App. 1999).
· cites it 4× “7; 21 O.S.1991, § 801. Thus, this allegation of error fails.”
Chambers v. State, 764 P.2d 536 (Okla. Crim. App. 1988).
· cites it 8× “1988), for the proposition that it was fundamental error for the trial court to fail to instruct under the special punishment enhancement provisions of 21 O.S.Supp. 1982, § 801. That statute controls sentencing of defendants who are convicted of robbery with a dangerous weapon…”
Mitchell v. State, 2006 OK CR 20 (Okla. Crim. App. 2006).
· cites it 2× “7, Robbery with a Dangerous Weapon, in violation of 21 O.S.1991, § 801, Larceny of an Automobile, in violation of 21 O.”
Fitzgerald v. State, 2002 OK CR 31 (Okla. Crim. App. 2002).
· cites it 3× “OPINION CHAPEL, Judge: ¶ 1 James Fitzgerald was tried by jury and convicted of Count I: Robbery with a Firearm in violation of 21 O.S.1991, § 801; Count II: Attempted Robbery with a Firearm in violation of 21 O.”
McArthur v. State, 862 P.2d 482 (Okla. Crim. App. 1993).
· cites it 6× “1986, § 1114) (Count I), Robbery With a Dangerous Weapon (21 O.S.1981, § 801) (Count II), and Kidnapping For Purpose of Extortion (21 O.”
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