A. The driver of any vehicle involved in an accident resulting in a nonfatal injury to any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 10-104 of this title. Every such stop shall be made without obstructing traffic more than is necessary. B. Any person willfully, maliciously, or feloniously failing to stop to avoid detection or prosecution or to comply with said requirements under such circumstances, shall upon conviction be guilty of a Class B5 felony offense punishable by imprisonment for not less than ten (10) days nor more than two (2) years, or by a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. C. The Commissioner of Public Safety shall revoke the license or permit to drive and any nonresident operating privilege of the person so convicted. Added by Laws 1961, p. 370, § 10-102, eff. Sept. 1, 1961. Amended by Laws 1985, c. 112, § 9, eff. Nov. 1, 1985; Laws 1992, c. 382, § 5, emerg. eff. June 9, 1992; Laws 1997, c. 133, § 478, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 345, eff. July 1, 1999; Laws 2025, c. 486, § 176, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 478 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 1971–2025 · leading case:
Mcintosh v. Watkins, 441 P.3d 1094 (Okla. 2019).
Mcintosh v. Watkins, 441 P.3d 1094 (Okla. 2019).
· cites it 3× “¶10 In 1949, Senate Bill 3 was enacted and Section 2 of the bill was the precursor to 47 O.S. §§ 10-102, 10-102.1, 10-103, 10-104 and 10-105.”
Mcintosh v. Watkins, 2019 OK 6 (Okla. 2019).
· cites it 3× “¶10 In 1949, Senate Bill 3 was enacted and Section 2 of the bill was the precursor to 47 O.S. §§ 10-102, 10-102.1, 10-103, 10-104 and 10-105.”
Brown v. United Servs. Auto. Ass'n, 684 P.2d 1195 (Okla. 1984).
“” Conversely, 47 O.S.1981, §§ 10-102 and 10-194, require the driver of any vehicle involved in an accident resulting in personal injury to stop and provide his correct name, address and vehicle registration number.”
Commonwealth v. Henault, 763 N.E.2d 87 (Mass. App. Ct. 2002).
“The Oklahoma statute is the only exception, but its operative language — condemning “[a]ny person willfully, maliciously, or feloniously failing to stop [and make the required disclosures] to avoid detection or prosecution,” Okla. Stat. tit. 47, §§ 10-102 & 10-102.1 (Supp.”
Lamb v. State, 488 P.2d 1295 (Okla. Crim. App. 1971).
· cites it 3× “Defendant filed a supplemental brief asserting that the requirements of 47 O.S.1961, Section 10-102, and 47 O.S.1961, Section 10-104, violate defendant’s constitutional privilege against self-incrimination.”
McGee v. State, 815 P.2d 196 (Okla. Crim. App. 1991).
“OPINION LANE, Vice Presiding Judge: Clarence Donnell McGee, appellant, was tried by jury for the crime of Leaving the Scene of an Accident Involving Personal Injury, After Former Conviction of Two or More Felonies (47 O.S.1981, § 10-102) in Oklahoma County District Court, Case…”
Laughton v. State, 558 P.2d 1171 (Okla. Crim. App. 1977).
· cites it 3× “CRF-75-2880, for the offense of Leaving the Scene of an Accident which Resulted in Injury to a Person without Stopping and Giving Required Information and Without Rendering Reasonable Assistance to the Injured Person, in violation of 47 O.S.1971, § 10-102. His punishment was…”
Laughlin v. City of Tulsa, 492 P.2d 1131 (Okla. Crim. App. 1972).
“Defendant further argues that the City had no authority to enact the Ordinance since a state statute, 47 O.S.1971, §§ 10-102, and 10-104, also makes leaving the scene of an accident a criminal offense.”
Gessman v. State, 500 P.2d 1092 (Okla. Crim. App. 1972).
“We are of the opinion that the officers were justified in arresting the defendant as they had probable cause to believe that he had committed a felony in that he, as driver of the vehicle involved in an accident resulting in damage and injury, left the scene in violation of 47…”
Draper v. State, 562 P.2d 155 (Okla. Crim. App. 1977).
“OPINION BLISS, Judge: Appellant, Barry Elton Draper, hereinafter referred to as defendant, was charged, tried and convicted of Leaving the Scene of an Accident Which Resulted in Injury to a Person Without Stopping and Giving Required Information and Without Rendering Reasonable…”
Jarrell v. Haaji (W.D. Okla. 2025).
· cites it 3× “”10 In order for a party to make out a claim for negligence per se, a plaintiff must show that the statutory violation caused the injury, the injury was the type intended to be prevented by the statute, and the “injured party must be one of the class intended to be protected by…”
Cumins v. State, 794 P.2d 763 (Okla. Crim. App. 1990).
· cites it 2× “OPINION PARKS, Presiding Judge: Joe Carl Cumins, appellant, was charged with the crime of Leaving the Scene of a Personal Injury Accident (47 O.S.1981, § 10-102) in the District Court of Tulsa County, Case No.”
— Okla. Stat. tit. 47, § 10-102(A) — 3 cases
Mcintosh v. Watkins, 441 P.3d 1094 (Okla. 2019).
“¶10 In 1949, Senate Bill 3 was enacted and Section 2 of the bill was the precursor to 47 O.S. §§ 10-102, 10-102.1, 10-103, 10-104 and 10-105.”
Mcintosh v. Watkins, 2019 OK 6 (Okla. 2019).
“¶10 In 1949, Senate Bill 3 was enacted and Section 2 of the bill was the precursor to 47 O.S. §§ 10-102, 10-102.1, 10-103, 10-104 and 10-105.”
Jarrell v. Haaji (W.D. Okla. 2025).
“”10 In order for a party to make out a claim for negligence per se, a plaintiff must show that the statutory violation caused the injury, the injury was the type intended to be prevented by the statute, and the “injured party must be one of the class intended to be protected by…”
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