{"id":375744,"date":"2016-03-31T21:36:23","date_gmt":"2016-04-01T02:36:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oklahoma-law\/oklahoma-capital-punishment-laws.html"},"modified":"2025-05-27T15:10:55","modified_gmt":"2025-05-27T20:10:55","slug":"oklahoma-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oklahoma-law\/oklahoma-capital-punishment-laws.html","title":{"rendered":"Oklahoma Capital Punishment Laws"},"content":{"rendered":"\n
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Oklahoma Capital Punishment Laws<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Oklahoma is second to Texas in its prolific use of the death penalty. According to the Death Penalty Information Center<\/a>, Oklahoma has executed at least 125 people since 1976, when it reinstated the death penalty. It has the highest rate of executions per capita. Though legislation has been introduced to impose a moratorium on executions while the state researches less painful methods, none had become law by May 2025.<\/p>\r\n

Historical Background of Oklahoma Executions<\/b><\/h2>\r\n

Oklahoma’s history with the death penalty dates back to 1804, when the United States of America completed the Louisiana Purchase. The Louisiana Purchase included the land that formed the State of Oklahoma, which was subject to U.S. criminal laws<\/a> by Congress.<\/p>\r\n

Post-Louisiana Purchase<\/h3>\r\n

Between the Louisiana Purchase and 1907, when Oklahoma achieved statehood, the federal government carried out executions. Oklahoma’s first execution occurred in 1915 when the state executed Henry Bookman<\/a> for murder. Oklahoma’s first execution for a crime other than murder took place in 1930, when the state executed James Forrest for rape.<\/p>\r\n

Post-Furman v. Georgia<\/i><\/h3>\r\n

Like many other states, Oklahoma stopped executions after the U.S. Supreme Court’s ruling in Furman v. Georgia<\/i><\/a> <\/i>in 1972. That was after they had executed 82 men via electrocution. The Oklahoma legislature later reinstated the death penalty in 1976. Oklahoma was the first jurisdiction in the world to adopt lethal injection as an execution method. Other available measures include electrocution and hanging.<\/p>\r\n

Ballot Initiative<\/b><\/h3>\r\n

In 2016, Oklahomans approved a ballot initiative to enshrine the death penalty in the Oklahoma Constitution. Part of this ballot measure was a response to Glossip v. Gross<\/i><\/a>. <\/i>In this U.S. Supreme Court case, Richard Glossip and others challenged Oklahoma’s use of midazolam in its execution protocol during the execution of Clayton Lockett in 2015. Oklahoma used midazolam in the botched execution of Lockett because Oklahoma could not get the drugs it usually used for its lethal injection protocol.<\/p>\r\n

Oklahoma Death Penalty in Practice<\/b><\/h2>\r\n

Oklahoma recognizes three death penalty-eligible crimes<\/a> as follows:<\/p>\r\n