{"id":375787,"date":"2016-04-11T01:23:40","date_gmt":"2016-04-11T06:23:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oklahoma-law\/oklahoma-involuntary-manslaughter-law.html"},"modified":"2016-06-20T19:49:12","modified_gmt":"2016-06-21T00:49:12","slug":"oklahoma-involuntary-manslaughter-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oklahoma-law\/oklahoma-involuntary-manslaughter-law.html","title":{"rendered":"Oklahoma Involuntary Manslaughter Law"},"content":{"rendered":"\n
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Oklahoma Involuntary Manslaughter Law<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\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

In Oklahoma’s criminal code, there are four types of homicides<\/a> listed: murder, manslaughter, excusable homicide, and justifiable homicide. Manslaughter is then subcategorized into voluntary manslaughter and involuntary manslaughter. This article provides a quick overview of Oklahoma’s involuntary manslaughter laws.<\/p>\n

What’s the Difference Between Murder and Manslaughter?<\/h2>\n

Malice (the intent or desire to cause death or serious bodily harm) is the main difference between murder<\/a> and manslaughter<\/a>. In most states, murder is defined as the unlawful killing of another with<\/i> malice (under specified circumstances that differ from state to state), while manslaughter encompasses unlawful killings that are done without<\/i> malice.<\/p>\n

Oklahoma’s Second-Degree Manslaughter Laws<\/h2>\n

Second-degree manslaughter (referred to as involuntary manslaughter<\/a> in some other states) generally criminalizes homicides that result from recklessness<\/a> or criminal negligence<\/a>. For example, if Bob owns a lion and knows that the lion has a propensity to attack joggers but nevertheless keeps his lion behind a short fence in a residential neighborhood, Bob would likely be guilty of second-degree manslaughter when his lion kills a jogger.<\/p>\n

The following table outlines Oklahoma’s second-degree manslaughter laws.<\/p>\n\n

Code Section <\/b><\/p>\n<\/td>\n

Oklahoma Code section 21-716<\/a>: Manslaughter in the Second Degree<\/b><\/td>\n<\/tr>

What’s Prohibited? <\/b><\/p>\n<\/td>\n

Second-degree manslaughter occurs when a human is killed by an offender’s act, procurement, or culpable negligence<\/a> if the killing doesn’t qualify as murder, first-degree manslaughter, or justifiable homicide.<\/td>\n<\/tr>

Owner of Animal that Kills a Person<\/b><\/p>\n

 <\/p>\n<\/td>\n

If a person knows that his animal has a propensity for violence and willfully allows the animal to go at large, or keeps it without ordinary care, then when the animal kills a victim (who took all of the precautions which the circumstances permitted in order to avoid the animal), the animal’s owner is guilty of second-degree manslaughter.<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

Felony. Punishable by imprisonment for between two and four years in the State Penitentiary, imprisonment in a county jail for up to one year, or by a fine of up to $1,000, or both a fine and imprisonment.<\/td>\n<\/tr><\/tbody><\/table>\n

Proof Necessary for a Manslaughter Conviction<\/h2>\n

Under Oklahoma’s manslaughter laws the prosecution must prove both the death of the victim and the fact of the killing by the accused beyond a reasonable doubt<\/a> in order for the defendant to be convicted of manslaughter. This standard essentially means that a defendant can’t be convicted if there is any reasonable doubt about the guilt of the defendant after closely considering all of the evidence presented at trial.<\/p>\n

Additional Resources<\/h2>\n

For case specific information regarding Oklahoma’s involuntary manslaughter law contact a local criminal defense attorney<\/a>.<\/p>\n

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