Oklahoma Capital Punishment Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
Popularly known as "the death penalty," capital punishment is a legal sentence under Oklahoma's criminal statutes for certain crimes. Oklahoma has executed a total of 111 people since the Supreme Court reinstated the death penalty in 1976, giving the Sooner State one of the highest rates of executions per capita. Here is a quick introduction to capital punishment laws in Oklahoma.
Capital Punishment Statutes in Oklahoma
States are permitted some freedom in crafting their own capital punishment laws. Only 18 states have banned capital punishment while 32 states still have death penalty laws in place. The following table lists the specifics of Oklahoma's capital punishment laws.
Code Section |
Oklahoma Statutes Title 21 §§701.9, et seq.: Death Penalty; Oklahoma Statutes Title 22 §§1005, et seq.: Insanity of Death Row Inmate |
Is Capital Punishment Allowed? |
Yes |
Effect of Defendant's Incapacity |
Suspend sentence if insane or pregnant |
Minimum Age |
No minimum age |
Available for Crimes Other than Homicide? |
None |
Definition of Capital Homicide |
Previous felony conviction involving use/threat of violence; knowingly created great risk of death to more than one person; for remuneration or employed another for remuneration; especially heinous, atrocious or cruel; avoiding lawful arrest or prosecution; committed while serving sentence for felony; probability of defendant being continuing threat to society; victim was a peace officer or guard |
Method of Execution |
Lethal injection or electrocution if lethal injection held to be unconstitutional or firing squad if both of above found to be unconstitutional |
After being outlawed, and then reinstated, by the United State Supreme Court, capital punishment remains a very divisive topic in American politics and society. The majority of recent national polls show close to an even split between those in favor of the death penalty and others who prefer life imprisonment for those guilty of murder. Public support for the death penalty has declined in recent years, coinciding with a decrease in executions overall. Only 29 people were executed in 2014, down from a post-1978 peak of 98 in 1999. Most of these executions occurred in Florida, Missouri, and Texas.
Related Resources for Oklahoma Capital Punishment Laws:
Criminal charges are serious, especially one which might carry the death penalty. If you would like legal advice regarding a death penalty matter, you can contact an Oklahoma criminal law attorney. You can also find more information and resources on this topic in FindLaw's section on Capital Punishment and the Death Penalty.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Oklahoma attorneys offer free consultations.
Stay up-to-date with how the law affects your life

Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.