Classifications of Homicide
What You Need To Know
The most basic definition of homicide is the killing of one human being by another. Oklahoma law divides such killings into four (4) categories: murder, manslaughter, excusable homicide, or justifiable homicide.
Murder
There are two degrees of murder in Oklahoma. Murder in the first degree involves all killings completed with malice aforethought (i.e. premeditation) or all killings that result from the commission of one of thirteen enumerated felonies. Those felonies are:
- Murder or attempted murder of another;
- Shooting with intent to kill;
- Discharge of a firearm or other deadly weapon into a building;
- Forcible rape;
- Robbery with a dangerous weapon;
- Kidnapping;
- Escape from lawful custody;
- Eluding an officer;
- Burglary (First Degree);
- Arson (First Degree);
- Unlawful distribution of controlled dangerous substances;
- Trafficking in illegal drugs;
- Manufacturing or attempted manufacturing of controlled dangerous substances.
The penalty for first degree murder is either life, life without parole (LWOP), or death.
Murder in the second degree
Murder in the second degree involves killings that are not premeditated but either result from an imminently dangerous act evincing a “depraved mind” or those killings that result from a commission of any felony other than the thirteen listed above. The penalty for second degree murder is ten (10) years to life in the Department of Corrections.
Manslaughter
Oklahoma law recognizes two degrees of manslaughter. Manslaughter in the first degree occurs when either the killing was not premeditated but arose from the commission of a misdemeanor offense, or the killing was conducted in a cruel manner or with a dangerous weapon but while the perpetrator was under a heat of passion, or when done unnecessarily and unreasonably during the resistance to a crime. The penalty for first degree manslaughter is four (4) years to life in the Department of Corrections.
Manslaughter in the second degree is a “catch all” that involves all killings that are not murder, first degree manslaughter, justified or excused. The penalty for second degree manslaughter is two (2) to four (4) years in the Department of Corrections – or up to one (1) year in the county jail – and a fine of not more that one thousand dollars ($1,000.00).
Negligent Homicide
Oklahoma also recognizes a special statute for homicides that result from the reckless operation of a motor vehicle. Any person found guilty of negligent homicide shall be punished by up to one (1) year in the county jail and a minimum fine of one thousand dollars ($1,000.00).
