Okla. Stat. tit. 21 § 51.1

Current through Laws 2024, c. 6.

Section 51.1 - Second and subsequent offenses after conviction of felony

A. Except as otherwise provided in the Elderly and Incapacitated Victim's Protection Program and Section 51.1a of this title, every person who, having been convicted of any felony, commits any crime after such conviction, within ten (10) years of the date following the completion of the execution of the sentence, and against whom the district attorney seeks to enhance punishment pursuant to this section of law, is punishable therefor as follows:

1. If the offense for which the person is subsequently convicted is an offense enumerated in Section 571 of Title 57 of the Oklahoma Statutes and the offense is punishable by imprisonment in the custody of the Department of Corrections for a term exceeding five (5) years, such person is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of ten (10) years to life imprisonment;

2. If the offense of which such person is subsequently convicted is such that upon a first conviction an offender would be punishable by imprisonment in the custody of the Department of Corrections for any term exceeding five (5) years, such person is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of twice the minimum term for a first time offender to life imprisonment. If the subsequent felony offense does not carry a minimum sentence as a first time offender, such person is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of two (2) years to life imprisonment; and

3. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the custody of the Department of Corrections for five (5) years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding ten (10) years.

B. Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense which is an offense enumerated in Section 571 of Title 57 of the Oklahoma Statutes, within ten (10) years of the date following the completion of the execution of the sentence, and against whom the district attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of twenty (20) years to life imprisonment. Felony offenses relied upon shall not have arisen out of the same transaction or occurrence or series of events closely related in time and location. Nothing in this section shall abrogate or affect the punishment by death in all crimes now or hereafter made punishable by death.

C. Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense within ten (10) years of the date following the completion of the execution of the sentence, and against whom the district attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of three times the minimum term for a first time offender to life imprisonment. If the subsequent felony offense does not carry a minimum sentence as a first time offender, the person is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of four (4) years to life imprisonment. Felony offenses relied upon shall not have arisen out of the same transaction or occurrence or series of events closely related in time and location. Nothing in this section shall abrogate or affect the punishment by death in all crimes now or hereafter made punishable by death.

D. A previous conviction for possession of a controlled dangerous substance pursuant to Section 2-402 of Title 63 of the Oklahoma Statutes, or the equivalent law for possession of a controlled dangerous substance from any other jurisdiction, may not be used to enhance punishment pursuant to this section of law.

E. Every person who, having previously been convicted of a felony other than a felony enumerated in Section 571 of Title 57 of the Oklahoma Statutes, is convicted of a second or subsequent felony for:

1. Uttering a subscription on instrument as that of one with the same name, as provided in Section 1592 of this title;

2. Receiving or concealing stolen property, as provided in Section 1713 of this title;

3. False personation of another, as provided in Section 1531 of this title;

4. Unauthorized use of a motor vehicle, as provided in Section 4-102 of Title 47 of the Oklahoma Statutes;

5. Grand larceny, as provided in Section 1705 of this title;

6. False declaration of ownership to a pawnbroker, as provided in Section 1512 of Title 59 of the Oklahoma Statutes;

7. Forgery in the second degree, as provided in Section 1577 of this title;

8. Receiving, possessing or concealing a stolen vehicle, as provided in Section 4-103 of Title 47 of the Oklahoma Statutes; or

9. Larceny of merchandise from a retailer, as provided in Section 1731 of this title, is punishable by imprisonment in the custody of the Department of Corrections for a term of not more than twice the maximum sentence that could have been imposed for a first conviction of the current offense.

Okla. Stat. tit. 21, § 51.1

Amended by Laws 2018 , c. 126, s. 1, eff. 11/1/2018.

Added by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, § 434, emerg. eff. 7/1/1999; Amended by Laws 2001 , SB 397, c. 437, § 3, emerg. eff. 7/1/2001; Amended by Laws 2002 , SB 1425, c. 455, § 1, emerg. eff. 6/5/2002.