OK §21‑733. Justifiable homicide by any person.

OK §21‑733. Justifiable homicide by any person.

State: Oklahoma

Oklahoma Statutes (O.S.)

Title 21. Crimes and Punishments

§21‑733.  Justifiable homicide by any person.

A. Homicide is also justifiable when committed by any person in any of the following cases:

1. When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is;

2. When committed in the lawful defense of such person or of another, when the person using force reasonably believes such force is necessary to prevent death or great bodily harm to himself or herself or another or to terminate or prevent the commission of a forcible felony; or

3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.

B. As used in this section, “forcible felony” means any felony which involves the use or threat of physical force or violence against any person.

NOTE: Updated by LOSD 10/24/17. Prior version with changes shown, below:

A. Homicide is also justifiable when committed by any person in either of the following cases:

1. When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is; or,

2. When committed in the lawful defense of such person or of another, when the person using force reasonably believes such force is necessary to prevent death or great bodily harm to himself or herself or another or to terminate or prevent the commission of a forcible felony; of his or her husband, wife, parent, child, master, mistress, or servant, when there is a reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished; or,

3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.

B. As used in this section, “forcible felony” means any felony which involves the use or threat of physical force or violence against any person.

[NOTE [2/5/13]:  The Oklahoma courts have substantially altered the state’s actual law of self defense from what a plain reading of this statute might suggest.  It is essential to a sound understanding of the law of self defense in Oklahoma to review the relevant Oklahoma Uniform Jury Instructions (O.U.J.I.), which are hyperlinked below this statute.]  

Homicide is also justifiable when committed by any person in either of the following cases:

1.  When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is; or,

2.  When committed in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, when there is a reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished; or,

3.  When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.

R.L.1910, § 2334

 

[Below are links to self-defense-relevant Oklahoma Uniform Jury Instructions (O.U.J.I.):]

OK OUJI-CR 8-1.  DEFENSE OF ANOTHER – INTRODUCTION

OK OUJI-CR 8-2.  DEFENSE OF ANOTHER – JUSTIFIABLE USE OF DEADLY FORCE

OK OUJI-CR 8-3.  DEFENSE OF PERSON -JUSTIFIABLE USE OF FORCE TO PREVENT OFFENSE

OK OUJI-CR 8-4.  DEFENSE OF ANOTHER -JUSTIFIABLE USE OF NONDEADLY FORCE

OK OUJI-CR 8-5.  DEFENSE OF ANOTHER – BURDEN OF PROOF

OK OUJI-CR 8-6.  DEFENSE OF ANOTHER – WHEN DEFENSE NOT AVAILABLE

OK OUJI-CR 8-7.  DEFENSE OF ANOTHER – DEFENSE REESTABLISHED

OK OUJI-CR 8-8. DEFENSE OF ANOTHER – WHEN DEFENSE AVAILABLE

OK OUJI-CR 8-9. DEFENSE OF ANOTHER – AGGRESSOR DEFINED

OK OUJI-CR 8-10.  DEFENSE OF ANOTHER – WHEN PERSON AIDED IS A TRESPASSER

OK OUJI-CR 8-11.  DEFENSE OF ANOTHER – TRESPASSER DEFINED

OK OUJI-CR 8-12.  DEFENSE OF ANOTHER – DEFINITIONS

OK OUJI-CR 8-13. DEFENSE OF PROPERTY – INTRODUCTION

OK OUJI-CR 8-14.  DEFENSE OF PROPERTY – JUSTIFIABLE USE OF DEADLY FORCE IN DEFENSE OF HABITATION

OK OUJI-CR 8-15.  DEFENSE OF PERSON – JUSTIFIABLE USE OF DEADLY FORCE AGAINST INTRUDER

OK OUJI-CR 8-15A.  DEFENSE OF PERSON – RIGHT TO STAND YOUR GROUND

OK OUJI-CR 8-16.  DEFENSE OF PROPERTY – JUSTIFIABLE USE OF NONDEADLY FORCE

OK OUJI-CR 8-17.  DEFENSE OF PROPERTY – BURDEN OF PROOF

OK OUJI-CR 8-18.  DEFENSE OF PROPERTY – DEFINITIONS

OK OUJI-CR 8-45.  DEFENSE OF SELF-DEFENSE – INTRODUCTION

OK OUJI-CR 8-46.  DEFENSE OF SELF-DEFENSE – JUSTIFIABLE USE OF DEADLY FORCE

OK OUJI-CR 8-47.  DEFENSE OF SELF-DEFENSE – BATTERED WOMEN CASES

OK OUJI-CR 8-48. DEFENSE OF SELF-DEFENSE JUSTIFIABLE USE OF NONDEADLY FORCE

OK OUJI-CR 8-49. DEFENSE OF SELF-DEFENSE – BURDEN OF PROOF

OK OUJI-CR 8-50.  DEFENSE OF SELF-DEFENSE – WHEN DEFENSE NOT AVAILABLE

OK OUJI-CR 8-51.  DEFENSE OF SELF-DEFENSE – DEFENSE REESTABLISHED

OK OUJI-CR 8-52.  DEFENSE OF SELF-DEFENSE – NO DUTY TO RETREAT

OK OUJI-CR 8-53.  DEFENSE OF SELF-DEFENSE – AGGRESSOR DEFINED

OK OUJI-CR 8-54.  DEFENSE OF SELF-DEFENSE – AVAILABILITY TO A TRESPASSER

OK OUJI-CR 8-55.  DEFENSE OF SELF-DEFENSE – TRESPASSER DEFINED

OK OUJI-CR 8-56.  DEFENSE OF SELF-DEFENSE – DEFINITIONS

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