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.

[NOTE:  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