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Oklahoma law

Criminal Defense Laws in Oklahoma.

Oklahoma enacted the Sentencing Modernization Act (HB 1792) effective January 1, 2026, which restructured the felony classification system from unstructured to 14 felony classes (A1 through F2) with presumptive sentencing ranges. Oklahoma retains the death penalty and has carried out executions in recent years. SQ 780 (2016) reclassified many drug possession and property crimes from felonies to misdemeanors, and the Clean Slate Act (HB 3316) provides automatic expungement for eligible offenses.

Last verified: 2026-02-25

State law

Statute of Limitations

No limit for murder; 7 years for most felonies; 3 years for misdemeanors22 O.S. § 152

Murder has no statute of limitations. Most felonies must be charged within 7 years. Bribery and certain financial crimes within 7 years. Misdemeanors within 3 years. The statute is tolled when the defendant is absent from the state.

Exceptions

Sex Crimes Against Minors12 years from age 18 or DNA match22 O.S. § 152(C)

Sex crimes against children under 18 must be prosecuted within 12 years after the victim turns 18. If DNA evidence identifies the suspect, prosecution must begin within 3 years of the DNA match.

DUI3 years (misdemeanor); 7 years (felony)47 O.S. § 11-902

First and second DUI offenses are misdemeanors (3-year SOL). Third and subsequent offenses within 10 years are felonies (7-year SOL). Oklahoma also has a "DUI drugs" provision covering controlled substances and marijuana.

State law

Key Oklahoma Statutes

Sentencing Modernization Act (HB 1792)HB 1792 (effective January 1, 2026)

Restructures Oklahoma's felony system into 14 classes: A1 (life/death-eligible, e.g., first-degree murder), A2 (20–life, e.g., kidnapping), B1/B2, C1/C2, D1/D2, E1/E2, F1/F2. Establishes presumptive sentencing ranges, departure guidelines, and a felony sentencing commission. Replaces the prior system of offense-specific ranges.

Pre-2026 Felony Sentencing (Still Applies to Pre-2026 Offenses)21 O.S. § 9.1 et seq.

Offenses committed before January 1, 2026 use the prior system: offense-specific ranges (e.g., Robbery First Degree: 10 years to life). No class system. Maximum sentences doubled for second felony convictions, tripled for third.

Oklahoma authorizes the death penalty for first-degree murder with aggravating circumstances. Methods: lethal injection (primary), nitrogen hypoxia (secondary), electrocution (tertiary), firing squad (quaternary). The Oklahoma Death Penalty Review Commission has recommended reforms but executions continue.

SQ 780/781 (Drug & Property Reclassification)63 O.S. § 2-402; 21 O.S. § 1706

State Question 780 (2016) reclassified simple drug possession and property crimes under $1,000 from felonies to misdemeanors. SQ 781 directs savings from reduced incarceration to a County Community Safety Investment Fund for rehabilitation programs.

Clean Slate Act (Automatic Expungement)HB 3316 (22 O.S. § 18 et seq.)

Provides automatic expungement for qualifying nonviolent misdemeanors after the later of 5 years from completion of sentence or 10 years from the filing date. Felony expungement remains petition-based: nonviolent felonies after 5 years from completion of sentence. Violent crimes and sex offenses are not eligible.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Oklahoma.

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