Oklahoma Statutes
Title 22. Criminal Procedure

§22-17. Custody and distribution of proceeds from sale of rights arising from criminal act. - A. Every person who has been charged, convicted, has pled...

§OS. 22-18. See the following versions: - OS 22-18v1 (HB 3024, Laws 2022, c. 50, § 1)....

§22-18a. Petition to Expunge Records and Order to Expunge Records. - The following statutory forms of Petition to Expunge Records Pursuant...

§22-18v1. Expungement of records - Persons authorized. - A. Persons authorized to file a motion for expungement, as...

§22-18v2. Expungement of records - Persons authorized. - A. Persons authorized to file a motion for expungement, as...

§22-19. Sealing and unsealing of records - Procedure. - A. Any person qualified under Section 18 of this title...

§22-19a. Arrest or charge as result of identity theft - Expungement on motion of court, district attorney or defendant. - Notwithstanding any provision of Section 18 or 19 of Title...

§22-19b. Oklahoma Identity Theft Passport Program. - A. For purposes of protecting persons who are the victims...

§22-19c. Arrest or charge as result of human trafficking – Expungement on motion of court or defendant. - The court, upon its own motion or upon petition by...

§22-20. Incarceration of single custodial parents - Child placement. - When any person is convicted of an offense against the...

§22-21. Eyewitness identification procedures. - As used in this section: 1. "Blind administration" means the...

§22-22. Policy requiring electronic recording of custodial interrogation of homicide or felony sex offense suspects. - A. As used in this section: 1. "Custodial interrogation" means...

§22-31. Who may resist. - Lawful resistance to the commission of a public offense may...

§22-32. Resistance by party to be injured. - Resistance sufficient to prevent the offense may be made by...

§22-33. Resistance by other person. - Any other person, in aid or defense of the person...

§22-34. Intervention by officers. - Public offenses may be prevented by the intervention of the...

§22-34.1. Peace officers using excessive force - Definition - Adoption of policies and guidelines. - A. Any peace officer, as defined in Section 648 of...

§22-34.2. Reporting incidents of excessive force - Contents of report - Failure to report or making materially false statements. - A. Any peace officer, except a newly employed officer during...

§22-34.3. Racial profiling prohibited. - A. For the purposes of this section, "racial profiling" means...

§22-34.4. Stop or arrest resulting from racial profiling. - Whenever a person who is stopped or arrested believes the...

§22-34.5. Attorney General's Office of Civil Rights Enforcement to establish procedures for filing racial profiling complaint - Annual report of complaints. - A. The Attorney General's Office of Civil Rights Enforcement shall...

§22-35. Persons assisting officers. - When the officers of justice are authorized to act in...

§22-36. Civil and criminal immunity for private citizens aiding police officers - Federal law enforcement officers. - Private citizens aiding a peace officer, or other officers of...

§22-36.1. Police dog handlers - Civil liability. - Any dog handler as defined by Section 648 of Title...

§22-36.2. National Park Service rangers - Arrest authority and immunity from suit. - A National Park Service ranger who, in the official capacity...

§22-37. Distinctive uniforms for police officers - Exceptions. - The governing bodies of the state, county, city or town,...

§22-37.1. Off-duty law enforcement officers - Powers and duties- Liability. - An "off-duty" law enforcement officer in official uniform in attendance...

§22-38. Representation of law enforcement officers by district attorney in civil actions resulting from riot activity. - A law enforcement officer who has no criminal action taken,...

§22-39. Benefits for citizens who aid. - Any citizen who shall be aiding in the maintaining of...

§22-40. Definitions. - As used in Sections 40 through 40.3 of this title:...

§22-40.2. Victim protection order - Victims not to be discouraged from pressing charges. - A. A victim protection order for any victim of rape,...

§22-40.3. Emergency temporary order of protection. - A. When the court is not open for business, the...

§22-40.3A. Reporting of rape, sodomy, or sexual assault incidents –Referral of victim to services programs – Production of records to law enforcement officers. - A. Any physician, surgeon, resident, intern, physician assistant, registered nurse,...

§22-40.5. Short Title. - Sections 2 through 4 of this act shall be known...

§22-40.6. Record of reported incidents of domestic abuse - Reports. - A. It shall be the duty of every law enforcement...

§22-40.7. Expert testimony - Admissibility. - In an action in a court of this state, if...

§22-41. Information of threat. - An information, verified by the oath of the complainant, may...

§22-42. Magistrate must issue warrant. - If it appear from the information that there is just...

§22-43. Proceedings when charge is controverted. - When the person complained of is brought before the magistrate,...

§22-44. Discharge, when. - Unless it appear that there is just reason to fear...

§22-45. Bond required, when. - If, however, there be just reason to fear the commission...

§22-46. When bond is or is not given. - If the undertaking required by the last section be given...

§22-47. Discharge on giving bond. - If the person complained of be committed for not giving...

§22-48. Undertaking sent to district court. - The undertaking must be transmitted by the magistrate to the...

§22-49. Assault or threat in presence of magistrate. - A person who, in the presence of a court or...

§22-50. Person must appear in district court. - A person who has entered into an undertaking to keep...

§22-51. Discharge when complainant fails to appear. - If the complainant do not appear, the person complained of...

§22-52. Proceedings when parties appear. - If both parties appear, the court may hear their proofs...

§22-53. Breach of bond, what constitutes. - An undertaking to keep the peace is broken on the...

§22-54. Prosecution on breach. - Upon the county attorney producing evidence of such conviction to...

§22-55. Allegation and proof. - In the action the offense stated in the record of...

§22-56. Limitation. - Security to keep the peace or to be of good...

§22-57. Costs. - In all cases of security to keep the peace under...

§22-58. Mandatory reporting of domestic abuse - Exceptions. - A. Criminally injurious conduct, as defined by the Oklahoma Crime...

§22-59. Immunity from liability – Presumption of good faith. - A. Any physician, surgeon, resident, intern, physician’s assistant, registered nurse,...

§22-60. Short title. - This act shall be known and may be cited as...

§22-60.1. See the following versions: - OS 22-60.1v1 (HB 4374, Laws 2022, c. 246, § 2)....

§22-60.1v1. Definitions. - As used in the Protection from Domestic Abuse Act and...

§22-60.1v2. Definitions. - As used in the Protection from Domestic Abuse Act and...

§22-60.2. Protective order - Petition - Complaint requirement for certain stalking victims - Fees. - A. A victim of domestic abuse, a victim of stalking,...

§22-60.3. Emergency ex parte order and hearing - Emergency temporary ex parte order of protection. - A. If a plaintiff requests an emergency ex parte order...

§22-60.4. Service of emergency ex parte order or emergency temporary order, petition for protective order and notice of hearing - Full hearing - Final protective order. - A. 1. A copy of a petition for a protective...

§22-60.5. Access to protective orders by law enforcement agencies. - A. Within twenty-four (24) hours of the return of service...

§22-60.6. Violation of emergency temporary, ex parte or final protective order - Penalties. - A. Except as otherwise provided by this section, any person...

§22-60.7. Statewide and nationwide validity of orders. - All orders issued pursuant to the provisions of the Protection...

§22-60.8. Seizure and forfeiture of weapons used to commit act of domestic abuse. - A. Each peace officer of this state shall seize any...

§22-60.9. Warrantless arrest. - A. Pursuant to paragraph 7 of Section 196 of this...

§22-60.11. Protective order – Statement required - Validity. - In addition to any other provisions required by the Protection...

§22-60.12. Foreign protective orders – Presumption of validity – Peace officers immune from liability. - A. It is the intent of the Legislature that all...

§22-60.14. Address confidentiality program. - A. The Legislature finds that persons attempting to escape from...

§22-60.16. Domestic abuse victims not to be discouraged from pressing charges - Warrantless arrests of certain persons - Emergency temporary order of protection. - A. A peace officer shall not discourage a victim of...

§22-60.17. Consideration of certain victims' safety prior to release of defendant on bond - Emergency protective and restraining orders - GPS monitoring. - The court shall consider the safety of any and all...

§22-60.18. Expungement of victim protective orders. - A. Persons authorized to file a motion for expungement of...

§22-60.19. Emergency protective order - Confidentiality. - In proceedings before the court pursuant to Title 10A of...

§22-60.20. Domestic violence, substance abuse, addiction and mental health training. - The Administrative Office of the Courts shall provide annual domestic...

§22-60.21. Short title. - This act shall be known and may be cited as...

§22-60.22. Definitions. - As used in the Uniform Interstate Enforcement of Domestic Violence...

§22-60.23. Judicial enforcement of foreign protection order. - A. A person authorized by the law of this state...

§22-60.24. Nonjudicial enforcement of foreign protection order. - A. A law enforcement officer of this state, upon determining...

§22-60.25. Registration of foreign orders - Certified copy - Inaccurate orders - Affidavits - Fee. - A. Any individual may register a foreign protection order in...

§22-60.26. Immunity from liability. - This state or a local governmental agency, or a law...

§22-60.27. Remedies. - A protected individual who pursues remedies under this act is...

§22-60.28. Uniformity of application and construction. - In applying and construing this act, consideration must be given...

§22-60.29. Application to orders issued before November 1, 2008. - This act applies to protection orders issued before November 1,...

§22-60.30. Integrated domestic violence docket pilot program. - Beginning on January 1, 2016, the Administrative Office of the...

§22-60.31. Family justice centers. - Beginning on January 1, 2016, any governmental entity in a...

§22-61. Domestic violence court program. - A. Subject to the availability of funds, any district or...

§22-70. Use of Force for the Protection of the Unborn Act. - This act may be known and shall be cited as...

§22-71. Legislative findings. - The Legislature finds that: 1. Violence and abuse are often...

§22-72. Definitions. - As used in this section: 1. "Another" means a person...

§22-73. Deadly force to protect unborn justified - Circumstances. - A. A pregnant woman is justified in using force or...

§22-91. Officer may command assistance. - When a sheriff or other public officer authorized to execute...

§22-92. Officer must report names of resisters. - The officer must certify to the court from which the...

§22-93. Refusal to assist officer a misdemeanor. - Every person commanded by a public officer to assist him...

§22-94. Assistance from other counties. - If it appears to the Governor that the power of...

§22-95. Governor to furnish military force, when. - Under the facts and circumstances mentioned in the last section,...

§22-101. Unlawful assemblage. - Where any number of persons, whether armed or not, are...

§22-102. Proceedings if assembly does not disperse - Commanding aid of others. - If the persons assembled do not immediately disperse, the magistrates...

§22-103. Refusal to assist. - If a person so commanded to aid the magistrates or...

§22-104. Neglect of officer respecting unlawful assembly a misdemeanor. - If a magistrate or officer having notice of an unlawful...

§22-105. Officers may disperse assembly and arrest offenders - Commanding aid. - If the persons assembled and commanded to disperse do not...

§22-106. Precautions before endangering life. - Every endeavor must be used, both by the magistrate and...

§22-107. Offenses during riot or insurrection. - A person who, after the publication of a proclamation by...

§22-111. Creation - Staff. - Each district attorney shall create within his office a Bogus...

§22-112. Referral of complaints - Guidelines. - A. Referral of a bogus check complaint to the Bogus...

§22-113. Notice of complaint. - A. Upon referral of a complaint to the Bogus Check...

§22-114. Restitution agreements. - A. The district attorney may enter into a written restitution...

§22-115. District attorney's staff to perform certain duties. - Members of the district attorney's staff shall perform duties in...

§22-116. Annual reports. - A. District attorneys shall prepare and submit an annual report...

§22-121. Offenses commenced outside and consummated within the state. - When the commission of a public offense, commenced without this...

§22-122. Jurisdiction in case of death from duel outside state. - When an inhabitant or resident of this state, by previous...

§22-123. Evasion of statutes relative to dueling and challenges, jurisdiction. - When an inhabitant of this state shall have left the...

§22-124. Offense committed in two counties. - When a public offense is committed, partly in one county...

§22-125. Offense committed near boundary of county. - When a public offense is committed on the boundary of...

§22-125.1. Venue for enforcement of Section 425 of Title 21. - Venue for criminal actions to enforce the provisions of Section...

§22-126. Kidnapping, enticing away children and similar offenses, jurisdiction. - The jurisdiction of an indictment or information: 1. For forcibly...

§22-128. Stolen property moved, jurisdiction. - When property taken in one county, by burglary, robbery, larceny,...

§22-129. Accessory, jurisdiction in case of. - In the case of an accessory in the commission of...

§22-130. Conviction or acquittal outside state or county a bar. - When an act charged as a public offense is within...

§22-131. Conviction or acquittal in one county as bar to prosecution in another. - When an offense is in the jurisdiction of two or...

§22-132. Escape, jurisdiction of prosecution for. - The jurisdiction of a prosecution for escaping from prison is...

§22-133. Stealing property in another state - Receiving such stolen property. - The jurisdiction of a prosecution for stealing in any state...

§22-134. Murder or manslaughter, jurisdiction in certain cases. - The jurisdiction of a prosecution for murder or manslaughter, when...

§22-135. Principal not present, jurisdiction. - The jurisdiction of a prosecution against a principal in the...

§22-136. Acceptance of plea of guilty or nolo contendere upon waiver of venue and consent thereto - Judgments. - If, in any criminal proceeding, the accused enters a plea...

§22-151. Limitations – Murder, first and second degree manslaughter. - A. There is no limitation of the time within which...

§22-152. Statute of limitations. - A. Prosecutions for the crimes of bribery, embezzlement of public...

§22-153. Absence from state, limitation does not run. - If when the offense is committed the defendant be out...

§22-161. Magistrate defined. - A magistrate is an officer having power to issue a...

§22-162. Who are magistrates. - The following persons are magistrates: First. Justices of the Supreme...

§22-171. Complaint - Issuance of warrant of arrest. - When a complaint, verified by oath or affirmation, is laid...

§22-171.1. Arrest warrant for escaped prisoner. - A. Any warden, superintendent or district supervisor within the Department...

§22-171.2. Determination of citizenship status of persons confined in jail - Verification of status - Presumption of flight risk. - A. When a person charged with a felony or with...

§22-171.3. Custody of persons subject to immigration detainer request. - A. A law enforcement agency that has custody of a...

§22-172. Form of warrant. - A warrant of arrest is an order in writing, in...

§22-173. Requisites of warrant. - The warrant must specify the name of the defendant, or,...

§22-174. Warrant directed to whom. - The warrant must be directed to and executed by a...

§22-175. County in which warrant may be served - Who may serve. - All warrants, except those issued for violation of city ordinances,...

§22-176. Taking defendant before magistrate in felony cases - Use of closed circuit television. - If the offense charged in the warrant be a felony,...

§22-177. Taking defendant before magistrate in misdemeanor cases - Use of closed circuit television. - If the offense charged in the warrant be a misdemeanor...

§22-178. Proceedings when bail is taken. - On taking bail, the magistrate must certify that fact on...

§22-179. When bail is not given. - If, on the admission of the defendant to bail, bail...

§22-180. Magistrate absent - Taking defendant before another. - When, by the preceding sections of this chapter, the defendant...

§22-181. Delay in taking before magistrate not permitted. - The defendant must, in all cases, be taken before the...

§22-182. Complaint when defendant taken before magistrate other than one issuing warrant. - If the defendant be taken before a magistrate other than...

§22-183. Offense triable in another county - Proceedings for arrest. - When a complaint is laid before a magistrate of the...

§22-184. Offense triable in another county - Taking defendant before magistrate. - The officer who executes the warrant must take the defendant...

§22-185. Offense triable in another county - Taking defendant before magistrate in misdemeanor cases. - If the offense charged in the warrant issued, pursuant to...

§22-186. Arrest defined. - Arrest is the taking of a person into custody, that...

§22-187. Arrest made by whom. - An arrest may be either: 1. By a peace officer,...

§22-188. Aid to officer. - Every person must aid an officer in the execution of...

§22-189. Arrest, when made. - If the offense charged is a felony, the arrest may...

§22-190. Arrest, how made. - An arrest is made by an actual restraint of the...

§22-190.1. Custody of person arrested without warrant for nonbailable offense. - The person, when arrested without warrant for an offense not...

§22-191. Restraint which is permissible. - The defendant is not to be subjected to any more...

§22-192. Officer must show warrant. - The officer must inform the defendant that he acts under...

§22-193. Resistance, means to overcome. - If, after notice of intention to arrest the defendant, he...

§22-194. Officer may break open door or window, when. - The officer may break open an outer or inner door...

§22-195. Officer's breaking door or window to liberate himself or another arrester. - An officer may break open an outer or inner door...

§22-196. Arrest without warrant by officer. - A peace officer may, without a warrant, arrest a person:...

§22-197. Arrest without warrant, breaking door or window. - To make an arrest, as provided in the last section,...

§22-198. Nighttime, arrest of suspected felon. - He may also at night, without a warrant, arrest any...

§22-199. Authority must be stated on arrest without warrant, when. - When arresting a person without a warrant, the officer must...

§22-200. Arrest by bystander - Officer may take defendant before magistrate. - He may take before a magistrate, a person, who being...

§22-201. Offense committed in presence of magistrate. - When a public offense is committed in the presence of...

§22-202. Arrest by private person. - A private person may arrest another: 1. For a public...

§22-203. Private person must inform person of cause of arrest. - He must, before making the arrest, inform the person to...

§22-204. Private person may break door or window. - If the person to be arrested has committed a felony,...

§22-205. Private person making arrest must take defendant to magistrate or officer. - A private person who has arrested another for the commission...

§22-206. Disarming person arrested. - Any person making an arrest must take from the person...

§22-207. Pursuit and arrest of escaped prisoner. - If a person arrested escape or be rescued, the person...

§22-208. Breaking door or window to arrest person escaping. - To take the person escaping or rescued, the person pursuing...

§22-209. Citation to appear - Issuance - Summons - Failure to appear. - A. A law enforcement officer who has arrested a person...

§22-210. Felony arrest – DNA testing required. - A. Subject to the availability of funds, a person eighteen...

§22-211.1. DNA information inadmissible post-expungement date. - All deoxyribonucleic acid (DNA) samples, records and identifiable information generated...

§22-221. Authority of officers of another state. - Any member of a duly organized state, county, or municipal...

§22-222. Taking prisoner before magistrate. - If an arrest is made in this state by an...

§22-223. Arrests otherwise lawful. - Section 1 of this act shall not be construed so...

§22-224. State includes District of Columbia. - For the purpose of this act the word "state" shall...

§22-225. Fresh pursuit defined. - The term "fresh pursuit" as used in this act shall...

§22-227. Partial invalidity. - If any part of this act is for any reason...

§22-228. Short Title. - This act may be cited as the Uniform Act on...

§22-231. Misdemeanors - Warrant for arrest - Complaint submitted to district attorney - Cost bond. - In all misdemeanor cases, before a warrant shall issue for...

§22-232. Form of cost bond. - The bond may be substantially in the following form: State...

§22-233. Judgment on bond. - In all cases where bonds have been given under the...

§22-234. Discretion to charge as misdemeanor. - When determining the appropriate charge for a person accused of...

§22-251. Magistrate must inform defendant of charge and rights. - When the defendant is brought before a magistrate upon an...

§22-252. Defendant allowed counsel - Messages to counsel - Change of venue. - He must also allow to the defendant a reasonable time...

§22-253. Defendant to be examined. - The magistrate must without a jury, immediately after the appearance...

§22-254. Adjournment of examination. - The examination must be completed at one session unless the...

§22-255. Disposition of defendant on adjournment. - If an adjournment be had for any cause, the magistrate...

§22-256. Commitment for examination. - The commitment for examination is by an indorsement signed by...

§22-257. Duty of magistrate on examination - Subpoenas for witnesses. - At the examination the magistrate must, in the first place,...

§22-258. Preliminary examinations and proceedings thereon. - First: The witnesses must be examined in the presence of...

§22-259. Order of witnesses. - When the examination of the witnesses on the part of...

§22-260. Magistrate to keep depositions - Inspection. - The magistrate or his clerk must keep the depositions taken...

§22-261. Depositions, violation of provisions regarding. - A violation of the provisions of the last section is...

§22-262. Discharge of defendant, when. - After hearing the proofs and the statement of the defendant,...

§22-263. Costs taxed against complainant, when. - If the defendant on a preliminary examination for a public...

§22-264. Defendant held to answer. - If, however, it appear from the examination that any public...

§22-265. Commitment when offense is not bailable. - If the offense be not bailable, the following words or...

§22-266. When offense is bailable. - If the offense is bailable, and bail is taken by...

§22-267. If bail is not taken. - If the offense is bailable, and the defendant is admitted...

§22-268. Commitment. - If the magistrate order the defendant to be committed as...

§22-269. Form of commitment. - The commitment must be to the following effect: County of...

§22-270. Witnesses to give undertaking. - On holding the defendant to answer the magistrate may take...

§22-271. Sureties may be required for witness. - When the magistrate is satisfied, by proof on oath, that...

§22-273. Witness not giving undertaking committed, when. - If a witness, required to enter into an undertaking to...

§22-274. Subsequent security may be demanded - Arrest of witness. - When, however, any material witness on the part of the...

§22-275. Arrested witness may be confined. - In case the person so arrested shall neglect or refuse...

§22-276. Magistrate discharging or holding defendant must return papers and record to court. - When a magistrate has discharged a defendant, or has held...

§22-301. Manner of prosecution of offenses. - Every felony must be prosecuted by indictment or information in...

§22-302. Indictment defined. - An indictment is an accusation in writing, presented by a...

§22-303. Subscription, endorsement and verification of information - Excusing endorsement. - A. The district attorney shall subscribe the district attorney’s name...

§22-304. Information may be amended. - An information may be amended in matter of substance or...

§22-305.1. Deferred prosecution programs - Guidelines - Factors considered. - Before the filing of an information against a person accused...

§22-305.2. District attorney deferred prosecution. - A. If an accused qualifies for the deferred prosecution program,...

§22-305.3. Termination of deferred prosecution agreement. - A. Both the State of Oklahoma and the accused may...

§22-305.4. Completion of program - Records. - If the accused completes the program agreed upon, the State...

§22-305.5. Information - Release or disclosure - Confidentiality - Admissibility as evidence - Violations - Penalties. - A. Information received and collected by any service agency while...

§22-305.6. District Attorneys Council - Duties. - The District Attorneys Council shall assist each district attorney in...

§22-305.7. Restorative justice pilot program. - A. Beginning November 1, 2021, the District Attorneys Council is...

§22-311. Grand jury defined. - A grand jury is a body of men consisting of...

§22-311.1. Petition for convening grand jury - Warning. - Every petition for the convening of a grand jury shall...

§22-312. Challenge of grand jury. - The state, or a person held to answer a charge...

§22-313. Grounds for challenge to panel. - A challenge to the panel may be interposed by either...

§22-314. Jury discharged if challenge allowed. - If a challenge to the panel be allowed, the grand...

§22-315. Grounds for challenge to juror. - A challenge to an individual grand juror may be interposed...

§22-316. Challenge may be oral or written - How tried. - Challenges may be oral or in writing, and must be...

§22-317. Ruling on challenge. - The court must allow or disallow the challenge and the...

§22-318. Effect of challenge allowed. - If a challenge to an individual grand juror is allowed,...

§22-319. Violation, where challenge allowed. - The grand jury must inform the court of a violation...

§22-320. Challenge to be made before jury is sworn - Exception. - Neither the state, nor a person held to answer a...

§22-321. New grand jury in certain cases. - If the grand jury is discharged by the allowance of...

§22-322. Special grand jury. - A grand jury formed and impaneled as to and in...

§22-323. Court to appoint foreman. - From the persons summoned to serve as grand jurors, and...

§22-324. Oath to foreman. - The following oath must be administered to the foreman of...

§22-325. Oath to other jurors. - The following oath must be immediately thereupon administered to the...

§22-326. Charge to grand jury. - The grand jury, being impaneled and sworn, must be charged...

§22-327. Jury to retire. - The grand jury must then retire to a private room...

§22-328. Grand jury must appoint clerk. - The grand jury must appoint one of their number as...

§22-329. Discharge of grand juror. - A member of the grand jury may for ill health...

§22-330. Discharge of grand jury. - On the completion of the business before the grand jury,...

§22-331. General powers and duties of grand jury. - The grand jury has power to inquire into all public...

§22-332. Foreman to swear witness. - The foreman may administer an oath to any witness appearing...

§22-333. Evidence before grand jury. - In the investigation of a charge for the purpose of...

§22-335. Evidence for the accused - Procuring additional evidence. - The grand jurors, upon request of the accused, shall, and...

§22-336. Indictment to be found, when. - The grand jury ought to find an indictment when all...

§22-337. Members to give evidence. - If a member of the grand jury knows, or has...

§22-338. Subjects for inquiry by grand jury. - The grand jury must inquire: 1. Into the case of...

§22-339. Access to prisons and records. - They are also entitled to free access at all reasonable...

§22-340. Advice of court or district attorney – Reproduction or disclosure of transcript - Who may be present. - A. The grand jury may at all reasonable times ask...

§22-341. Proceedings kept secret. - Every member of the grand jury must keep secret whatever...

§22-342. Juror may disclose proceedings, when. - A member of the grand jury may, however, be required...

§22-343. Privilege of grand juror. - A grand juror cannot be questioned for anything he may...

§22-344. Interpreter - Appointment - Compensation. - That upon the request of either the district attorney, or...

§22-345. Restrictions on sessions before and after elections. - No grand jury shall be convened or remain in session...

§22-346. Reports of investigations of public offices or institutions. - In addition to any indictments or accusations that may be...

§22-350. Multicounty Grand Jury Act - Conflicting provisions. - This act shall be known and may be cited as...

§22-351. Verified application - Order - Authority of district attorney. - A. 1. Whenever the Attorney General considers it to be...

§22-352. Regular term - Extension. - A. The regular term of a multicounty grand jury shall...

§22-353. Jurisdiction. - A. The jurisdiction of a multicounty grand jury impaneled under...

§22-354. Powers - Document copies or reproductions. - A. The multicounty grand jury shall have the power to:...

§22-355. Disclosures - Witness right to assistance of counsel. - A. Disclosure of matters occurring before the multicounty grand jury...

§22-356. Jurisdictional limits - Investigations. - Nothing in the Multicounty Grand Jury Act shall be construed...

§22-357. Presentation of evidence - Power to prosecute. - The presentation of evidence to a multicounty grand jury shall...

§22-358. Venue - Consolidation of indictment. - A. Any indictment or accusation for removal by a multicounty...

§22-359. Prospective juror list - Numbers and qualifications. - A. The Administrative Director of the Courts, upon receipt of...

§22-360. Summons for service. - A. The court clerk of the county in which a...

§22-361. Foreman. - From the persons selected to serve as multicounty grand jurors,...

§22-362. Costs and expenses. - The costs and expenses incurred by any multicounty grand jury...

§22-363. Compensation and reimbursement. - Multicounty grand jurors shall be compensated as provided in Section...

§22-381. Indictment may be found by nine - Endorsement. - An indictment cannot be found without the concurrence of at...

§22-382. Charge dismissed, when. - If nine grand jurors do not concur in finding an...

§22-383. Resubmission of charge. - The dismissal of the charge does not, however, prevent its...

§22-384. Names of witnesses endorsed on indictment. - When an indictment is found, the names of the witnesses...

§22-385. Presentment and filing of indictment - Prohibition against disclosure. - An indictment, when found by the grand jury, must be...

§22-386. Proceedings where defendant at large. - When an indictment is found against a defendant who has...

§22-387. Forms and rules of pleading. - All forms of pleading in criminal actions, and rules by...

§22-388. Indictment or information is first pleading. - The first pleading on the part of the state is...

§22-401. Requisites of indictment or information. - The indictment or information must contain: 1. The title of...

§22-402. Indictment or information must be certain and direct. - The indictment or information must be direct and certain as...

§22-403. Designation of defendant by fictitious name. - When a defendant is indicted or prosecuted by a fictitious...

§22-404. Single offense to be charged - Different counts. - The indictment or information must charge but one offense, but...

§22-405. Allegation of time. - The precise time at which the offense was committed need...

§22-406. Misdescription of person injured or intended to be injured. - When an offense involves the commission of, or an attempt...

§22-407. Words, how construed. - The words used in an indictment or information must be...

§22-408. Statute not strictly pursued. - Words used in a statute to define a public offense,...

§22-409. Indictment or information, when sufficient. - The indictment or information is sufficient if it can be...

§22-411. Matters which need not be stated. - Neither presumptions of law, nor matters of which judicial notice...

§22-412. Pleading a judgment. - In pleading a judgment or other determination of, or proceeding...

§22-413. Pleading private statute. - In pleading a private statute, or a right derived therefrom,...

§22-421. Arson - Omission or error in designating owner or occupant. - An omission to designate, or error in designating in indictment...

§22-422. Libel, indictment or information for. - An indictment or information for libel need not set forth...

§22-423. Forgery, misdescription of forged instrument immaterial, when. - When an instrument, which is the subject of an indictment...

§22-424. Perjury, indictment or information for. - In an indictment or information for perjury, or subornation of...

§22-425. Larceny or embezzlement, indictment or information for. - In an indictment or information for the larceny or embezzlement...

§22-426. Obscene literature, indictment or information for handling. - An indictment or information for exhibiting, publishing, passing, selling or...

§22-431. Several defendants. - Upon an indictment or information against several defendants, any one...

§22-432. Accessories and principals in felony. - The distinction between an accessory before the fact and a...

§22-433. Accessory tried independently of principal. - An accessory to the commission of a felony may be...

§22-434. Compounding a crime - Separate prosecution. - A person may be prosecuted for having, with the knowledge...

§22-436. Charging of two or more defendants in same indictment or information - Counts. - Two or more defendants may be charged in the same...

§22-437. Singular to include the plural. - All laws in this chapter wherein the singular of words...

§22-438. Trial of two or more indictments or informations. - The court may order two or more indictments or informations...

§22-439. Relief from prejudicial joinder. - If it appears that a defendant or the state is...

§22-440. Repeal of conflicting laws. - All laws or parts of laws in conflict herewith are...

§22-441. Indictments - When and where transferred. - The grand jury of each county in the state is...

§22-442. Records to be certified to proper court - Costs. - It shall be the duty of the clerk of the...

§22-443. Entry on docket - Process and trial. - All cases transferred from the district court shall be entered...

§22-444. Retransfer in case of error. - When a cause has been improperly transferred to a court...

§22-445. Transfer to county of proper venue. - In all criminal cases pending in any county where the...

§22-451. Arraignment. - When the indictment or information is filed, the defendant must...

§22-452. Defendant must appear personally, when. - If the indictment or information is for a felony the...

§22-453. Officer to bring defendant before court. - When his personal appearance is necessary, if he be in...

§22-454. Bench warrant to issue, when. - If the defendant has been discharged on bail, or have...

§22-455. Bench warrant may issue into one or more counties. - The clerk, on the application of the district attorney, may,...

§22-456. Bench warrant, form of, in case of felony. - The bench warrant must, if the offense is a felony,...

§22-456A. Bench warrant, fee for issuance of. - For the issuance of each bench warrant for a defendant's...

§22-457. Bench warrant in case of misdemeanor or bailable felony. - If the offense is a misdemeanor or a bailable felony,...

§22-458. Court to fix amount of bail - Endorsement. - If the offense charged is bailable the court, upon directing...

§22-459. Defendant held when offense not bailable. - The defendant, when arrested under a warrant for an offense...

§22-460. Bench warrant served in any county. - The bench warrant may be served in any county in...

§22-461. Taking bail in another county. - If the defendant is brought before a magistrate of another...

§22-462. Defendant committed or bail increased after indictment or information. - When the indictment or information is for a felony, and...

§22-463. Commitment order, execution of. - If the defendant is present when the order is made...

§22-465. Arraignment made, how. - The arraignment must be made by the court, or by...

§22-466. Name of defendant. - When the defendant is arraigned he must be informed that...

§22-467. Proceedings when defendant gives no other name. - If he gives no other name, the court may proceed...

§22-468. Proceedings where another name given. - If he alleges that another name is his true name,...

§22-469. Necessity for filing information after preliminary examination. - It shall not be necessary to file an information after...

§22-470. Time for arraignment upon charge of felony. - The arraignment of the defendant shall be held within thirty...

§22-471. Short title. - Sections 1 through 12 of this act shall be known...

§22-471.1. Authorization of drug court programs. - A. For purposes of the Oklahoma Drug Court Act, "drug...

§22-471.2. Eligibility and request for drug court program. - A. The opportunity for review of an offender for a...

§22-471.3. Initial hearing. - A. At the initial hearing for consideration of an offender...

§22-471.4. Eligibility criteria - Investigation. - A. Each drug court team shall develop agreed-upon, objective eligibility...

§22-471.5. Admissibility of statements or evidence. - A. 1. Any statement, or any information procured therefrom, made...

§22-471.6. Final eligibility hearing - Acceptance into program - Duration of participation - Costs and fees - Driving privileges. - A. The drug court judge shall conduct a hearing as...

§22-471.7. Monitoring of treatment progress. - A. The designated drug court judge shall make all judicial...

§22-471.8. Use of program as disciplinary sanction. - The drug court program may be utilized as a disciplinary...

§22-471.9. Successful completion of program. - A. When an offender has successfully completed the drug court...

§22-471.10. Promulgation of rules. - All participating agencies shall promulgate rules as necessary to comply...

§22-471.11. Deferred prosecution programs. - A. Nothing in this act shall preclude the establishment of...

§22-472. Anna McBride Act – Mental health courts. - A. This section shall be known and may be cited...

§22-491. Time to answer indictment or information. - If, on the arraignment, the defendant require it, he must...

§22-492. Pleading to indictment or information. - If the defendant do not require time, as provided in...

§22-493. Indictment or information set aside, when. - The indictment or information must be set aside by the...

§22-494. Hearing on motion to set aside indictment or information. - To enable the defendant to make proof of the matter...

§22-495. Witnesses on hearing to set aside indictment or information. - All witnesses, including grand jurors, shall be bound to answer...

§22-496. Objection to indictment or information waived, when. - If the motion to set aside the indictment or information...

§22-497. Motion to set aside indictment or information heard, when. - The motion must be heard at the time it is...

§22-498. Defendant to answer indictment, when. - If the motion be denied, the defendant must immediately answer...

§22-499. Motion sustained - Defendant discharged, or bail exonerated, when. - If the motion be granted the court must order that...

§22-500. Resubmission of case - Bail. - If the court direct that the case be resubmitted, the...

§22-501. Setting aside indictment or information not a bar. - An order to set aside an indictment or information as...

§22-502. Defendant's pleadings. - The only pleading on the part of the defendant is...

§22-503. Defendant to plead in open court. - Both the demurrer and the plea must be put in...

§22-504. Demurrer to indictment or information. - The defendant may demur to the indictment or information when...

§22-504.1. Motion to quash for insufficient evidence - Proof - Setting aside of indictment or information - Double jeopardy - Denial of motion. - A. In addition to a demurrer to the indictment or...

§22-505. Demurrer to indictment or information, requisites of. - The demurrer must be in writing, signed either by the...

§22-506. Hearing on demurrer. - Upon the demurrer being filed, the objections presented thereby must...

§22-507. Ruling on demurrer. - Upon considering the demurrer, the court must give judgment either...

§22-508. Demurrer sustained, effect of. - If the demurrer is sustained, the judgment is final upon...

§22-509. Demurrer sustained - Defendant discharged or bail exonerated, when. - If the court do not direct the case to be...

§22-510. Proceedings if case resubmitted. - If the court direct that the case be further prosecuted,...

§22-511. Demurrer overruled, defendant to plead. - If the demurrer be overruled, the court must permit the...

§22-512. Certain objections, how taken. - When the objections mentioned in Section 504 appear upon the...

§22-513. Pleas to indictment or information. - There are four kinds of pleas to an indictment or...

§22-514. Pleas to be oral - Entry. - Every plea must be oral and must be entered upon...

§22-515. Form of plea. - The plea must be entered in substantially the following form:...

§22-516. Plea of guilty. - A plea of guilty can in no case be put...

§22-517. Plea of guilty may be withdrawn. - The court may, at any time before judgment, upon a...

§22-518. Plea of not guilty, issues on. - The plea of not guilty puts in issue every material...

§22-519. Plea of not guilty, evidence under. - All matters of fact tending to establish a defense other...

§22-520. Acquittal, what does not constitute. - If the defendant was formally acquitted on the ground of...

§22-521. Acquittal, what constitutes. - When, however, he was acquitted on the merits, he is...

§22-522. Former acquittal or conviction as bar. - When the defendant shall have been convicted or acquitted upon...

§22-523. Refusal to plead. - If the defendant refuse to answer the indictment or information...

§22-524. Preliminary hearing on felony indictment - Time for request - Witnesses - Dismissal. - Upon the return and filing of an indictment for a...

§22-561. Change of venue - When granted - Application - Affidavits and evidence - Removal as to part of defendants. - Any criminal cause pending in the district court may, at...

§22-562. Change of venue - Proceedings - Costs and expenses. - A. The order of removal from the county must be...

§22-563. Disposition of defendant on change of venue. - If the defendant is in custody, the order must provide...

§22-564. Change of venue - Court may require bail. - When the court has ordered a removal of the action,...

§22-565. Change of venue - Recognizance of witnesses. - When a removal of the action is allowed, the court...

§22-566. Trial on change of venue - Records and papers. - The court to which the action is removed must proceed...

§22-576. Trial before judge other than one who conducted preliminary examination. - The judge who conducts the preliminary examination shall not try...

§22-581. Issue of fact arises, when. - An issue of fact arises, 1st, upon a plea of...

§22-582. Issue of fact, how tried. - Issues of fact must be tried by a jury. R.L.1910,...

§22-583. Defendant must be present, when. - If the indictment or information is for a felony, the...

§22-584. Postponement for cause. - When an indictment or information is called for trial, or...

§22-585. Postponement for investigation of claimed alibi. - Whenever testimony to establish an alibi on behalf of the...

§22-591. Same jurors in both civil and criminal actions. - The jurors duly drawn and summoned for the trial of...

§22-592. Trial jury - How formed. - Trial juries for criminal actions may also be formed in...

§22-593. Clerk to prepare and deposit ballots. - At the opening of the court the clerk must prepare...

§22-594. Names of panel called, when - Attachment for absent jurors. - When the case is called for trial, and before drawing...

§22-595. Manner of drawing jury from box. - Before the name of any juror is drawn, the box...

§22-596. Disposition of ballots. - When the jury is completed, the ballots containing the names...

§22-597. Disposition of ballots - After jury discharged. - After the jury is so discharged, the ballots containing their...

§22-598. Disposition of ballot - When juror is absent or excused. - If a juror be absent when his name is drawn...

§22-599. Jurors summoned to complete jury - Treated as original panel. - The names of persons summoned to complete the jury as...

§22-600. Drawing the jury. - The clerk must thereupon, under the direction of the court,...

§22-601. Number of jurors - Oaths - Fines not exceeding Five Hundred Dollars. - The jury consists of twelve persons except that in misdemeanors...

§22-601a. Alternate jurors - Challenges - Oath or affirmation - Attendance upon trial. - Whenever in the opinion of the court the trial of...

§22-601b. Protracted deliberations - Sequestration of alternate jurors. - If, upon final submission of the cause, the court is...

§22-602. Affirmation. - Any juror who is conscientiously scrupulous of taking the oath...

§22-621. Challenges classed. - A challenge is an objection made to the trial jurors,...

§22-622. Several defendants - Challenges. - When several defendants are tried together they cannot sever their...

§22-631. Panel defined. - The panel is a list of jurors returned by a...

§22-632. Challenge to panel. - A challenge to the panel is an objection made to...

§22-633. Causes for challenge to panel. - A. A challenge to the panel can be founded only...

§22-634. When taken - Form and requisites. - A challenge to the panel must be taken before a...

§22-635. Issue on the challenge - Trying sufficiency. - If the sufficiency of the facts alleged as a ground...

§22-636. Challenge and exception may be amended or withdrawn. - If, on the exception, the court deem the challenge sufficient,...

§22-637. Denial of challenge - Trial of fact questions. - If the challenge is denied the denial may, in like...

§22-638. Trial of challenge. - Upon the trial of the challenge, the officers, whether judicial...

§22-639. Bias of officer, challenge for. - When the panel is formed from persons whose names are...

§22-640. Procedure after decision of challenge. - If, upon an exception to the challenge, or a denial...

§22-651. Defendant to be informed of right to challenge. - When twelve men are called as jurors, the defendant must...

§22-652. Classes of challenge to individual. - A challenge to an individual juror is either: First, Peremptory;...

§22-653. When challenge taken. - It must be taken when the jury is full, and...

§22-654. Peremptory challenge defined. - A peremptory challenge may be taken by either party, and...

§22-655. Peremptory challenges - Number allowed. - In all criminal cases the prosecution and the defendant are...

§22-656. Challenge for cause. - A challenge for cause may be taken either by the...

§22-657. Challenges for cause classified. - It is an objection to a particular juror and is...

§22-658. Causes for challenge, in general. - General causes of challenges are: 1. A conviction for felony....

§22-659. Particular causes - Implied bias - Actual bias. - Particular causes of challenge are of two kinds: 1. For...

§22-660. Implied bias, challenge for. - A challenge for implied bias may be taken for all...

§22-661. Right of exemption from service not cause for challenge. - An exemption from service on a jury is not a...

§22-662. Cause for challenge must be stated - Form and entry of challenge - Juror not disqualified for having formed opinion, when. - In a challenge for implied bias, one or more of...

§22-663. Exception to the challenge. - The adverse party may except to the challenge in the...

§22-664. Trial of challenges. - All challenges, whether to the panel or to individual jurors...

§22-665. Trial of challenge - Examining jurors. - Upon the trial of a challenge to an individual juror,...

§22-666. Other witnesses. - Other witnesses may also be examined on either side, and...

§22-667. Ruling on challenge. - On the trial of a challenge the court must either...

§22-691. Challenges to individual jurors. - All challenges to individual jurors must be taken, first by...

§22-692. Order of challenges for cause. - The challenges of either party for cause need not all...

§22-693. Peremptory challenges. - If all challenges on both sides are disallowed, either party,...

§22-701. Defendant a competent witness - Comment on failure to testify - Presumption. - In the trial of all indictments, informations, complaints and other...

§22-703. Subpoena defined. - The process by which the attendance of a witness before...

§22-704. Magistrate may issue subpoena. - A magistrate before whom complaint is laid, or to whom...

§22-705. District attorney to issue subpoenas for grand jury. - The district attorney may issue subpoena, subscribed by him, for...

§22-706. Issuing subpoenas for trial. - The district attorney may in like manner issue subpoena for...

§22-707. Defendant's subpoenas. - The clerk of the court at which an indictment is...

§22-708. Form of subpoena. - A subpoena, authorized by the last four sections, must be...

§22-709. Continuances, witness must take notice of. - Every witness summoned in a criminal action pending in a...

§22-710. Subpoena duces tecum. - If the books, papers or documents be required, a direction...

§22-711. Service of subpoena by whom - Return. - A peace officer must serve in his county, city, town...

§22-712. Service, manner of - Cost. - A. Service of subpoenas for witnesses in criminal actions in...

§22-715. Witness residing outside county – Subpoena of court clerks. - A. No person is obliged to attend as a witness...

§22-716. Disobedience to subpoena. - Disobedience to a subpoena, or a refusal to be sworn...

§22-717. Disobeying defendant's subpoena - Forfeiture. - A witness disobeying a subpoena issued on the part of...

§22-718. Witnesses - Fees and mileage. - A witness who appears from another state to testify in...

§22-719. Persons held as material witnesses to be informed of constitutional rights - Fees. - Whenever any person shall be taken into custody by any...

§22-720. Detainment of person as material witness. - A. If a law enforcement officer has probable cause to...

§22-721. Definitions. - "Witness" as used in this act shall include a person...

§22-722. Summoning witness in this state to testify in another state. - A. If a judge of a court of record in...

§22-723. Witness from another state summoned to testify in this state. - A. If a person in any state, which by its...

§22-724. Exemption from arrest and service of process. - If a person comes into this state in obedience to...

§22-725. Uniformity of interpretation. - This act shall be so interpreted and construed as to...

§22-726. Short title. - This act may be cited as "Uniform Act to Secure...

§22-727. Constitutionality. - If any provision of this act or the application thereof...

§22-728. Short Title. - This act shall be known and may be cited as...

§22-729. Definitions. - As used in this act: 1. "Penal institution" means a...

§22-730. Certificate from another state to compel witness to appear and testify - Notice, order and hearings. - A. A judge of a state court of record in...

§22-731. Transfer order - Determinations necessary - Copy of certificate attached - Directions and prescriptions - Responsibilities of requesting jurisdiction. - A. A judge may issue a transfer order if, at...

§22-732. Transfer order - Additional conditions - Expenses of return of witness - Effective date. - A. An order to a witness and to a person...

§22-733. Act inapplicable to certain persons. - This act does not apply to a person in this...

§22-734. Certificate from this state to another state to compel prisoner to appear and testify - Contents - Presentation - Notice to attorney general of other state. - A. If a person confined in a penal institution in...

§22-735. Order directing compliance with terms and conditions of order from another state. - A judge of the court in this state may enter...

§22-736. Immunity from arrest and civil or criminal process. - If a witness from another state comes into or passes...

§22-737. Construction of act. - This act shall be so construed as to effect its...

§22-741. Overt act in conspiracy. - Upon a trial for conspiracy, in a case where an...

§22-742. Accomplice, testimony of. - A conviction cannot be had upon the testimony of an...

§22-743. False pretenses, evidence of. - Upon a trial for having, with an intent to cheat...

§22-744. Seduction, corroboration of prosecutrix. - Upon a trial for inveigling, enticing or taking away an...

§22-745. Murder, burden of proof in mitigation of. - Upon a trial for murder, the commission of the homicide...

§22-746. Bigamy, proof on trial for. - Upon a trial for bigamy, it is not necessary to...

§22-747. Forgery of bill or note of corporation or bank, proof on trial for. - Upon a trial for forgery any bill or note purporting...

§22-748. Perjury in court, evidence as to. - In cases of perjury, where the perjury is charged to...

§22-749. Sworn statements taken by district attorney or peace officer of persons having knowledge of criminal offense - Use. - A. In the investigation of a criminal offense, the district...

§22-751. Admission of findings - Laboratory and medical examiner's reports - Release of controlled dangerous substances - Compelled attendance in court of report preparers. - A. At any hearing prior to trial or at a...

§22-751.1. DNA profile - Use as evidence - Notification of defendant. - A. As used in this act: 1. "Deoxyribonucleic Acid (DNA)"...

§22-761. Conditional examination of witnesses. - When a defendant has been held to answer a charge...

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Oklahoma Statutes Title 22. Criminal Procedure

Oklahoma Statutes
Title 22. Criminal Procedure