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MANSLAUGHTER


FIRST DEGREE MANSLAUGHTER

21 O.S. 711 First Degree Manslaughter

Homicide is manslaughter in the first degree in the following cases:
1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.

2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.

3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.

Elements of First Degree Manslaughter

No person may be convicted of manslaughter in the first degree by heat of passion unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, the death of a human;

Second, caused by the defendant(s);

Third, the death was not excusable or justifiable;

Fourth, the death was inflicted in a cruel and unusual manner;

Fifth, when performing the conduct which caused the death, defendant(s) was/were in a heat of passion.

OR

Fourth
, the death was inflicted by means of a dangerous weapon;

Fifth, when performing the conduct which caused the death, defendant(s) was/were in a heat of passion.

Punishment First Degree Manslaughter

Any person guilty of manslaughter in the first degree shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than four (4) years.

SECOND DEGREE MANSLAUGHTER

21 O.S. 716 Second Degree Manslaughter

Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree.

Elements of Second Degree Manslaughter

No person may be convicted of manslaughter in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, the death of a human;

Second, the death was unlawful;

Third, the death was caused by the culpable negligence of the defendant(s).

Punishment Second Degree Manslaughter

Any person guilty of manslaughter in the second degree shall be guilty of a felony punishable by imprisonment in the State Penitentiary not more than four (4) years and not less than two (2) years, or by imprisonment in a county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both fine and imprisonment.

NEGLIGENT HOMICIDE

47 O.S. 11-903 Negligent Homicide

When the death of any person ensues within one (1) year as a proximate result of injury received by the driving of any vehicle by any person in reckless disregard of the safety of others, the person so operating such vehicle shall be guilty of negligent homicide.

Elements of Negligent Homicide

No person may be convicted of negligent homicide unless the State proves beyond a reasonable doubt each element of the crime. These elements are:

First, the death of a human;

Second, caused by the defendant's driving a vehicle upon a highway;

Third, in reckless disregard of the safety of others;

[Fourth, the death occurred within a year of the infliction of the injury causing death].

[Fifth, the defendant was 16 years of age or older].

Punishment for Negligent Homicide

Any person convicted of negligent homicide shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year or by fine of not less than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

In addition to the fine or penalty, the court shall order the person to attend a driver improvement or defensive driving course, as provided in Section 6-206.1 of this title. Furthermore, if the records of the Department of Public Safety for the person reflect a conviction for any traffic offense within the three (3) years immediately preceding the conviction for negligent homicide, the fine shall be enhanced to double the amount of the fine imposed pursuant to this subsection.

The Commissioner of Public Safety shall revoke the license or permit to drive and any nonresident operating privilege of any person convicted of negligent homicide.



 

 

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