A. Except as otherwise provided in the Elderly and Incapacitated Victim's Protection Program and Section 51.1a of this title, every person who, having been convicted of any felony, commits any crime after such conviction, within ten (10) years of the date following the completion of the execution of the sentence, and against whom the district attorney seeks to enhance punishment pursuant to this section of law, is punishable therefor as follows:

1. If the offense for which the person is subsequently convicted is an offense enumerated in Section 571 of Title 57 of the Oklahoma Statutes and the offense is punishable by imprisonment in the custody of the Department of Corrections for a term exceeding five (5) years, such person is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of ten (10) years to life imprisonment;

2. If the offense of which such person is subsequently convicted is such that upon a first conviction an offender would be punishable by imprisonment in the custody of the Department of Corrections for any term exceeding five (5) years, such person is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of twice the minimum term for a first time offender to life imprisonment. If the subsequent felony offense does not carry a minimum sentence as a first time offender, such person is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of two (2) years to life imprisonment; and

3. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the custody of the Department of Corrections for five (5) years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding ten (10) years.

B. Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense which is an offense enumerated in Section 571 of Title 57 of the Oklahoma Statutes, within ten (10) years of the date following the completion of the execution of the sentence, and against whom the district attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of twenty (20) years to life imprisonment. Felony offenses relied upon shall not have arisen out of the same transaction or occurrence or series of events closely related in time and location. Nothing in this section shall abrogate or affect the punishment by death in all crimes now or hereafter made punishable by death.

C. Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense within ten (10) years of the date following the completion of the execution of the sentence, and against whom the district attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of three times the minimum term for a first time offender to life imprisonment. If the subsequent felony offense does not carry a minimum sentence as a first time offender, the person is punishable by imprisonment in the custody of the Department of Corrections for a term in the range of four (4) years to life imprisonment. Felony offenses relied upon shall not have arisen out of the same transaction or occurrence or series of events closely related in time and location. Nothing in this section shall abrogate or affect the punishment by death in all crimes now or hereafter made punishable by death.

D. A previous conviction for possession of a controlled dangerous substance pursuant to Section 2-402 of Title 63 of the Oklahoma Statutes, or the equivalent law for possession of a controlled dangerous substance from any other jurisdiction, may not be used to enhance punishment pursuant to this section of law.

E. Every person who, having previously been convicted of a felony other than a felony enumerated in Section 571 of Title 57 of the Oklahoma Statutes, is convicted of a second or subsequent felony for:

1. Uttering a subscription on instrument as that of one with the same name, as provided in Section 1592 of this title;

2. Receiving or concealing stolen property, as provided in Section 1713 of this title;

3. False personation of another, as provided in Section 1531 of this title;

4. Unauthorized use of a motor vehicle, as provided in Section 4-102 of Title 47 of the Oklahoma Statutes;

5. Grand larceny, as provided in Section 1705 of this title;

6. False declaration of ownership to a pawnbroker, as provided in Section 1512 of Title 59 of the Oklahoma Statutes;

7. Forgery in the second degree, as provided in Section 1577 of this title;

8. Receiving, possessing or concealing a stolen vehicle, as provided in Section 4-103 of Title 47 of the Oklahoma Statutes; or

9. Larceny of merchandise from a retailer, as provided in Section 1731 of this title, is punishable by imprisonment in the custody of the Department of Corrections for a term of not more than twice the maximum sentence that could have been imposed for a first conviction of the current offense.

Historical Data

---

Laws 1999, 1st Extr. Sess., HB 1009, c. 5, § 434, emerg. eff. July 1, 1999; Amended by Laws 2001, SB 397, c. 437, § 3, emerg. eff. July 1, 2001 (superseded document available); Amended by Laws 2002, SB 1425, c. 455, § 1, emerg. eff. June 5, 2002 (superseded document available); Amended by Laws 2018, SB 649, c. 126, § 1, eff. November 1, 2018 (superseded document available).

Citationizer^® Summary of Documents Citing This Document

---

Cite	Name	Level
Oklahoma Court of Criminal Appeals Cases
	Cite	Name	Level
	2003 OK CR 3, 64 P.3d 556,	STATE ex rel. LANE v. BASS	Cited
	2006 OK CR 24, 137 P.3d 682,	COATES v. STATE	Discussed
	2006 OK CR 39, 144 P.3d 170,	TOWNSEND v. STATE	Cited
	2007 OK CR 20, 171 P.3d 911,	LACY v. STATE	Discussed
	2007 OK CR 22, 163 P.3d 587,	QUILLEN v. STATE	Cited
	2008 OK CR 20, 188 P.3d 196,	PLATT v. STATE	Cited
	2008 OK CR 27, 194 P.3d 133,	WATTS v. STATE	Discussed at Length
	2008 OK CR 28, 197 P.3d 1094,	WATTS v. STATE	Discussed at Length
	2009 OK CR 19, 210 P.3d 840,	SKINNER v. STATE	Cited
	2009 OK CR 25, 217 P.3d 629,	STATE v. KEMP	Discussed
	2010 OK CR 17, 237 P.3d 800,	McINTOSH v. STATE	Discussed at Length
	2013 OK CR 19, 315 P.3d 392,	LEVERING v. STATE	Discussed at Length
	2016 OK CR 4, 370 P.3d 828,	LEWALLEN v. STATE	Discussed at Length
	2016 OK CR 8, 371 P.3d 1131,	STATE v. BLACKSHER	Discussed
	2016 OK CR 29, 395 P.3d 1,	TUCKER v. STATE	Discussed
	2018 OK CR 32, 429 P.3d 690,	THOMPSON v. STATE	Cited
	2018 OK CR 33, 431 P.3d 985,	BIVENS v. STATE	Discussed
	2019 OK CR 21, 449 P.3d 1272,	HAMMICK v. STATE	Cited
	2019 OK CR 25, 451 P.3d 566,	KELLEY v. STATE	Cited
	2020 OK CR 7, 470 P.3d 296,	FRAZIER v. STATE	Cited
	2020 OK CR 12, 478 P.3d 449,	MAHDAVI v. STATE	Cited
	2022 OK CR 27, 526 P.3d 1158,	METOYER v. STATE	Discussed
	2025 OK CR 14,	IN RE: REVISION OF PORTION OF THE RULES OF THE COURT OF CRIMINAL APPEALS	Discussed at Length
	2025 OK CR 13,	IN RE ADOPTION OF THE 2025 REVISIONS TO THE OKLAHOMA UNIFORM JURY INSTRUCTIONS CRIMINAL (SECOND EDITION)	Discussed at Length
Oklahoma Supreme Court Cases
	Cite	Name	Level
	2010 OK 70, 240 P.3d 702,	IN THE MATTER OF THE APPLICATION OF SPILMAN	Cited
Oklahoma Session Laws - 2002
	Cite	Name	Level
	2002 O.S.L. 455, 2002 O.S.L. 455,	Crimes and punishments; enhancing punishment for rape, forcible sodomy, lewd molestation, sexual abuse of a child after former conviction of offenses. Emergency.	Discussed
Title 21. Crimes and Punishments
	Cite	Name	Level
	21 O.S. 51.2,	Punishment for Second and Subsequent Offenses after Conviction of Offense Punishable by Imprisonment in State Penitentiary -- Exclusions	Cited
	21 O.S. 1125,	Zone of Safety Around Schools, Child Care Facilities, Playgrounds, and Parks - Penalties - Exemptions	Cited
	21 O.S. 644,	Punishment for Assault and Battery	Discussed at Length
	21 O.S. 20L,	Class C1 Criminal Offenses - Punishment	Cited
	21 O.S. 20M,	Class C2 Criminal Offenses - Punishment	Cited
	21 O.S. 20N,	Class D1 Criminal Offenses - Punishment	Discussed
	21 O.S. 20O,	Class D2 Criminal Offenses - Punishment	Cited
	21 O.S. 20P,	Class D3 Criminal Offenses - Punishment	Cited
	21 O.S. 644,	Punishment for Assault and Battery	Discussed at Length
Title 63. Public Health and Safety
	Cite	Name	Level
	63 O.S. 2-401,	Prohibited Acts A - Penalties	Discussed

Citationizer: Table of Authority

---

Cite	Name	Level
Title 21. Crimes and Punishments
	Cite	Name	Level
	21 O.S. 51.1,	Punishment for Second and Subsequent Offenses after Conviction of Offense Punishable by Imprisonment in State Penitentiary	Cited
	21 O.S. 51.1,	Punishment for Second and Subsequent Offenses after Conviction of Offense Punishable by Imprisonment in State Penitentiary	Cited
Title 57. Prisons and Reformatories
	Cite	Name	Level
	57 O.S. 571,	Definitions	Discussed