As used in the Oklahoma Statutes, unless another definition is specified:

1. “Capacity” means the actual available bedspace as certified by the State Board of Corrections subject to applicable federal and state laws and the rules and regulations promulgated under such laws; and

2. “Violent crime” means any of the following felony offenses and any attempts to commit or conspiracy or solicitation to commit the following crimes:

a. assault, battery, or assault and battery with a dangerous or deadly weapon, as provided for in Sections 645 and 652 of Title 21 of the Oklahoma Statutes,

b. assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm, as provided for in Section 652 of Title 21 of the Oklahoma Statutes,

c. aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law, as provided for in Section 650 of Title 21 of the Oklahoma Statutes,

d. poisoning with intent to kill, as provided for in Section 651 of Title 21 of the Oklahoma Statutes,

e. shooting with intent to kill, as provided for in Section 652 of Title 21 of the Oklahoma Statutes,

f. assault with intent to kill, as provided for in Section 653 of Title 21 of the Oklahoma Statutes,

g. assault with intent to commit a felony, as provided for in Section 681 of Title 21 of the Oklahoma Statutes,

h. assaults with a dangerous weapon while masked or disguised, as provided for in Section 1303 of Title 21 of the Oklahoma Statutes,

i. murder in the first degree, as provided for in Section 701.7 of Title 21 of the Oklahoma Statutes,

j. murder in the second degree, as provided for in Section 701.8 of Title 21 of the Oklahoma Statutes,

k. manslaughter in the first degree, as provided for in Section 711 of Title 21 of the Oklahoma Statutes,

l. manslaughter in the second degree, as provided for in Section 716 of Title 21 of the Oklahoma Statutes,

m. kidnapping, as provided for in Section 741 of Title 21 of the Oklahoma Statutes,

n. burglary in the first degree, as provided for in Section 1431 of Title 21 of the Oklahoma Statutes,

o. burglary with explosives, as provided for in Section 1441 of Title 21 of the Oklahoma Statutes,

p. kidnapping for extortion, as provided for in Section 745 of Title 21 of the Oklahoma Statutes,

q. maiming, as provided for in Section 751 of Title 21 of the Oklahoma Statutes,

r. robbery, as provided for in Section 791 of Title 21 of the Oklahoma Statutes,

s. robbery in the first degree, as provided for in Section 797 et seq. of Title 21 of the Oklahoma Statutes,

t. robbery in the second degree, as provided for in Section 797 et seq. of Title 21 of the Oklahoma Statutes,

u. armed robbery, as provided for in Section 801 of Title 21 of the Oklahoma Statutes,

v. robbery by two or more persons, as provided for in Section 800 of Title 21 of the Oklahoma Statutes,

w. robbery with dangerous weapon or imitation firearm, as provided for in Section 801 of Title 21 of the Oklahoma Statutes,

x. child abuse, as provided for in Section 843.5 of Title 21 of the Oklahoma Statutes,

y. wiring any equipment, vehicle, or structure with explosives, as provided for in Section 849 of Title 21 of the Oklahoma Statutes,

z. forcible sodomy, as provided for in Section 888 of Title 21 of the Oklahoma Statutes,

aa. rape in the first degree, as provided for in Section 1114 of Title 21 of the Oklahoma Statutes,

bb. rape in the second degree, as provided for in Section 1114 of Title 21 of the Oklahoma Statutes,

cc. rape by instrumentation, as provided for in Section 1111.1 of Title 21 of the Oklahoma Statutes,

dd. lewd or indecent proposition or lewd or indecent act with a child under sixteen (16) years of age, as provided for in Section 1123 of Title 21 of the Oklahoma Statutes,

ee. use of a firearm or offensive weapon to commit or attempt to commit a felony, as provided for in Section 1287 of Title 21 of the Oklahoma Statutes,

ff. pointing firearms, as provided for in Section 1289.16 of Title 21 of the Oklahoma Statutes,

gg. rioting, as provided for in Section 1311 of Title 21 of the Oklahoma Statutes,

hh. inciting to riot, as provided for in Section 1320.2 of Title 21 of the Oklahoma Statutes,

ii. arson in the first degree, as provided for in Section 1401 of Title 21 of the Oklahoma Statutes,

jj. injuring or burning public buildings, as provided for in Section 349 of Title 21 of the Oklahoma Statutes,

kk. sabotage, as provided for in Section 1262 of Title 21 of the Oklahoma Statutes,

ll. criminal syndicalism, as provided for in Section 1261 of Title 21 of the Oklahoma Statutes,

mm. extortion, as provided for in Section 1481 of Title 21 of the Oklahoma Statutes,

nn. obtaining signature by extortion, as provided for in Section 1485 of Title 21 of the Oklahoma Statutes,

oo. seizure of a bus, discharging firearm or hurling missile at bus, as provided for in Section 1903 of Title 21 of the Oklahoma Statutes,

pp. mistreatment of a mental patient, as provided for in Section 843.1 of Title 21 of the Oklahoma Statutes,

qq. using a vehicle to facilitate the discharge of a weapon pursuant to Section 652 of Title 21 of the Oklahoma Statutes,

rr. bombing offenses as defined in Section 1767.1 of Title 21 of the Oklahoma Statutes,

ss. child sexual abuse material or aggravated child sexual abuse material as defined in Section 1021.2, 1021.3, 1024.1 or 1040.12a of Title 21 of the Oklahoma Statutes,

tt. child sex trafficking as defined in Section 1030 of Title 21 of the Oklahoma Statutes,

uu. abuse of a vulnerable adult as defined in Section 10-103 of Title 43A of the Oklahoma Statutes,

vv. aggravated trafficking as provided for in subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes,

ww. aggravated assault and battery upon any person defending another person from assault and battery, as provided for in Section 646 of Title 21 of the Oklahoma Statutes,

xx. human trafficking, as provided for in Section 748 of Title 21 of the Oklahoma Statutes,

yy. terrorism crimes as provided in Section 1268 et seq. of Title 21 of the Oklahoma Statutes,

zz. eluding a peace officer, as provided for in subsection B or C of Section 540A of Title 21 of the Oklahoma Statutes, or

aaa. domestic abuse by strangulation, a subsequent offense of domestic assault and battery, domestic assault with a dangerous weapon, domestic assault and battery with a dangerous weapon, domestic assault and battery resulting in great bodily injury, domestic assault and battery with a deadly weapon, or domestic abuse against a pregnant woman with knowledge of the pregnancy as provided for in Section 644 of Title 21 of the Oklahoma Statutes.

Such offenses shall constitute exceptions to nonviolent offenses pursuant to Article VI, Section 10 of the Oklahoma Constitution.

Historical Data

Laws 1984, SB 445, c. 97, § 2, emerg. eff. April 4, 1984; Amended by Laws 1984, SB 9, c. 275, § 1, emerg. eff. May 31, 1984; Amended by Laws 1993, SB 467, c. 276, § 10, emerg. eff. May 27, 1993; Amended by Laws 2001, SB 397, c. 437, § 30, emerg. eff. July 1, 2001 (superseded document available); Amended by Laws 2007, SB 905, c. 358, § 10, emerg. eff. July 1, 2007 (superseded document available); Amended by Laws 2007, HB 1327, c. 166, § 1, eff. November 1, 2007 (repealed by Laws 2008, SB 1830, c. 3, § 30, emerg. eff. February 28, 2008) (superseded document available); Amended by Laws 2008, SB 1830, c. 3, § 29, emerg. eff. February 28, 2008 (superseded document available); Amended by Laws 2015, SB 412, c. 397, § 1, eff. November 1, 2015 (superseded document available); Amended by Laws 2018, HB 2286, c. 117, § 4, eff. November 1, 2018 (superseded document available); Amended by Laws 2019, HB 2281, c. 152, § 1, eff. November 1, 2019 (superseded document available); Amended by Laws 2020, HB 3251, c. 28, § 1, eff. November 1, 2020 (superseded document available); Amended by Laws 2021, HB 2544, c. 121, § 2, eff. November 1, 2021 (superseded document available); Amended by Laws 2023, SB 537, c. 212, § 2, eff. November 1, 2023 (superseded document available); Amended by Laws 2024, HB 3936, c. 59, § 40, eff. November 1, 2024; Amended by Laws 2024, HB 3450, c. 151, § 13, eff. November 1, 2024 (superseded document available); Amendment by Laws 2024, HB 3450, c. 151, § 13, amended by Laws 2025, SB 541, c. 162, § 3, eff. November 1, 2025 (superseded document available); Amendment by Laws 2024, c. 59, § 40, repealed by Laws 2026, SB 2184, c. 217, § 79, emerg. eff. May 6, 2026 (superseded document available).