Legal Definitions

§21-4. Crimes classified.

Crimes are divided into:

1.  Felonies;
2. Misdemeanors.

R.L.1910, § 2085.

§21-5. Felony defined. A felony is a crime which is, or may be, punishable with death, or by imprisonment in the penitentiary. R.L. 1910, § 2086. Amended by Laws 1997, c. 133, § 11, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 2, eff. July 1, 1999. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 11 from July 1, 1998, to July 1, 1999. §21-6. Misdemeanor defined. Every other crime is a misdemeanor. R.L.1910, § 2087. R.L.1910, § 2087. §21-91. Terms to have meanings specified unless different meaning appears. Wherever the terms mentioned in the following sections are employed in this title, they are deemed to be employed in the senses hereafter affixed to them, except where a different sense plainly appears. R.L. 1910, § 2818. Amended by Laws 1997, c. 43, § 1, emerg. eff. April 7, 1997. §21-92. Willfully defined. The term "willfully" when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage. R.L.1910, § 2819. §21-93. Negligent - Negligence. The terms "neglect," "negligence," "negligent" and "negligently," when so employed, import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. R.L.1910, § 2820. §21-94. Corruptly. The term "corruptly" when so employed, imports a wrongful design to acquire some pecuniary or other advantage to the person guilty of the act or omission referred to. R.L.1910, § 2821. §21-95. Malice - Maliciously. The terms "malice" and "maliciously," when so employed, import a wish to vex, annoy or injure another person, established either by proof or presumption of law. R.L.1910, § 2822. §21-96. Knowingly. The term "knowingly," when so applied, imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission. R.L.1910, § 2823. §21-97. Bribe. The term "bribe" signifies any money, goods, right in action, property, thing of value or advantage, present or prospective, or any promise or undertaking, asked, given or accepted, with a corrupt intent to influence unlawfully the person to whom it is given, in his action, vote or opinion, in any public or official capacity. R.L.1910, § 2824. §21-98. Vessel. The word "vessel," when used with reference to shipping, includes ships of all kinds, steamboats, and steamships, canal boats, and every structure adapted to be navigated from place to place. R.L.1910, § 2825. §21-99. Peace officers. The term "peace officer" means any sheriff, police officer, federal law enforcement officer, tribal law enforcement officer, or any other law enforcement officer whose duty it is to enforce and preserve the public peace. R.L. 1910, § 2826. Amended by Laws 1995, c. 240, § 3, emerg. eff. May 24, 1995; Laws 1997, c. 43, § 2, emerg. eff. April 7, 1997; Laws 2013, c. 249, § 1, eff. Nov. 1, 2013. §21-100. Signature. The term "signature" includes any name, mark or sign, written with the intent to authenticate any instrument or writing. R.L.1910, § 2827. §21-101. Writing includes printing. The term "writing" includes printing. R.L.1910, § 2828. §21-102. Real property. The term "real property" includes every estate, interest and right in lands, tenements and hereditaments. R.L.1910, § 2829. §21-103. Personal property. The term "personal property" includes every description of money, goods, chattels, effects, evidences of right in action, and written instruments by which any pecuniary obligation, right or title to property, real or personal, is created or acknowledged, transferred, increased, defeated, discharged or diminished. R.L.1910, § 2830. §21-104. Property defined. The term "property" includes both real and personal property. R.L.1910, § 2831. §21-105. Person defined. The word "person" includes corporations, as well as natural persons. R.L.1910, § 2832. §21-106. Person as designating party whose property may be subject of offense. Where the term "person" is used in this chapter to designate the party whose property may be the subject of any offense, it includes this state, any other state, government or country which may lawfully own any property within this state, and all public and private corporations or joint associations, as well as individuals. R.L.1910, § 2833.

§21-107. Singular includes plural. The singular number includes the plural, and the plural the singular. R.L.1910, § 2834. §21-108. Gender. Words used in the masculine gender comprehend as well the feminine and neuter. R.L.1910, § 2835. §21-109. Present tense. Words used in the present tense include the future, but exclude the past. R.L.1910, § 2836. §21-110. Intent to defraud. Whenever, by any of the provisions of this chapter, an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association or body politic or corporate whatever. R.L.1910, § 2837. §21-111. Force. A. In all instances of sexual assault including, but not limited to, rape, rape by instrumentation and forcible sodomy where force is alleged, the term "force" shall mean any force, no matter how slight, necessary to accomplish the act without the consent of the victim. The force necessary to constitute an element need not be actual physical force since fear, fright or coercion may take the place of actual physical force. B. The Oklahoma Court of Criminal Appeals is requested and authorized to proceed to prescribe, institute and publish within ten (10) days of the effective date of this act a uniform instruction to be given in jury trials of criminal cases that defines the term "force" consistent with the definition provided for in subsection A of this section. Added by Laws 2016, c. 349, § 2, emerg. eff. June 6, 2016. §21-112. Sexual assault. The term "sexual assault" is any type of sexual contact or behavior that occurs without explicit consent of the recipient including, but not limited to, forced sexual intercourse, forcible sodomy, child molestation, child sexual abuse, incest, fondling and all attempts to complete any of the aforementioned acts. Added by Laws 2016, c. 349, § 3, emerg. eff. June 6, 2016. §21-113. Consent. The term "consent" means the affirmative, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter which can be revoked at any time. Consent cannot be: 1. Given by an individual who: a. is asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason, or b. is under duress, threat, coercion or force; or 2. Inferred under circumstances in which consent is not clear including, but not limited to: a. the absence of an individual saying "no" or "stop", or b. the existence of a prior or current relationship or sexual activity. Added by Laws 2016, c. 349, § 4, emerg. eff. June 6, 2016. §21-171. Classification of parties. The parties to crimes are classified as: Principals, and, Accessories. R.L.1910, § 2103. d §21-172. Principals defined. All persons concerned in the commission of crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, are principals. R.L.1910, § 2104. §21-173. Accessories defined. All persons who, after the commission of any felony, conceal or aid the offender, with knowledge that he has committed a felony, and with intent that he may avoid or escape from arrest, trial, conviction, or punishment, are accessories. R.L.1910, § 2105. §21-174. No accessories to misdemeanor. In misdemeanor, there are no accessories. R.L.1910, § 2106. §21-550. Common barratry defined. Common barratry is the practice of exciting groundless judicial proceedings. R.L.1910, § 2262. §21-551. Barratry a misdemeanor. Common barratry is a misdemeanor. R.L.1910, § 2263. §21-641. Assault defined. An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another. R.L. 1910 Sec. 2340. §21-642. Battery defined. A battery is any willful and unlawful use of force or violence upon the person of another. R.L.1910, § 2341.

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