Felonies Generally Carry 2 Year Sentence

  When the Penal Code was first established in Oklahoma, the original thinking was that a 2 year sentence was generally as stiff of a punishment as we were going to impose. Now they did intend for specific heinous crimes to carry a tougher sentence, but they specified that a 1-2 year sentence was the default range which judges were to impose, once guilt was established.

§21-9.  Punishment of felonies.

Except in cases where a different punishment is prescribed by this title, or by some existing provision of law, every offense declared to be a felony is punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary not exceeding two (2) years, or by both such fine and imprisonment.

§21-10.  Punishment of misdemeanor.

Except in cases where a different punishment is prescribed by this chapter or by some existing provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding one year or by a fine not exceeding five hundred dollars, or both such fine and imprisonment.

R.L.1910, § 2091.

Barratry In the Court!

   Every officer of a court has a duty to refuse a case which is groundless. So why does the practice continue?

  In common law, barratry is the offense committed by people who are "overly officious in instigating or encouraging prosecution of groundless litigation" or who bring "repeated or persistent acts of litigation" for the purposes of profit or harassment.

§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.

Concealing Dead Bastards Is Forbidden

  All yer kids need to be recorded. Not just yer noble young uns! If 'n ye gots a bastard an ye been too shamed to come forward. It'll be a bad punishment!

§21-863.  Concealing stillbirth or death of child.

Every woman who endeavors either by herself or by the aid of others to conceal the stillbirth of an issue of her body, which if born alive would be a bastard, or the death of any such issue under the age of two (2) years, is punishable by imprisonment in the county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.

R.L.1910, § 2438.

Four Legal Ways To Be A Bigamist

  Bigamy remains illegal in Oklahoma. That's no surprise. But there are 4 situations where the bigamist will not be prosecuted.

1. Any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
2. Any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
3. Any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
4. Any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

§21-881. Bigamy defined.

Every person who having been married to another who remains living, marries any other person except in the cases specified in the next section is guilty of bigamy.

R.L.1910, § 2439.

§21-882.  Exceptions to the rule of bigamy.

The last preceding section does not extend:

1.  To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,

2.  To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,

3.  To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,

4.  To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

Criminal Asset Forfeiture Generally Forbidden

  Even when crimes have been committed and guilt has been established, Asset Forfeiture is generally illegal, in Oklahoma.

   Our first legal code was established in 1910. And unless a specific crime has a stated statutory penalty of the loss of property used in that crime or gained through the illegal activity; there is to be a protection of property rights for the convicted individual. Treason is the one exception stated in this matter.

§21-68.  Conviction does not work forfeiture.

No conviction of any person for crime works any forfeiture of any property, except in the cases of any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.

Four Legal Ways To Be A Bigamist

  Bigamy remains illegal in Oklahoma. That's no surprise. But there are 4 situations where the bigamist will not be prosecuted.

1. Any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
2. Any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
3. Any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
4. Any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

§21-881. Bigamy defined.

Every person who having been married to another who remains living, marries any other person except in the cases specified in the next section is guilty of bigamy.

R.L.1910, § 2439.

§21-882.  Exceptions to the rule of bigamy.

The last preceding section does not extend:

1.  To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,

2.  To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,

3.  To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,

4.  To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

Criminal Asset Forfeiture Generally Forbidden

  Even when crimes have been committed and guilt has been established, Asset Forfeiture is generally illegal, in Oklahoma.

   Our first legal code was established in 1910. And unless a specific crime has a stated statutory penalty of the loss of property used in that crime or gained through the illegal activity; there is to be a protection of property rights for the convicted individual. Treason is the one exception stated in this matter.

§21-68.  Conviction does not work forfeiture.

No conviction of any person for crime works any forfeiture of any property, except in the cases of any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.