Crime of Passion Law Oklahoma
Every time a person kills someone, a homicide is said to have been committed by him/her. However, what is interesting to note in this context that some homicides are considered lawful. For example, an execution sanctioned by the state is regarded as legal. However, other homicides are unlawful. For instance, conspiring to kill the boss because he/she did not give a raise to the offender.
The state of Oklahoma recognizes four kinds of homicide. These are justifiable homicide, excusable homicide, manslaughter, and murder. Manslaughter is further categorized into two types. These are 1st-degree manslaughter and 2nd-degree manslaughter. The article discusses the crime of passion law in Oklahoma, which basically deals with killing someone at the heat of passion. It also explains what is the crime of passion law in Oklahoma all about.
What does the crime of passion mean?
Before discussion what crime of passion is all about, check out the distinction between manslaughter and murder:
Differences between manslaughter and murder
The major distinction between manslaughter and murder is with respect to the presence or absence of malice while killing someone else. Malice refers to the desire or intent of causing severe physical harm or death.
Murder is typically described as the illegal killing of someone else with malice under certain circumstances, which vary marginally from one state to another. On the other hand, manslaughter in the state of Oklahoma is the illegal killing of someone else without malice.
First-degree manslaughter in Oklahoma
Some states in the United States refer to this criminal offense as voluntary manslaughter. However, the crime is referred to as 1st-degree manslaughter in the state. The state of Oklahoma criminalizes taking the life of another person without malice in many situations. Check out some of these situations below, as well as, the details of 1st-degree manslaughter laws in Oklahoma.
What is prohibited by the law?
In Oklahoma, 1st-degree manslaughter is committed in any of the ways listed below:
- A homicide is committed without premeditation to cause death and engaging in committing a misdemeanor
- A homicide that is committed unnecessarily while trying to resist an attempt by the alleged victim (who died) to commit an offense or after the failure of such an attempt, or
- The commission of a homicide without intending to cause death and the killing took place in the sudden heat of passion, however in an unusual or cruel manner, or by using a dangerous weapon.
The crime of passion law Oklahoma excuses homicide in the following scenarios:
- When committed by accident and misfortune in doing any lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent.
- When committed by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon sudden combat provided that no undue advantage is taken, or any dangerous weapon used and that the killing is not done in a cruel or unusual manner.
Punishments for manslaughter in Oklahoma
When a person is convicted for committing 1st- degree (First-degree) manslaughter in the state of Oklahoma and it is a first-time offense, and then the convicted is penalized by a maximum fine of 10,000 USD and a minimum prison term of 4 years.
Punishment for the first-degree manslaughter in the state of Oklahoma when it is not a first-time offense
If a person is convicted for the first-degree manslaughter for the second time, he/she is punished by a maximum fine of 10,000 USD and a prison term of 10 years. On the other hand, when it is a third-time offense or more, the offender has to pay a maximum fine of 10,000 USD and a prison term of 20 years.
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