Oklahoma

Lower Age: None specified

Upper Age: 17


Discretionary Waiver Okla. Stat., Tit. 10, Sec. 7303-4.3

In the case of a child accused of any felony, the court may, on its own motion or that of the district attorney, first hold a preliminary hearing "to determine whether there is prosecutive merit" in the charges and, if so, following an investigation, conduct a further hearing to determine whether the child should be certified for trial as an adult. The law specifies various factors to be considered in making the latter determination, which must be supported by clear and convincing evidence.


Offense Category Minimum Age Offense Detail

Certain Felonies None specified Any felony.


Direct File Okla. Stat., Tit. 10, Secs. 7306-2.1--7306-2.12

When a child meets statutory age/offense criteria for "youthful offender" status, the district attorney may, after a preliminary investigation conducted by the Department of Juvenile Justice or the county juvenile bureau, file either a delinquency petition or criminal charges against the child. If the district attorney elects to file criminal charges under the Youthful Offender Act, "[a]ll proceedings shall be as for a criminal action;" however, following a conviction, different sentencing provisions apply.



The district attorney must use the youthful offender procedures if the child has previously been prosecuted and sentenced as a youthful offender; see Once an Adult/Always an Adult.



After the district attorney has elected to file criminal charges, and before the preliminary hearing, the accused youthful offender may move the court to be "reverse certified" to the juvenile system; see Reverse Waiver.


Offense Category Minimum Age Offense Detail

Murder 15 Second degree murder; first degree manslaughter.

Person 15/16 15—Kidnapping for the purpose of extortion; armed robbery/attempted armed robbery; first degree rape/attempted first degree rape; rape by instrumentation/attempted rape by instrumentation; forcible sodomy; lewd molestation; shooting with intent to kill.

16—Aggravated assault and battery of a police officer; witness intimidation; assault or assault and battery with a deadly weapon; maiming; second degree rape.

Property 15/16 15—First degree arson/attempted first degree arson.

16—First degree burglary/attempted first degree burglary; second degree burglary after two or more delinquency adjudications for first degree burglary or residential second degree burglary.

Drug 16 Trafficking in or manufacturing illegal drugs.

Weapon 15 Discharging a firearm or other weapon from a vehicle.


Statutory Exclusion Okla. Stat. Tit. 10, Sec. 7306-2.5

A child of at least 13 charged with first degree murder "shall be held accountable for his acts as if he were an adult." A case against such a child is commenced with the filing of criminal charges. (Note, however, that except where a child has previously been certified for adult trial or adult sentencing, the court may order the child certified as a juvenile or youthful offender; see Reverse Waiver.)


[Note—Sec. 7306-1.1, which formerly provided for statutory exclusions of selected offenses from juvenile jurisdiction, now applies only to offenses committed before 1998.]


Offense Category Minimum Age Offense Detail

Murder 13 First degree murder.


Reverse Waiver Okla. Stat., Tit. 10, Sec. 7306-2.5

Sec. 7306-2.6

A child charged with first degree murder as an adult (see Statutory Exclusion) may file a "motion for certification as a youthful offender or a juvenile before the start of the criminal preliminary hearing." Likewise, a child charged as a youthful offender (see Direct File) "may file a motion for certification to the juvenile system before the start of the criminal preliminary hearing." (In the latter case, where a child has been charged as a youthful offender, the court may also hold a "reverse certification" hearing on its own motion at the conclusion of the preliminary hearing.) In either instance, once a motion to certify has been filed, the child's whole juvenile record must be made available to both sides. At the conclusion of the State's case at the preliminary hearing, the child may offer evidence in support of reverse certification. The court must rule on the motion before binding the child over for trial, giving consideration to a list of "guidelines." [Note—The guidelines applicable to reverse certification of those charged as youthful offenders are almost but not quite identical to the guidelines applicable to the reverse certification of those charged as adults.] The court's certification decision need not address each of the guidelines individually, but must state that the court considered them in deliberating over its decision. An order granting or denying the motion for certification is immediately appealable.


Once an Adult, Always Okla. Stat., Tit. 10, Sec. 7303-4.3

Sec. 7306-2.4

A child must be tried as an adult in all subsequent criminal proceedings (and may not be "reverse certified") if any of the following applies: (1) The child was previously certified to stand trial as an adult, or was tried as an adult following the denial of a "reverse certification" motion, and was subsequently convicted or had the imposition of judgment and sentencing against him deferred. (2) The child, in a previous youthful offender proceeding, was certified for adult sentencing and was subsequently convicted or had the imposition of judgment and sentencing against him deferred. (Certification for imposition of adult sentencing is a special procedure available in youthful offender proceedings upon the district attorney's motion.) (3) The child is at least 17 and has been tried and convicted as an adult in another State, or has had the imposition of judgment and sentencing against him deferred.



In addition, a child who has previously been prosecuted and sentenced as a youthful offender must be prosecuted as a youthful offender in all subsequent proceedings.