Oklahoma prosecutors can seek death penalty for child rape on first offense

OKLAHOMA CITY — People convicted of sex offenses against children can be sentenced to death or life without parole on their first offense under a new law signed by Gov. Kevin Stitt.

Senate Bill 599, authored by Sen. Warren Hamilton, R-McCurtain, allows prosecutors to pursue the death penalty for the rape of a child under 14 for first-time offenders.

Under existing law, the offender must have been previously convicted of the sex crime to be eligible for the death penalty.

For lewd molestation against a child under the age of 12, an offender can receive the death penalty, a sentence of at least 10 years or life or life without parole. The law currently requires a sentence of at least 25 years of incarceration.

This law makes Oklahoma one of the states with the toughest penalties for child sex offenses.

“Oklahoma is sending a clear and unequivocal message, crimes against our most vulnerable citizens, our children, will be met with the harshest consequences,” Hamilton said in a statement.

The Oklahoma District Attorney’s Council was involved in the crafting of this legislation and made recommendations to shape its language, he said. Prosecutors will continue to have discretion about which sentence to seek.

Hamilton said this law makes Oklahoma one of the states with the toughest penalties for child sex offenses.

“I deeply appreciate Gov. Stitt for signing this crucial legislation,” he said. “His action reaffirms our state’s commitment to justice and to protecting children from predators who, frankly, don’t deserve a second chance.”

The legislation passed through the Legislature with the only “no” votes coming from some House and Senate Democrats.

The new law takes effect Nov. 1.

Source: oklahomavoice.com, Emma Murphy, May 28, 2025

"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde

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