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Second Degree Manslaughter in Oklahoma Criminal Law
The statute concerning Second Degree Manslaughter is found at Oklahoma Statute Title 21 Section 716 and reads as follows:
Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree.
Punishment for Second Degree Manslaughter
2 years to 4 years in the state penitentiaary or by imprisonment in the county jail not exceeding a year, and by a fine not exceeding $1,000.
Second Degree Manslaughter is not an eighty-five percent (85%) crime.
Oklahoma Jury Instructions for Second Degree Murder
OUJI-CR 4-103 MANSLAUGHTER IN THE SECOND DEGREE - ELEMENTS
No person may be convicted of manslaughter in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, the death of a human;
Second, the death was unlawful;
Third, the death was caused by the culpable negligence of the defendant(s).
OUJI-CR 4-104 MANSLAUGHTER IN THE SECOND DEGREE -CULPABLE NEGLIGENCE DEFINED
The term "culpable negligence" refers to the omission to do something which a reasonably careful person would do, or the lack of the usual ordinary care and caution in the performance of an act usually and ordinarily exercised by a person under similar circumstances and conditions.