“Eighty-five percent crimes” are considered the most harmful crimes that can be committed in Oklahoma. They are referred to as 85% crimes because people convicted of these offenses are required to serve no less than 85% of any sentence of imprisonment prior to becoming eligible for consideration for parole. They are not eligible for earned credits or any other type of credits that have the effect of reducing the length of the sentence to less than 85% of the sentence imposed. The 85% crimes in Oklahoma are as follows.
- First degree murder as defined in 21 O.S. § 701.7;
- Second degree murder as defined by 21 O.S. § 701.8;
- Manslaughter in the first degree as defined by 21 O.S. § 711;
- Poisoning with intent to kill as defined by 21 O.S. § 651;
- Shooting with intent to kill, use of a vehicle to facilitate use of a firearm, crossbow or other weapon, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm, as provided for in 21 O.S. § 652;
- Assault with intent to kill as provided for in 21 O.S. § 653;
- Conjoint robbery as defined by 21 O.S. § 800;
- Robbery with a dangerous weapon as defined in 21 O.S. § 801;
- First degree robbery as defined in 21 O.S. § 797;
- First degree rape as provided for in 21 O.S. §§ 1111, 1114 or 1115;
- First degree arson as defined in 21 O.S. § 1401;
- First degree burglary as provided for in 21 O.S. § 1436;
- Bombing as defined in 21 O.S. § 1767.1;
- Any crime against a child provided for in 21 O.S. § 843.5;
- Forcible sodomy as defined in 21 O.S. § 888;
- Child pornography or aggravated child pornography as defined in 21 O.S. §§ 1021.2, 1021.3, 1024.1, 1024.2 or 1040.12a;
- Child prostitution as defined in 21 O.S. § 1030;
- Lewd molestation of a child as defined in 21 O.S. § 1123;
- Abuse of a vulnerable adult, as defined in 43A O.S. § 10-103, who is a resident of a nursing facility;
- Aggravated trafficking as provided for in 63 O.S § 2-41(C);
- Aggravated assault and battery upon any person defending another person from assault and battery; and
- Human trafficking as provided for in 21 O.S. § 748.
In addition to the crimes listed in 21 O.S. § 13.1, there are a few other crimes that carry an 85% minimum amount of time that the offender would have to spend in prison. The first is transporting with intent to distribute, possessing with intent to distribute, manufacturing, or attempting to manufacture a controlled dangerous substance. It is covered in 63 O.S. § 2-401F. For a second or a subsequent offense for this crime, the violator is required to serve 85% of the sentence prior to becoming eligible for correctional institution earned credits towards the completion of the sentence or eligibility for parole.
Additionally, 21 O.S. § 843.1 requires that individuals convicted of abuse, neglect, or financial exploitation by caretaker serve 85% of the sentence that was imposed.
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