Oklahoma Strangulation Legislation

Laws

Case Law

• Reed v. State (2016) 373 P.3d 118

  The victim had injuries which suggested strangulation.

• O’Brien v. Berry (2016) 370 P.3d 836

  The victim sought an emergency protective order in tribal court which was declined and set for trial. The victim dismissed her request but refiled in civil court. The victim was thrown her out of bed, dragged to the bathroom, stomped on and choked, causing bruising to her throat and chest. She immediately left, called the police and moved out.  In civil court, the victim was granted a protection order causing the respondent to appeal for a lack of serious physical harm. The Court of Appeal held there was no need to show serious physical harm. It didn’t matter that the victim only received minor injuries. All that is needed is physical harm. The court stated the issue was not moot because the victim sought an emergency protective order in tribal court.

• Johnson v. State (2010) 250 P.3d 901

  It was okay to introduce evidence of rape and strangulation from a prior case involving rape and strangulation.

• Turner v. State, 1990 OK CR 6, 786 P.2d 1251, 1253

  Evidence that the defendant grabbed the victim in a “chokehold,” held a knife to her neck, and pulled her down the hallway justified finding the victim was confined for kidnapping.