Rape in the first degree is a felony punishable by death or imprisonment in the State Penitentiary, not less than five (5) years, except as provided in Section 3 of this act, in the discretion of the jury, or in case the jury fails or refuses to fix the punishment then the same shall be pronounced by the court.
Okla. Stat. tit. 21, § 1115
R.L. 1910, § 2418; Amended by Laws 1965, SB 376, c. 149, § 1; Amended by Laws 1997, HB 1213, c. 133, §292 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., c. 2, §§ 23-26, emerg. eff. 6/19/1998); Amended by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, § 193, emerg. eff. 7/1/1999; Amended by Laws 2002 , SB 1425, c. 455, § 5, emerg, eff. 6/5/2002; Amended by Laws 2002 , SB 1536, c. 460, § 10, eff. 11/1/2002; Amended by Laws 2007 , HB 1760, c. 261, § 18, eff. 11/1/2007; Amended by Laws 2009 , HB 2029, c. 234, §124, emerg. eff. 5/21/2009.