In re Adoption of 2012 Revisions to Okla. Uniform Jury Instructions–Criminal (Second Edition)
| Decision Date | 07 August 2012 |
| Docket Number | No. CCAD–2012–1.,CCAD–2012–1. |
| Citation | 2012 OK CR 13,287 P.3d 990 |
| Parties | In re ADOPTION OF the 2012 REVISIONS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS–CRIMINAL (SECOND EDITION). |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
287 P.3d 990
2012 OK CR 13
In re ADOPTION OF the 2012 REVISIONS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS–CRIMINAL (SECOND EDITION).
No. CCAD–2012–1.
Court of Criminal Appeals of Oklahoma.
Aug. 7, 2012.
¶ 1 On May 8, 2012, The Oklahoma Court of Criminal Appeals Committee for Preparation of Uniform Jury Instructions submitted its report and recommendations to the Court for adoption of amendments to Oklahoma Uniform Jury Instructions–Criminal (Second Edition). The Court has reviewed the report by the committee and recommendations for the adoption of the 2012 proposed revisions to the Uniform Jury Instructions. Pursuant to 12 O.S.2011, § 577.2, the Court accepts that report and finds the revisions should be ordered adopted.
¶ 2 IT IS THEREFORE ORDERED ADJUDGED AND DECREED that the report of The Oklahoma Court of Criminal Appeals Committee for Preparation of Uniform Jury Instructions shall be accepted, the revisions shall be available for access via the internet from this Court's web site at www. okcca. net on the date of this order and provided to West Publishing Company for publication. The Administrative Office of the Courts is requested to duplicate and provide copies of the revisions to the judges of the District Courts and the District Courts of the State of Oklahoma are directed to implement the utilization of these revisions effective on the date of this order.
¶ 3 IT IS FURTHER ORDERED ADJUDGED AND DECREED the amendments to existing OUJI–CR 2d instructions, and the adoption of new instructions, as set out in the following designated instructions and attached to this order, are adopted to wit:
3–19A; 3–40; 4–6; 4–6A; 4–7; 4–12A; 4–15A; 4–26A; 4–26B; 4–26C; 4–26D; 4–26E; 4–35; 4–35A; 4–35B; 4–35C; 4–36; 4–37; 4–38; 4–38A; 4–39; 4–40; 4–40A; 4–40B; 4–40C; 4–40D; 4–72; 4–77; 4–93; 4–94; 4–120; 4–124; 4–125; 4–127; 4–129; 4–130; 4–139; 4–146; 5–2; 5–4; 5–105A; 6–17; 6–18; 6–19; 6–20; 6–21; 6–22; 6–53; 6–53A; 6–56A; 8–15; 8–58; 10–13C
¶ 4 The Court also accepts and authorizes the updated committee comments and notes on use to be published, together with the above styled revisions and each amended page in the revisions to be noted at the bottom as follows “(2012 Supp.)”.
¶ 5 IT IS THE FURTHER ORDER OF THIS COURT that the members of The Oklahoma Court of Criminal Appeals Committee for Preparation of Uniform Criminal
[287 P.3d 991]
Jury Instructions be commended for their ongoing efforts to provide up-to-date Uniform Jury Instructions to the bench and the bar of the State of Oklahoma.
¶ 6 IT IS SO ORDERED.
¶ 7 WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 7th day of August, 2012.
/s/ ARLENE JOHNSON, Presiding Judge
/s/ DAVID LEWIS, Vice Presiding Judge
/s/ GARY L. LUMPKIN, Judge
/s/ CHARLES A. JOHNSON, Judge
/s/ CLANCY SMITH, Judge
No person may be convicted of making a materially false statement during an internal investigation unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, knowingly;
Second, making;
Third, a materially false statement, either verbally or in writing;
Fourth, in the course of an internal State agency investigation;
Fifth, after being informed, in writing and prior to the interview, that providing a materially false statement shall subject the person to criminal prosecution.
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Statutory Authority: 21 O.S.2011, § 281.
No person may be convicted of failing to register as a sex offender unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, the person has (been convicted of)/(received a suspended sentence for)/ (received a probationary term for)/(received a deferred judgment for) [specify the particular crime listed in 57 O.S.2011, § 582];
Second, the person received notice that he/she was required to register as a sex offender;
Third, the person failed to register with the (Department of Corrections)/ ( [specify the particular local law enforcement agency in 57 O.S.2011, § 583(A) for the area where the person resides or intends to reside] )/ (Department of Corrections and the [specify the particular local law enforcement agency for the area where the person resides or intends to reside] );
Fourth,(within (three (3))/(two (2)) business days after)/(at least three (3) business days before) [specify the particular event in 57 O.S.2011, § 582 that triggered the registration requirement].
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Statutory Authority: 57 O.S.2011, §§ 582, 583.
The period for which registration as a sex offender is required is based on the numeric risk level assigned by the Department of Corrections. See 57 O.S.2011, §§ 582.5, 583(D). The length of the period and whether the defendant is within it would generally be an issue of law for the judge to determine, rather than an issue for the jury.
No person may be convicted of assault and battery with a deadly weapon unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, an assault and battery;
Second, upon another person;
Third, with a deadly weapon.
[287 P.3d 992]
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Statutory Authority: 21 O.S.2011, § 652(C).
If the victim was an unborn child, the court should also give OUJI–CR 4–57, infra, and, if appropriate, OUJI–CR 4–57A or 4–57B, or both.
Before the amendment of 21 O.S. § 652 in 1992, an intent to take a human life was an element of assault and battery with a deadly weapon. This element was removed from the statute by the 1992 amendment. Goree v. State, 2007 OK CR 21, ¶¶ 3–5, 163 P.3d 583, 584–85.
No person may be convicted of domestic assault and battery with a deadly weapon unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, shooting;
Second, a [Specify Applicable Relationship in 21 O.S.2011, § 644(D)(2) ];
Third, with a deadly weapon;
Fourth, that is likely to produce death;
Fifth, without justifiable or excusable cause.
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Statutory Authority: 21 O.S.2011, § 644(D)(2).
The relationships listed in 21 O.S.2011, § 644(D)(2) are “a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant.”
No person may be convicted of assault and battery by means or force likely to produce death unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, an assault and battery;
Second, upon another person;
Third, with force likely to produce death—;
Fourth, with the intent to take a human life.
If the victim was an unborn child, the court should also give OUJI–CR 4–57, infra, and, if appropriate, OUJI–CR 4–57A or 4–57B, or both
The requirement that the assault and battery was done with the intent to take a human life was removed from 21 O.S. § 652 in 1992. See 1992 Okla. Sess. Laws ch. 192, § 1; Goree v. State, 2007 OK CR 21, ¶¶ 3–5, 163 P.3d 583, 584–85.But see Goree v. State, 2007 OK CR 21, ¶ 5, 163 P.3d 583, 585 (Lumpkin, J., concurring in results) (specific intent to kill is required for offense in § 652(C) of assault and battery in attempting to kill another).
No person may be convicted of domestic assault/(assault and battery) with a dangerous weapon unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
[287 P.3d 993]
First,(an assault)/(a battery)/(an assault and battery);
Second, upon a [Specify Applicable Relationship in 21 O.S.2011, § 644(D)(1) ];
Third, with a sharp/dangerous weapon;
Fourth, without justifiable or excusable cause;
Fifth, with intent to do bodily harm.
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Statutory Authority: 21 O.S.2011, § 644(D)(1).
The relationships listed in 21 O.S.2011, § 644(D)(1) are “a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant.”
No person may be convicted of aggravated assault and battery upon a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer) that results in maiming unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, an assault and battery;
Second, upon a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/ (corrections personnel)/(State peace officer);
Third, that the (defendant(s) knew/(reasonably should have known) was a police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/ (State peace officer);
Fourth, by inflicting...
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