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In re Adoption of 2017 Revisions to Oklahoma Uniform Jury Instructions-Criminal

Court of Criminal Appeals of Oklahoma

February 9, 2017

IN RE ADOPTION OF THE 2017 REVISIONS TO THE OKLAHOMA UNIFORM JURY INSTRUCTIONS-CRIMINAL

          ORDER ADOPTING AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS-CRIMINAL (SECOND EDITION)

         ¶1 On January 17, 2017, 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 2017 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:

1-11; 4-128; 4-139; 6-39A; 6-39B; 7-11; 7-12; 8-4; 8-15A; 8-46; 8-61; 9-45; 10-13;

         ¶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 "(2017 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 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 9th day of February, 2017.

          GARY L. LUMPKIN, Presiding Judge

          DAVID B. LEWIS, Vice Presiding Judge

          ARLENE JOHNSON, Judge

          CLANCY SMITH, Judge

          ROBERT L. HUDSON, Judge

         OUJI-CR 1-11

         DEFENDANT'S SELF REPRESENTATION

         [Name of Defendant] has decided to represent himself/herself in this trial and not to use the services of a lawyer. He/She has a constitutional right to do that. This decision must not affect your consideration and your decision whether or not he/she is guilty or not guilty.

         Although the defendant has chosen to represent himself/herself, the court has appointed [Name of Standby Counsel] to assist [Name of Defendant] as standby counsel. This is a standard procedure.

         Notes on Use

         The trial court should give the second paragraph if it has appointed a standby counsel for the defendant.

         OUJI-CR 4-128

         FORCIBLE SODOMY -- ELEMENTS

         No person may be convicted of forcible oral sodomy unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

         First, penetration;

         Second, of the mouth/vagina of the defendant/victim;

         Third, by the mouth/penis of the defendant/victim;

         [ Fourth, which is accomplished by means of force or violence, or threats of force or violence that are accompanied by the apparent power of execution.]

         You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.

         OR

         [ Fourth, by a person over the age of eighteen on a child under the age of sixteen.]

         You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.

         OR

         [ Fourth, committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent].

         You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.

         OR

         [ Fourth, committed by a state/county/municipal/ (political subdivision) employee/contractor/[employee of a contractor of (the state)/ (a county/municipality/(political subdivision of Oklahoma)] upon a person who was under the legal custody, supervision or authority of a (state agency)/county/ municipality/(political subdivision) of Oklahoma.

         You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.

         OR

         [ Fourth, where the victim was at least sixteen but less than twenty years of age;

         Fifth, the victim was a student of a (secondary school)/(junior high)/ high/(public vocational) school;

         Sixth, the defendant was eighteen years of age or older; and

         Seventh, the defendant was an employee of the victim's school system].

         You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.

         OR

         [Fourth, where the victim was at the time unconscious of the nature of the act and this fact was/(should have been) known by the defendant].

         You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.

         OR

         [Fourth, where the victim was intoxicated by a/an narcotic/(anesthetic agent);

         [Fifth, (given by)/(with the knowledge of) the defendant;

         [Sixth, as a means of forcing the victim to submit].

         You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.

         Statutory Authority: 21 O.S. 2011 & Supp. 2016, §§ 886 - 888.

         Notes on Use

         This instruction is intended for use in forcible oral sodomy cases under 21 O.S. 2011 & Supp. 2016, ยง 888. It does not cover forcible anal sodomy, which constitutes the ...


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