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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

 

 

A

 

Abduction

Elements, 4-112

Introduction, 4-109

 

Abstracts

Falsifying by Abstracter, 5-83

 

Abuse

Defined, 4-148

 

Accessory

Aid, 2-4

Conceal, 2-4

Definition, 2-4

Elements, 2-2

Introduction, 2-1

Underlying crime, 2-3

 

Accident

Being involved in, 6-21

Causing, 6-22

 

Accident and Misfortune

Lawful act (defense of excusable homicide), 8-28

No undue advantage taken (defense of excusable homicide), 8-29

 

Accomplice

Corroborating evidence, 9-28

Corroboration by another accomplice, 9-31

Corroboration, insufficient, 9-31

Corroboration, sufficient, 9-32

Court determination, 9-30

Defined, 9-26

Determination by jury, 9-29

Necessity of corroboration, 9-30

Use of testimony, 9-25

 

Actual Physical Control

Defined, 6-35

Elements, 6-20

Introduction, 6-17

 

Adequate provocation

Defined, 4-98

 

Administrator

Defined, 5-30

 

Admission

Multiple defendants, 9-16

 

Adult in Need of Protective Services

Defined, 4-58

 

Agent

Defined, 5-30

 

Aggravated Assault and Battery

Great bodily injury inflicted, 4-23

Upon aged or decrepit victim, 4-24

Upon Department of Human Services employee, 4-18

Upon emergency medical care provider, 4-21

Upon police or other officer, 4-15

Upon police or other officer that results in maiming, 4-15A

Upon school employee - elements, 4-17B

 

Aggressor

Defined (defense of another), 8-9

Defined (self-defense), 8-53

 

Aid

Defined, 2-4

 

Aiding and Abetting

Abandonment defense, 2-7

Burden of proof of abandonment defense, 2-8

Criminal intent, 2-9

Definitions, 2-9

Introduction, 2-5

Principal, 2-6

 

Aircraft

Larceny of, 5-100

Interfering with, 5-119

 

Alcohol

Actual physical control, 6-20

Introduction, 6-17

Driving under the influence, 6-18

Refusal to Take Blood Alcohol Test, 9-47

 

Alibi

Requirements, 8-57

 

Allen Charge, 10-11


Altercation

Defined, 8-56

 

Altering to Make

Defined, 5-91

 

Anal Intercourse

Defined, 4-56

 

Animals, Cruelty to

Defenses, 7-3

Elements, 7-2

Introduction, 7-1

Interference with or mistreatment of police dog or horse, elements, 7-4

Interference with or mistreatment of police dog or horse, during commission of a crime, elements, 7-5

Killing of police dog or horse, elements, 7-6

Killing of police dog or horse, during commission of a crime, elements, 7-7

 

Another, Defense of

Aggressor defined, 8-9

Burden of proof, 8-5

Defense reestablished, 8-7

Definitions, 8-12

Introduction, 8-1

Justifiable use of deadly force, 8-2

Justifiable use of nondeadly force, 8-4

Trespasser defined, 8-11

When defense available, 8-8

When defense not available, 8-6

When person aided is a trespasser, 8-10

 

Appropriate

Defined, 5-30

 

Appropriating Property, 5-20, 5-22, 5-23, 5-25, 5-27, 5-29

 

Appurtenance

Defined, 5-106

 

Arson

Attempt, 5-8, 5-9

Definitions, 5-3, 5-10

Degrees of, 5-2, 5-4, 5-6, 5-7, 5-8, 5-9

First degree, 5-2

Fourth degree, 5-8, 5-9

Inhabited or occupied, defined, 5-3

Insurance, 5-7

Introduction, 5-1

Malicious, defined, 5-10

Second degree, 5-4

Third degree, 5-6, 5-7

Uninhabited or unoccupied, defined, 5-5

Willful, defined, 5-10

With specific intent, 5-7

 

Assault

Defense of consent, 4-27

Defined, 4-2

Definitions, 4-28

Domestic Assault with a dangerous weapon - Elements, 4-12A

Elements, 4-25

Elements of Assault and battery, 4-26

Transferred intent, 4-11

Throwing/transferring/placing body waste/fluids upon government employee/contractor - elements, 4-18C

Upon court officer, 4-19

Upon Department of Corrections employee, 4-18A

Upon emergency medical care provider, 4-20

Upon employee of a (facility for delinquent children)/(juvenile detention center)/(juvenile bureau), 4-18B

Upon police or other peace officer, 4-16

Upon referee, etc., 4-17

Upon school employee/student - elements, 4-17A

With dangerous weapon, 4-12

With deadly weapon, 4-21

With firearm, 4-13, 4-21

With intent to commit a felon, 4-14

With intent to kill, 4-10

 

Assault and Battery

Aggravated, 4-15, 4-18, 4-21, 4-23, 4-24

Domestic Abuse against pregnant woman - Elements, 4-26E

Domestic Abuse - Elements, 4-26A

Domestic Abuse in presence of child - Elements, 4-26C

Domestic Abuse - Strangulation - Elements, 4-26D

Domestic Abuse with great bodily injury- Elements, 4-26B

Domestic Assault and Battery with a deadly weapon, 4-6A

Domestic Assault and Battery with a dangerous weapon - Elements, 4-12A

Force likely to produce death, 4-7

Other attempts to kill, 4-8

Resisting execution of legal process, 4-9

Shooting with intent to kill, 4-4

Upon court officer, 4-19

Upon Department of Corrections employee, 4-18A

Upon emergency medical care provider, 4-20

Upon employee of a (facility for delinquent children)/(juvenile detention center)/(juvenile bureau), 4-18B

Upon police or other peace officer, 4-16

Upon referee, etc., 4-17

Upon school employee/student - elements, 4-17A

Upon school employee - elements, 4-17B

Use of vehicle (drive by shooting), 4-5

With dangerous weapon, 4-12

With deadly weapon, 4-6

With firearm, 4-13

 

Assault While Masked

Elements, 5-51


Assignation

Defined, 4-56

 

Assignee in Trust

Defined, 5-30

 

Assistance in Motor Vehicle Accident, 6-25

 

Attempt

Arson, 5-8, 5-9

Defined (homicide), 4-108

Definition (specific intent), 2-14

Elements, 2-11

Impossibility defense, 2-15

Introduction, 2-10

Perpetrating act, 2-12

Robbery, 4-145

Specific intent, 2-14

Underlying crime, 2-13

 

Attempted Escape from a Peace Officer

Elements, 6-52

Introduction, 6-50

 

Attempting to Elude

Defined, 6-35

Elements, 6-29

Introduction, 6-28

 

Attempt to Do Bodily Harm, 4-25

 

Attempt to Kill

Assault and battery by means likely to produce death, 4-7

Elements, 4-8

Shooting with intent to kill, 4-4

 

Attorney

Right to interview witness, 9-24

 

Attorney in Fact

Defined, 5-30

 

Automobile

Joy riding, 5-120

Larceny of, 5-100

 

Automotive

Driven vehicle, larceny of, 5-100

 

Avoiding Lawful Arrest or Prosecution

Defined, 4-73

 

 

Index Top Page

 

B

 

Bad Acts

Impeachment, 9-21

 

Bail, Jumping

Elements, 6-56

Introduction, 6-50

 

Bailee

Defined, 5-30

 

Bank Note Plates

Forgery of, 5-68

Possession of, 5-76

Possession of impressions of, 5-77

 

Battered Women

Nondeadly force, 8-48

Self-defense, 8-47

 

Battery

Defense of consent, 4-26

Defined, 4-3

Definitions, 4-28

Elements of assault and battery, 4-26

Upon Court officer, 4-19

Upon Department of Corrections employee, 4-18A

Upon emergency medical care provider, 4-20

Upon employee of a (facility for delinquent children)/(juvenile detention center)/(juvenile bureau), 4-18B

Upon police or other peace officer, 4-16

Upon referee, etc., 4-17

Upon school employee/student - elements, 4-17A

Upon school employee - elements, 4-17B

With dangerous weapon, 4-12

With firearm, 4-13

 

Blood Alcohol Test

Refusal to Take Blood Alcohol Test, 9-47

 

Bodily Harm

Defined, 8-12

 

Bogus Check

Defined, 5-43

 

Book of Accounts, Falsifying Entries in

By officer, member, employee, 5-86

Of state or county auditor or treasurer, 5-84

Of a corporation, 5-85

 

Breaking

Defined, 5-18

 

Breaking and Entering Without Permission

Breaking, defined, 5-18

Dwelling, defined, 5-18

Elements, 5-17

Entering, defined, 5-18

 

Bribe

Defined, 3-16

 

Bribery

By adjudicatory official, 3-13

By athletic personnel, 3-14

By executive officer, 3-10

By fiduciary, 3-15

By legislator, 3-11

By public official, 3-12

Defined, 3-16

Of adjudicatory official, 3-13

Of athletic personnel, 3-7

Of executive officer, 3-2

Of fiduciary, 3-9

Of legislator, 3-3, 3-4

Of public official, 3-5

Of witness, 3-8

 

Broker

Defined, 5-30

 

Burden of Proof

Defense of withdrawal, 2-20

Defense of abandonment, 2-8

 

Burglary

Breaking and entering, 5-17

Breaking, defined, 5-18

Confederate, defined, 5-18

Definitions, 5-18

Degrees of, 5-12, 5-13, 5-14

Dwelling, defined, 5-18

Entering, defined, 5-18

First degree, 5-12

Explosives, use of, 5-15

Illegal entry, 5-16

Intent to steal, defined, 5-18

Introduction, 5-11

Of another, defined, 5-18

Second degree, 5-13, 5-14

Use of explosives, 5-15

Vending machines, 5-14

 

 

Index Top Page

 

C

 

Careless or Wanton Manner

Defined, 6-35

 

Caretaker

Abuse of charge by, 4-147

Defined, 4-148

 

Carrier

Defined, 5-30

 

Carrying Away

Defined (robbery), 4-146

Defined (larceny), 5-106

 

Causal Connection

Defined, 4-101

 

Causing Accident

Elements, 6-22

 

Causing Injury

Accident, 6-22

Eluding police officer, 6-30

 

Character of Deceased

Evidence, 9-11

 

Character of Defendant

Evidence, 9-10

 

Charge, 1-3

 

Chattels, 3-16, 4-114, 4-146, 5-30, 5-36, 5-56, 5-91, 5-106, 5-109, 5-114, 6-35, 8-18

 

Cheat and Defraud

Defined, 2-22

 

Charging Instruction, 10-3

 

Chemical Test Evidence

Defined, 6-24

 

Child Abuse

Affirmative defense - Use of prayer for treatment of child, 4-35C

Injure, Torture, Maim, 4-35A

Use of ordinary force by parent for discipline, 4-35B

 

Child in Need of Supervision

Defined, 4-51

 

Child Neglect

Affirmative defense - Use of prayer for treatment of child, 4-35C

Enabling child neglect - Elements (permitting), 4-38A

 

Child Stealing

Elements, 4-113

Introduction, 4-109

 

Children

Abuse of, 4-36

Beating or injury, definitions, 4-39

Contributing to delinquency, etc., 4-46, 4-47, 4-48, 4-49, 4-50, 4-51 (definitions)

Custody order, violation of, 4-44, 4-45

Failure to support, 4-41, 4-42

Human Trafficking of a Minor For Commercial Sex - Elements, 4-113C

Injuring, 4-34, 4-35

Neglect of, 4-40, 4-43

Permitting abuse of, 4-38

Permitting injury to, 4-37

Possession of Firearm/Weapon by a Child - Defense, 6-39B

Possession of Firearm/Weapon by a Child - Elements, 6-39A

Procuring for prostitution, etc., 4-52, 4-53, 4-54, 4-55, 4-56 (definitions)

Unborn Children,

Crimes against unborn children - definition and limitations, 4-57

Limitations on (injuries to)/(death of) unborn children, 4-57A

Manslaughter killing an unborn child - elements, 4-96A

No prosecution of mother for causing death of unborn child, 4-57B

 

Circumstantial Evidence

Defined, 9-3

Theories of innocence, 9-5

Weight, 9-4

 

Closing Charge

General introduction, 10-1

Death penalty proceedings, 4-82

Discharge of jurors, 10-12

 

Closing Instruction, 10-1

 

Co-Conspirator

Corroboration insufficient, 9-38

Corroboration needed, 9-35

Corroboration sufficient, 9-39

Court determination, 9-37

Defined, 9-34

Determination by jury, 9-36

Joint Liability, 2-19A

Necessity of corroboration, 9-37

Statements, acts of, 9-17

Use of testimony of, 9-33

 

Coins, counterfeit

Possession of, 5-80

Forgery of, 5-65

With intent to export, 5-66

 

Collection of Unlawful Debt

Defined, 3-33

 

Commercial Sex

Human Trafficking For Commercial Sex - Elements, 4-113B

Human Trafficking Of A Minor For Commercial Sex - Elements, 4-113C

 

Communication Facility

Using to Commit a Felony - Introduction 7-11

Using to Commit a Felony - Elements 7-12

 

Competent (Competency)

Closing, 11-6

Defined, 11-3

Introduction, 11-1

Loss of memory, 11-4

Presumption of, 11-2

Return of verdict, 11-5

Verdict form, 11-7

 

Conscious Disregard for Safety of Others, 4-5

 

Conspiracy

Burden of proof for defense of withdrawal, 2-21

Cheat and defraud (defined), 2-22

Defense of withdrawal, 2-20

Definitions, 2-22

Elements, 2-17

Introduction, 2-16

Co-Conspiracy Joint Liability, 2-19A

Maliciously (defined), 2-22

Overt act, 2-18

Treason (defined), 2-22

 

Constructive Possession

Drug offenses, 6-11

 

Contempt, Indirect

Elements, 3-23

 

Cooling Time

Defined, 4-100

 

Conceal

Defined (accessory), 2-4

Defined (receiving/concealing stolen property), 5-114

 

Concealing

Stolen Property, 5-110, 5-113, 5-114

 

Concubinage

Defined, 4-114

 

Confederate

Defined, 5-18

 

Confession

Corroboration of, 9-13

Multiple defendants, 9-16

 

Confidence Game

Defined, 5-56

 

Conspiracy

Coconspirators, 9-17

 

Continuing Threat to Society

Defined, 4-73

 

Controlled Dangerous Substance

Cultivation, 6-9

Distributing, 6-2

Distributing under Sec. 2-401(E), 6-5

Drug paraphernalia, 6-7

Drug possession defined, 6-11

Introduction, 6-1

Maintaining a place where kept, 6-12

Manufacturing, 6-3

Marijuana, 6-10

Possession, 6-6

Possession for religious use, 6-8

Possession with intent to manufacture, 6-4

Trafficking, 6-13

 

Conviction

Accomplice, 9-28

Impeachment, 9-22

Impeachment of defendant, 9-23

 

Corroborating Evidence

Accomplice, 9-28

Defined, 9-27

 

Corroboration,

Accomplice, 9-30, 9-31, 9-32

Accomplice by another accomplice, 9-31

Coconspirator, 9-37, 9-38, 9-39

Coconspirator testimony, 9-35

Confession, 9-13

Homicide, 9-14

Insufficient as to accomplice, 9-31

Rape prosecution, 9-40

Sufficient as to accomplice, 9-21

Sufficient as to coconspirator, 9-39

 

Corrupt Intent

Defined, 3-16

 

Counterfeiting

Bank note plates, 5-68

Coins, 5-65

Coins with intent to export, 5-66

Possession of, 5-80

Stamps, 5-67

Uttering stamps, 5-71

 

Court Documents, Forgery of, 5-61

 

Credibility

Defendant as a witness, 9-41

Informers, 9-43

Opinion/expert witness, 9-42

Witness, 10-8

 

Credit Card Theft

Elements, 5-54, 5-55

 

Crime

Defined, 4-108

 

Crime Involving Moral Turpitude

Defined, 4-114

 

Criminal Intent

Defined, 2-9

 

Criminal Street Gang

Defined, 4-51

 

Cruel and Unusual Manner

Defined, 4-108

 

Cruelty to Animals

Defenses, 7-3

Elements, 7-2

Introduction, 7-1

 

Culpable Negligence

Defined, 4-104

 

Cultivating

Defined, 6-16

 

Cultivation of Controlled Dangerous Substance

Cultivating defined, 6-9, 6-16

Elements, 6-9

Introduction, 6-1

Minors, use of, 6-2

 

Cunnilingus

Defined, 4-56

 

 

Index Top Page

 

D

 

Damage Vehicle, 5-118

 

Dangerous Weapon

Defined (assault and battery), 4-28

Defined (homicide), 4-108

Defined (robbery), 4-146

Use of (robbery), 4-144

 

Deadlocked Jury

Death penalty proceedings, 4-83

General, 10-11

 

Deadly Force

Against intruder (defense of person), 8-15

Defined (defense of another), 8-12

Defined (defense of property), 8-18

In defense of habitation (defense of property), 8-14

Justifiable use of (defense of another), 8-2

Justifiable use (self defense), 8-46

Justifiable use of, against intruder (defense of person), 8-15

Justifiable use of, in defense of habitation (defense of property), 8-14

 

Deadly Weapon

Defined (assault and battery), 4-28

 

Death

Leaving scene of accident that resulted in death, 6-25

 

Death Penalty Proceedings

Aggravating circumstances,

Determined by jury, 4-76

Listed, 4-72

Proof by circumstantial evidence, 4-76

Reduced to writing, 4-81

Verdict form, 4-84

Weighing, 4-80

Alternative responses to juror questions about life without possibility of parole, 4-83A

Avoiding lawful arrest or prosecution, defined, 4-75

Bill of particulars, 4-69

Closing charge, 4-82

Continuing threat defined, 4-74

Deadlocked jury charge, 4-83

Examination by attorneys, 1-6

Examination by court, 1-5

Felony murder punishment, 4-71

Heinous, atrocious, cruel defined, 4-73

Introduction, 4-68

Mental Retardation, 4-68A

Mitigating circumstances

Defined, 4-78

Example, 4-79

Weighing, 4-80

Presumption of innocence defined, 4-70

Return of verdict (first stage), 4-66

Verdict Form

Death, 4-85

First stage, 4-67

Life imprisonment, 4-87

Life without parole, 4-86

Voir dire, 1-5

Weighing aggravating and mitigating circumstances, 4-80

 

Debit Card Theft

Elements, 5-54, 5-55

 

Debt, Evidence of

Forgery of, 5-64

Uttering, 5-75

Possession of, 5-78

 

Decrepit

Defined, 4-28

 

Deeds, Forgery of, 5-58

 

Defaced

Motor vehicle, 5-119

 

Defendant

Credibility as a witness, 9-41

Failure to testify, 9-44

Impeachment with former conviction, 9-23

Self Representation, 1-11

 

Defense

Abandonment, 2-7

Impossibility, 2-15

Possession of Firearm/Weapon by a Child - Defense, 6-39B

Victim of Human Trafficking, 8-61

Withdrawal, 2-20

 

Defense of Another

Aggressor defined, 8-9

Burden of proof, 8-5

Defense reestablished, 8-7

Definitions, 8-12

Introduction, 8-1

Justifiable use of deadly force, 8-2

Trespasser defined, 8-11

When defense available, 8-8

When defense not available, 8-6

When person aided is a trespasser, 8-10

 

Defense of Duress

Burden of proof, 8-22

Duress defined, 8-20

Introduction, 8-19

Limitation on defense, 8-21

Omission defined, 8-23

 

Defense of Involuntary Intoxication

Burden of proof, 8-22

Defined, 8-42

Drugs, 8-43

Hallucinogenic substances, 8-43

Introduction, 8-41

Narcotics, 8-43

 

Defense of Person

Justifiable use of deadly force against intruder, 8-15

Justifiable use of force to prevent offense, 8-3

Right to stand your ground, 8-15A

 

Defense of Property

Burden of proof, 8-17

Definitions, 8-18

Introduction, 8-13

Justifiable use of deadly force in defense of habitation, 8-14

Justifiable use of nondeadly force, 8-16

 

Defense of Entrapment

Burden of proof, 8-26

Introduction, 8-24

Requirements, 8-25

 

Defense of Excusable Homicide

Accident and misfortune—lawful act, 8-28

Accident and misfortune—no undue advantage taken, 8-29

Burden of Proof, 8-30

Introduction, 8-24

 

Defense of Insanity

Burden of proof, 8-33

Explanation of Consequences of Verdict, 8-33A

Form of verdict, 8-34

Introduction, 8-31

Requirements, 8-32

Verdict Form, 8-34

 

Defense of Self Defense

Aggressor defined, 8-53

Battered women, 8-47

Burden of proof, 8-49

Deadly force, justifiable use, 8-46

Duty to retreat, 8-52

No duty to retreat, 8-52

Not available, when, 8-50

Right to stand your ground, 8-15A

Trespasser, 8-54

Trespasser defined, 8-55

Re-established, 8-51

 

Defense of Victim of Human Trafficking

Defense - Victim of Human Trafficking, 8-61

 

Definitions

Abuse, 4-148

Accomplice, 9-26

Actual physical control, 6-35

Adequate provocation, 4-98

Administrator, 5-30

Adult in need of protective services, 4-148

Agent, 5-30

Aggressor (defense of another), 8-9

Aggressor (self-defense), 8-53

Aid, 2-4

Altercation, 8-56

Altering to make, 5-91

Anal intercourse, 4-56

Appropriate, 5-30

Appurtenance, 5-106

Assault, 4-2

Assignation, 4-56

Assignee in trust, 5-30

Avoiding lawful arrest or prosecution, 4-73

Bailee, 5-30

Battery, 4-2

Bodily harm, 8-12

Bogus check, 5-43

Breaking, 5-18

Bribe, 3-16

Broker, 5-30

Careless manner, 6-35

Caretaker, 4-148

Carrier, 5-30

Carrying away (robbery), 4-146

Carrying away (larceny), 5-106

Casual connection, 4-101

Cheat and defraud, 2-22

Chemical test evidence, 6-24

Child in need of supervision, 4-51

Circumstantial evidence, 9-3

Coconspirator, 9-34

Collection of unlawful debt, 3-33

Competent or competency, 11-3

Cooling time, 4-100

Conceal (accessory), 2-4

Concealing (receiving/concealing stolen property), 5-114

Concubinage, 4-114

Confederate, 5-18

Confidence game, 5-56

Continuing threat to society, 4-73

Corroborating evidence, 9-27

Corrupt intent, 3-16

Crime, 4-108

Crime involving moral turpitude, 4-114

Criminal intent, 2-9

Criminal street gang, 4-51

Cruel and unusual manner, 4-108

Culpable negligence, 4-104

Cultivating, 6-16

Cunnilingus, 4-56

Dangerous weapon (assault and battery), 4-28

Dangerous weapon (homicide), 4-108

Dangerous weapon (robbery), 4-146

Deadly force (defense of another), 8-12

Deadly force (defense of property), 8-18

Deadly weapon (assault and battery), 4-28

Decrepit, 4-28

Delinquent child, 4-51

Deprived child, 4-51

Direct evidence, 9-2

Direct result, 4-108

Disables, 4-118

Disfigures, 4-118

Dispensing controlled dangerous substance, 6-16

Distributing, 6-16

Domestic animals, 5-106

Driving, 6-35

Driving under the influence (while impaired), 6-24

Drug offenses, 6-16

Drug paraphernalia, 6-16

Drug possession, 6-11

Drugs, 8-39

Duress, 8-20

Dwelling (burglary), 5-18

Dwelling (larceny), 5-106

Easement, 5-106

Elude, 6-35

Embezzled, 5-114

Emotional distress, 4-31

Encourage, 4-51

Entering, 5-18

Enterprise, 3-34

Evidence, 10-5

Excusable, 4-108

Execution of legal process, 4-28

Executive officer, 6-49

Executor, 5-30

Extort, 4-114

False check, 5-43

False pretense, 5-114

False token, 5-56

Fear (second-degree robbery), 4-146

Fear of immediate injury (first-degree robbery), 4-146

Fellatio, 4-56

Feloniously obtained, 5-114

Financial exploitation, 4-148

Firearm (assault and battery), 4-28

Firearm (robbery), 4-146

Firearm (weapons offenses), 6-45

Force (assault and battery), 4-28

Force (resisting a/an peace/executive officer), 6-49

Force (robbery), 4-146

Fraud (larceny), 5-106

Fraudulent (embezzlement), 5-30

Fraudulently obtained (receiving/concealing stolen property), 5-114

Genitals or genitalia, 4-139

Great bodily harm (defense of another), 8-12

Great bodily harm (vehicle related offenses), 6-35

Harass, 4-31

Heinous, atrocious, cruel, 4-73

Highway, 4-106

Hold to service, 4-114

Imminent danger (defense of another), 8-12

Imminent danger (self-defense), 8-56

Impaired ability, 6-35

In the commission of, 4-108

Inanimate object, 4-139

Incapable of forming special mental element, 8-39

Incapable of forming specific criminal intent, 8-39

Incapacitated adult, 4-148

Incompetent, 11-3

Inhabited or occupied, 5-3

Intent to defraud (false pretense), 5-56

Intent to defraud (forgery), 5-91

Intent to deprive permanently, 5-106

Intent to steal (burglary), 5-18

Intent to steal (larceny), 5-106

Intentional, 4-28

Intoxicating substance, 6-35

Intoxication, 8-39

Inveiglement, 4-114

Involuntary intoxication, 8-42

Justifiable, 4-108

Knowing (drug offenses), 6-16

Knowing or knowingly (rape and sex crimes), 4-139

Knowingly (assault and battery), 4-28

Knowingly (beating or injuring children), 4-39

Knowingly (contributing to delinquency of minors), 4-51

Knowingly (resisting a/an peace/executive officer), 6-49

Knowingly (weapons offenses), 6-45

Knowledge, 2-4

Known, 4-28

Lascivious, 4-139

Lawful cause (weapons offenses), 6-43

Lewd, 4-139

Lawful custody, 4-108

Legal duty, 4-108

Lewdness, 4-56

Maiming (assault and battery), 4-28

Maiming (beating or injuring children), 4-39

Malice aforethought, 4-62

Malice (weapons offenses), 6-45

Malicious (arson), 5-10

Malicious (assault and battery), 4-28

Malicious (beating or injuring children), 4-39

Maliciously (conspiracy), 2-22

Maliciously (malicious mischief), 5-109

Manufacturing, 6-16

Marijuana, 6-10

Master, 8-12

Masturbation, 4-56

Member of the immediate family, 4-31

Mental illness (rape and sex crimes), 4-123

Mentally ill person (competency), 11-3

Mentally retarded person (competency), 11-3

Mentally retarded person (Death Penalty), 4-68A

Merchandise, 5-106

Mistress, 8-12

Motor vehicle, 6-35

Mutual combat (self defense), 8-56

Narcotics, 8-39

Neglect, 4-148

Nighttime, 5-106

Obscene material, 4-139

Obscene performance, 4-139

Obtaining title, 5-56

Of another (burglary), 5-18

Of another (larceny), 5-106

Offensive weapon, 6-45

Omission, 8-23

Overt act, 2-18

Paraphernalia, 6-16

Passion, 4-99

Pattern of racketeering activity, 3-31

Perjury, 3-22

Perpetrating act, 2-12

Person (bribery), 3-16

Person (racketeering), 3-34

Person requiring treatment, 11-3

Person responsible for a child’s welfare, 4-39

Personal property (bribery), 3-16

Personal property (defense of property), 8-18

Personal property (embezzlement), 5-30

Personal property (extortion), 5-36

Personal property (false pretense), 5-56

Personal property (forgery) 5-91

Personal property (kidnapping), 4-114

Personal property (malicious mischief), 5-109

Personal property (larceny), 5-106

Personal property (robbery), 4-146

Personal property (receiving/concealing stolen property), 5-114

Personal property (vehicle related offenses), 6-35

Pistol, 6-45

Possessing (weapons offenses), 6-45

Possession (drug offenses), 6-16

Principal, 2-6

Private parts, 4-139

Procured, 4-28

Production of controlled dangerous substance (manufacturing), 6-16

Property (bribery), 3-16

Property (defense of property), 8-18

Property (false pretense), 5-56

Property (forgery), 5-91

Property (kidnapping), 4-114

Property (malicious mischief), 5-109

Property (vehicle related offenses), 6-35

Prostitution, 4-56

Public employee, 3-16

Public officer, 3-16

Public security, 5-91

Real property (bribery), 3-16

Real property (defense of property), 8-18

Real property (forgery), 5-91

Real property (false pretense), 5-56

Real property (kidnapping), 4-114

Real property (malicious mischief), 5-109

Real property (vehicle related offenses), 6-35

Reasonably safe opportunity, 8-12

Receiving, 5-114

Reckless disregard, 4-107

Resisting, 6-49

Right of way, 5-106

Riot, 6-59

Robust, 4-28

Sawed-off rifle, 6-45

Sawed-off shotgun, 6-45

Secrete, 5-30

Servant, 8-12

Sexual conduct, 4-139

Sexual intercourse, 4-122

Soliciting, 4-90

Specific intent, 2-14

Spurious coin, 5-56

Stealth, 5-106

Stolen, 5-114

Subordination of perjury, 3-22

Taking, 5-106

Threat, 5-33

Torture, 4-39

Transferred intent, 4-11

Trespasser (defense of another), 8-11

Trespasser (self-defense), 8-55

Treason, 2-22

Trustee, 5-30

Unauthorized use of a vehicle, 5-121

Under the influence, 6-35

Uninhabited or unoccupied, 5-5

Unlawful (assault and battery), 4-28

Unlawful (kidnapping), 4-114

Unreasonable force, 4-39

Utter, 5-91

Valuable thing (false pretense), 5-56

Valuable thing (kidnapping), 4-114

Value (embezzlement), 5-30

Value (larceny), 5-106

Vehicle related offenses, 6-35

Vehicle (homicide), 4-108

Vehicle (unauthorized use of a vehicle), 5-121

Vessel, 5-106

Violence, 6-49

Wanton manner, 6-35

While in the performance of his/her duties, 4-28

Willful (arson), 5-10

Willful (assault and battery), 4-28

Willful (beating or injuring children), 4-39

Willful (contributing to delinquency of minors), 4-51

Willful (weapons offenses), 6-45

Willfully (drug offenses), 6-16

With intent to deprive permanently (receiving/concealing stolen property), 5-114

Withholding, 5-114

Wrongful (assault and battery), 4-28

Wrongful (robbery), 4-146

 

Delinquent Child

Defined, 4-51

 

Delivery of Controlled Dangerous Substance

Elements, 6-2

Introduction, 6-1

Maintaining place for, 6-12

Paraphernalia, 6-7

To minors, 6-2

 

Deprived Child

Defined, 4-51

 

Destruction

Of public records, elements, 3-36

Of evidence, elements, 3-37

 

Direct Evidence

Defined, 9-2

Weight, 9-4

 

Direct Result

Defined, 4-108

 

Disables

Defined, 4-118

 

Discharge of Jurors, 10-12

 

Disfigures

Defined, 4-118

 

Dispense Controlled Dangerous Substance

Defined, 6-16

Discussed, 6-2

Introduction, 6-1

Possession with intent to, 6-4

Under Sec. 2-401(E), 6-5

 

Dispensing Controlled Dangerous Substance

Defined, 6-16

 

Disposing of Vehicle, 5-117

 

Distributing Controlled Dangerous Substance

Defined, 6-16

 

Distributing Under Sec. 2-404(E)

Elements, 6-5

Introduction, 6-1

 

Distribution of Controlled Dangerous Substance

Certain locations (63 O.S.Supp. 1995, Sec. 2-401(E), 6-5

Defined, 6-16

Elements, 6-2, 6-5

Maintaining place for, 6-12

Possession with intent to distribute, 6-4

Trafficking, 6-13

 

Distribution of Pornography, 4-133

 

Domestic Abuse, 4-26A

Against pregnant woman - Elements, 4-26E

In presence of child - Elements, 4-26C

Strangulation - Elements, 4-26D

With great bodily injury- Elements, 4-26B

 

Domestic Animals

Defined, 5-106

Larceny of Domstic Animals/Implementation of Husbandry, 5-98

Larceny of Domstic Fowls - Elements, 5-99

 

Drive by Shooting, 4-5

 

Drive without Consent, 5-119

 

Driven Vehicle, 5-100

 

Driving

Accidents, 6-21, 6-22

Actual physical control, 6-17, 6-20, 6-35

Alcohol, 6-17, 6-18, 6-20

Assistance in accident, 6-25

Careless, 6-35

Causing accident, elements, 6-22

Causing injury, 6-21, 6-22, 6-30

Chemical test, 6-24, 6-26

Death, 6-25

Defined, 6-35

Eluding, 6-28, 6-29, 6-35

Failure to provide registration, etc., 6-25

Failure to submit to chemical test, 6-26

Impaired ability, 6-17, 6-23, 6-24, 6-35

Injury, 6-21, 6-22, 6-25, 6-30, 6-35

Involvement in accident, 6-21

Leaving the scene, 6-17, 6-25

Motor vehicle, 6-35

Other intoxicants, 6-17, 6-19, 6-20, 6-21

Personal injury, 6-21

Revocation, 6-17, 6-27

Submission to test, 6-17

Suspension, 6-17, 6-27

Under the influence, 6-17, 6-18, 6-19, 6-20, 6-21, 6-24, 6-35

 

Driving Under the Influence/ (While Impaired)

Defined, 6-24

 

Drug and Public Safety Offenses

Generally, 6-1 through 6-35

 

Drug Offenses

Generally, 6-1 through 6-16

Introduction, 6-1

 

Drug Paraphernalia

Defined, 6-16

Introduction, 6-1

 

Drug Possession

Defined, 6-11

 

Drugs

Defense of involuntary intoxication, 8-41

Defense of voluntary intoxication, 8-37

Defined, 8-39

 

Duress, Defense of

Burden of proof, 8-22

Duress defined, 8-20

Introduction, 8-19

Limitation on defense, 8-21

Omission defined, 8-23

 

Duty of Jurors, 1-8A

 

Duty to Retreat

Self defense, 8-52

 

Dwelling

Defined (burglary), 5-18

Defined (larceny), 5-106

 

Dying Declarations, 9-18

 

 

Index Top Page

 

E

 

Easement

Defined, 5-106

 

Electronic Monitoring Device

Removal, 6-56A

 

Elements

See the particular crime

 

Elude

Defined, 6-35

 

Eluding

Defined, 6-35

Elements, 6-29

Introduction, 6-28

 

Embezzled

Concealing stolen property, 5-113

Defined, 5-114

 

Embezzlement

Appropriating property, 5-20, 5-22, 5-23, 5-25, 5-27, 5-29

Definitions, 5-30

Introduction, 5-19

Secreting property, 5-21, 5-24, 5-26, 5-28

 

Emotional Distress

Defined, 4-31

 

Encourage

Defined, 4-51

 

Entering

Defined, 5-18

 

Enterprise

Defined, 3-34

 

Entrapment, Defense of

Burden of proof, 8-26

Introduction, 8-24

Requirements, 8-25

 

Escape

Attempted escape, elements, 6-52

From a juvenile detention facility, elements, 6-53A

From a peace officer, elements, 6-51

From a penal institution, 6-53

Introduction, 6-50

 

Evidence

Character of deceased, 9-11

Character of defendant, 9-10

Circumstantial, 9-3

Defined, 10-5

Destruction of elements, 3-37

Determining when corroboration by accomplice is sufficient, 9-32

Direct, 9-2

Flight, 9-8

Inferences, 9-1

Other crimes, proof of, 9-9

Prior Convictions Admitted As Propensity Evidence During First Stage, 10-21A

Refusal to Take Blood Alcohol Test, 9-47

Separate consideration for each charge, 9-6A

Separate consideration for each defendant, 9-6

Voluntary statement by defendant, 9-12

 

Evidence, Destruction of

Elements, 3-37

 

Evidence of Debt

Forgery of, 5-64

Uttering, 5-75

Possession of, 5-78

 

Examination by Attorneys, 1-6

 

Examination by Court, 1-5

 

Excusable

Defined, 4-108

 

Exculpatory

Statement of defendant, 9-15

 

Excusable Homicide, Defense of

Accident and misfortune—lawful act, 8-28

Accident and misfortune—no undue advantage taken, 8-29

Burden of proof, 8-30

Introduction, 8-24

 

Execution of Legal Process

Defined, 4-28

 

Executive Officer

Defined, 6-49

 

Executor

Defined, 5-30

 

Expert Witness

Credibility, 9-42

 

Extort

Defined, 4-114

 

Extortion

By letter (elements), 5-35

Definitions, 5-36

Elements (by letter), 5-35

Elements (felony) 5-32

Elements (misdemeanor), 5-34

Felony (elements), 5-32

Introduction, 5-31

Misdemeanor (elements), 5-34

Threat defined, 5-33

 

Eyewitness

Identifications, 9-19

 

 

 

Index Top Page

 

F

 

Failure to provide registration, etc.

Elements, 6-25

Introduction, 6-17

 

Failure to register as a sex offender, 3-40

 

Failure to submit to chemical test

Elements, 6-26

Introduction, 6-17

 

False Accounts, Keeping, 5-88

 

False Or Bogus Check

Defined, 5-43

 

False Certification, 5-89

 

False Claim Against State

Elements, 3-35

 

False Claim for Insurance

Elements, 5-52

 

False Document, Filing

Elements, 3-38

 

False Notes, Uttering, 5-69

 

False Personation

Elements, 5-50

 

False Pretense

Defined, 4-114

 

False Pretense, Obtaining Property By

Definitions, 5-56

Introduction, 5-37

Elements (felony), 5-38, 5-40, 5-44, 5-45, 5-46, 5-47, 5-48, 5-49

Elements (felony attempted), 5-39, 5-42

Elements (misdemeanor), 5-41

Felony (elements), 5-38, 5-40, 5-44, 5-45, 5-46, 5-47, 5-48, 5-49

Felony attempted (elements), 5-39, 5-42

Misdemeanor (elements), 5-41

 

False Representation

False Pretense, 5-114

 

False Statement

False Statement During Internal Investigation - Elements 3-19A

 

False Token

Defined, 5-56

 

Falsifying

By abstracter, 5-83

By keeping false account, 5-83

By making entries in book of accounts by officer, member, employee, 5-87

Entries in book of accounts, 5-84

Entries in book of accounts by officer, member, employee, 5-86

Entries in corporate book of accounts, 5-85

Entries to recorded documents, 5-82

Records, 5-81

 

Fear (Second-Degree Robbery)

Defined, 4-146

 

Fear of Immediate Injury (First-Degree Robbery)

Defined, 4-146

 

Fellatio

Defined, 4-56

 

Feloniously Obtained

Defined, 5-114

 

Felony

Intent to Commit, 4-14

 

Filing False Document

Elements, 3-38

 

Filing Forged Document

Elements, 3-38

 

Financial Exploitation

Defined, 4-148

 

Firearm

Defined (assault and battery), 4-28

Defined (robbery), 4-146

Defined (weapons offenses), 6-45

Possession of Firearm/Weapon by a Child - Defense, 6-39B

Possession of Firearm/Weapon by a Child - Elements, 6-39A

 

Flight

Evidence of, 9-8

 

Force

Defined (assault and battery), 4-28

Defined (resisting a/an peace/executive officer), 6-49

Defined (robbery), 4-146

 

Force Likely to Produce Death, 4-7

 

Forged Document, Filing

Elements, 3-38

 

Forgery

Definitions, 5-91

First degree, 5-58, 5-59

Introduction, 5-59

Second degree, 5-60 to 5-90

 

Forgery, First Degree

Public securities, 5-59

Wills, deeds, 5-58

 

Forgery, Second Degree

Bank note plates, 5-68

Counterfeit coins, 5-65

Counterfeiting coins with intent to export, 5-67

Court documents, 5-61

Evidence of debt, 5-64

False certification, 5-81

Falsely obtaining signatures, 5-90

Falsifying by abstracter, 5-83

Falsifying by keeping false account, 5-83

Falsifying by making entries in book of accounts by officer, member, employee, 5-87

Falsifying entries in book of accounts, 5-84

Falsifying entries in book of accounts by officer, member, employee, 5-86

Falsifying entries in corporate book of accounts, 5-85

Falsifying entries to recorded documents, 5-82

Falsifying records, 5-81

General possession, 5-79

General uttering, 5-72

Possession of bank note plate impressions, 5-77

Possession of bank note plates, 5-76

Possession of counterfeit coins, 5-80

Possession of evidence of debt, 5-78

Public transportation tickets, 5-62

Seals, 5-60

Stamps, 5-67

Stock certificates, 5-63

Uttering an evidence of debt, 5-75

Uttering canceled stock certificates, 5-74

Uttering notes, 5-69

Uttering public transportation tickets, 5-70

Uttering stamps, 5-71

Uttering stock certificates, 5-73

 

Former Conviction

Impeachment, 9-22

Impeachment of defendant, 9-23

 

Fraud

Defined (larceny), 5-106

Merchandise, grand larceny, 5-103

Merchandise, petit larceny, 5-104

Oil products, grand larceny, 5-101

Oil products, petit larceny, 5-102

 

Fraudulent

Defined (embezzlement), 5-30

 

Fraudulently Obtained

Defined (receiving/concealing stolen property), 5-114

 

Function of jury, 10-2

 

 

Index Top Page

 

G

 

Genitals (Genitalia)

Defined, 4-139

 

Grand Juries

Accusations, 12-5

Evidence, 12-4

Final admonition, 12-10

Final report, 12-8

Indictments, 12-5

Introductory instructions, 12-1

Length of session, 12-9

Powers and duties, 12-3

Procedure, 12-2

Public officials, inquiry, 12-6

Secrecy, 12-7

 

Grand Larceny

Merchandise, 5-103

Of lost property - Elements, 5-105A

Oil products, 5-101

 

Great Bodily Harm

Defined (defense of another), 8-12

 

Great Bodily Injury

Defined (vehicle related offenses), 6-35

Inflicting, 4-15, 4-18, 4-21, 4-23

 

 

Index Top Page

 

H

 

Hallucinogenic Substances

Defense of involuntary intoxication, 8-41

Defense of voluntary intoxication, 8-37

 

Harass

Defined, 4-31

 

Harassment

Malicious, elements of, 4-32

Obscene, threatening, or harassing electronic communications - elements, 4-32A

 

Heinous, Atrocious, Cruel

Defined, 4-73

 

Highway

Defined, 4-106

 

Hold to Service

Defined, 4-114

 

Home Repair Fraud

Elements, 5-53

 

Homicide

Causation, 4-60

Corroboration of, 9-14

Definitions, 4-108

Introduction, 4-59

 

Homicide, Negligent

Corroboration, 9-14

Elements, 4-105

Highway, defined, 4-106

Introduction, 4-59

Reckless disregard, defined, 4-107

 

Human Trafficking

For Labor - Elements, 4-13A

For Commercial Sex - Elements, 4-13B

Of A Minor For Commercial Sex - Elements, 4-13C

Defense - Victim of, 8-61

Definitions, 4-13D

 

Hung Jury, 10-11

 

Husbandry

Husbandry, Implement of, 5-118

Larceny of Domestic Animals/An Implement of Husbandry, 5-98

 

 

Index Top Page

 

I

 

Identification

Eyewitness, 9-19

 

Illegal Entry

Elements, 5-16

Entering, defined, 5-18

Of another, defined, 5-18

 

Imminent Danger

Defined (defense of another), 8-12

Defined (self-defense), 8-56

 

Impaired Ability

Defined, 6-35

Blood/breath testing, 6-24

Elements, 6-23

Introduction, 6-17

 

Impeachment

Defendant with former conviction, 9-23

Former conviction, 9-22

Prior bad acts, 9-21

Prior inconsistent statements, 9-20

 

In the Commission of

Defined, 4-108

 

Inanimate Object

Defined 4-139

 

Incapable of Forming Special Mental Element, 8-39

 

Incapable of Forming Specific Criminal Intent

Defined, 8-39

 

Incapacitated Adult

Defined, 4-148

 

Incest, 4-137

 

Incompetent

Defined, 11-3

 

Indecent Exposure, 4-131

 

Indictment

Not evidence, 10-6

 

Indirect Contempt

Elements, 3-23

 

Inferences

Evidence, 9-1

 

Information

Not evidence, 10-6

 

Informers

Credibility, 9-43

 

Inhabited

Defined, 5-3

 

Injuring Vehicle

Interfering with, 5-119

Tampering with, 5-118

 

Injury

Being involved in accident (elements), 6-21

Causing accident (elements), 6-22

Defined (vehicle related offenses), 6-35

Elements (being involved in accident), 6-21

Elements (causing accident), 6-22

Elements (leaving scene of accident), 6-25

Elements (eluding officer), 6-30

Eluding officer (elements), 6-30

Introduction, 6-17

Leaving scene of accident (elements), 6-25

 

Innocence

Presumption of, 10-4

 

Insanity, Defense of

Burden of proof, 8-33

Explanation of Consequences of Verdict, 8-33A

Form of verdict, 8-34

Introduction, 8-31

Requirements, 8-32

 

Intent

Aiding and abetting, 2-9

Attempt, 2-14

To commit a felony, 4-14

To (do bodily harm)/injure, 4-12, 4-13, 4-17, 4-20

To do great bodily harm, 4-6

To kill, 4-10, 4-11

To (take human life)/(cause death)/(belief it would cause death), 4-4, 4-7, 4-8, 4-10

Transferred, 4-11

 

Intent to Defraud

Defined (false pretense), 5-56

Defined (forgery), 5-91

 

Intent to Deprive Permanently

Defined (larceny), 5-106

 

Intent to Steal

Defined (burglary), 5-18

Defined (larceny), 5-106

 

Intentional

Defined, 4-28

 

Intentionally Possessing Controlled Dangerous Substance

Elements, 6-6

Introduction, 6-1

 

Interference With or Mistreatment of a Police Dog or Horse

During commission of a crime, elements, 7-5

Elements, 7-4

Introduction, 7-1

 

Interfering With a Vehicle,

Elements, 5-119

Introduction, 5-115

 

Interfering With Emergency Medical Care Provider, 4-22

 

Interview Witness

Right of attorney, 9-24

 

Intimidation

Malicious, elements of, 4-32

 

Intoxicating Substance

Defined, 6-35

 

Intoxication

Defined, 8-39

 

Inveiglement

Defined, 4-114

 

Involuntary Intoxication, Defense of

Burden of Proof, 8-44

Defined, 8-42

Drugs, 8-43

Hallucinogenic substances, 8-43

Introduction, 8-41

Narcotics, 8-43

 

Involvement in accident, 6-21

 

Intoxication

Defense, 8-41

Elements, 6-15

Introduction, 6-14

Involuntary, 8-40

 

 

Index Top Page

 

J

 

Joint possession, 6-11

 

Joy Riding

Elements, 5-119

Introduction, 5-115

 

Judicial Rulings

Effect of, 10-7

 

Jumping Bail

Elements, 6-56

Introduction, 6-50

 

Juror

Duty of Jurors, 1-8A

Examination by attorneys, 1-6

Examination by court, 1-5

Oath, 1-7

Questionnaire 1-10

Role, 1-1

 

Jury

Closing instruction upon discharge, 10-12

Deadlocked/hung, 10-11

Determination of coconspirator status, 9-36

Discharge, 10-12

Function of, 10-2

 

Justifiable

Defined, 4-108

 

Justifiable or Excusable Clause

Without, 4-12, 4-13, 4-15, 4-16, 4-17, 4-18, 4-19, 4-20, 4-21

 

Justifiable Use of Force

Deadly force (defense of another), 8-2

Deadly force (self defense), 8-46

Deadly force against intruder (defense of person), 8-15

Deadly force in defense of habitation (defense of property), 8-14

Nondeadly force (defense of another), 8-4

Nondeadly force (defense of property), 8-16

To prevent offense (defense of person), 8-3

 

 

Index Top Page

 

K

 

Kidnapping

Defense of consent, 8-59

Elements, 4-110

Introduction, 4-109

 

Kidnapping for Extortion

Elements, 4-111

Introduction, 4-109

 

Killing of Police Dog or Horse

During commission of a crime, elements, 7-7

Elements, 7-6

Introduction, 7-1

 

Knowing

Defined (drug offenses), 6-16

Defined (rape and sex crimes), 4-139

 

Knowingly

Defined (assault and battery), 4-28

Defined (beating or injuring children), 4-39

Defined (contributing to delinquency of minors), 4-51

Defined (rape and sex crimes), 4-139

Defined (weapons offenses), 6-45

Defined (resisting an/an peace/executive officer), 6-49

 

Knowing and Intentionally Possessing Controlled Dangerous Substance

Elements, 6-6

Introduction, 6-1

 

Knowledge

Defined, 2-4

 

Known

Defined, 4-28

 

 

Index Top Page

 

L

 

Labor

Human Trafficking For Labor - Elements, 4-113A

 

Larceny

Automotive driven, 5-100

Domestic Animals/An Implement of Husbandry - Elements, 5-98

Domestic Fowls - Elements, 5-99

Grand (merchandise), 5-103

Grand (oil), 5-101

Grand (lost property), 5-105A

Petit (merchandise), 5-104

Petit (oil), 5-101

 

Lascivious

Defined, 4-139

 

Lawful Cause

Defined, 6-43

 

Leaving the Scene of Accident

Elements, 6-25

Introduction, 6-17

 

Lewd

Defined, 4-139

 

Lawful Custody

Defined, 4-108

 

Legal Duty

Defined, 4-108

 

Legal Process

Resisting, 4-9

 

Lesser Included Offenses, 10-24

Attempts, 10-26

Introduction, 10-25

Reasonable doubt, 10-27

Verdict form, 10-25

 

Lewdness

Defined, 4-56

 

Life Without Possibility Of Parole

Death Penalty - Alternative responses to juror questions about life without possibility of parole, 4-83A

 

Loitering Upon Vehicle, 5-119

 

Loss of Memory

Competency, 11-4

 

 

Index Top Page

 

M

 

Maiming

Defined (assault and battery), 4-28

Defined (beating or injuring children), 4-39

Definitions, 4-118

Self-maiming, 4-117

 

Maintaining Dwelling or Place

Controlled dangerous substance, 6-12

For delivery or distribution, 6-12

Introduction, 6-1

 

Make My Day Law, 8-15

 

Malice Aforethought

Defined, 4-62

 

Malice

Defined (weapons offenses), 6-45

 

Malicious

Defined (arson), 5-10

Defined (assault and battery), 4-28

Defined (beating or injuring children), 4-39

 

Maliciously

Defined (conspiracy), 2-22

Defined (malicious mischief), 5-109

 

Malicious Mischief

Definitions, 5-108

Elements (1760), 5-107

Introduction, 5-107

 

Manslaughter

Corroboration, 9-14

Manslaughter killing an unborn child - elements, 4-96A

 

Manslaughter in the First Degree

Adequate provocation, defined, 4-98

By dangerous weapon, elements, 4-96

By resisting criminal attempt, elements, 4-102

Causal connection, defined, 4-101

Cooling time, defined, 4-100

Elements, 4-94, 4-95, 4-96, 4-102

Heat of passion, elements, 4-95

Heat of passion, requirements, 4-97

Introduction, 4-59

Misdemeanor-manslaughter, elements, 4-94

Passion, defined, 4-99

 

Manslaughter in the Second Degree

Culpable negligence, defined, 4-104

Elements, 4-103

Introduction, 4-59

 

Manufacturing

Attempting to manufacture, 6-3

Controlled dangerous substance, 6-3

Defined, 6-16

Elements, 6-3

Introduction, 6-1

Minors, 6-2

Possession of controlled dangerous substance with intent to manufacture, 6-4

Trafficking, 6-13

 

Marijuana

Cultivation, 6-9

Defined, 6-10

Possession with intent to, 6-4

 

Master

Defined, 8-12

 

Masturbation

Defined, 4-56

 

Member of Immediate Family

Defined, 4-31

 

Memory, Loss of

Competency, 11-4

 

Mental Illness

Defined (rape and sex crimes), 4-123

 

Mentally Ill Person

Defined (competency), 11-3

 

Mentally Retarded Person

Death Penalty, 4-68A

Defined (competency), 11-3

 

Merchandise

Defined, 5-106

Grand larceny, 5-103

Petit larceny, 5-104

 

Minors

Consent of, 4-138

Distribution of obscene material to, 4-135

Human Trafficking of, 4-113C

Possession of paraphernalia, 6-7

Solicitation of, 4-134

Soliciting or using, 6-2

Trafficking, 6-13

 

Mistake or Accident, 4-11

 

Mistreatment of OR Interference with a Police Dog or Horse

During commission of a crime, elements, 7-5

Elements, 7-4

Introduction, 7-1

 

Mistress

Defined, 8-12

 

Molest

Motor vehicle, 5-119

 

Money, 3-16, 4-114, 4-146, 5-30, 5-36, 5-56, 5-91, 5-106, 5-109, 5-114, 6-35, 8-18

 

Motor Vehicle

Defined, 6-35

Interfere with, 5-119

Joy ride, 5-120

 

Multiple Defendants

Admission, 9-16

Confession, 9-16

 

Murder

Corroboration, 9-14

 

Murder in the First Degree

Defense of Heat of Passion 4-95A

Felony murder, elements, 4-64

Felony murder punishment, 4-71

In commission of felony murder defined, 4-65

Introduction, 4-59

Malice aforethought

            Definition, 4-62

            Elements, 4-61

            Proof of, 4-63

Soliciting another to commit, 4-88, 4-89

Soliciting, defined, 4-90

 

Murder in the Second Degree

Elements (imminently dangerous conduct), 4-91

Elements (felony murder), 4-92

In the commission of, defined, 4-93

Introduction, 4-59

 

Mutual Combat

Defined (self defense), 8-56

 

 

Index Top Page

 

N

 

Narcotics

Defense of involuntary intoxication, 8-41

Defense of voluntary intoxication, 8-37

Defined, 8-39

 

Neglect

Defined, 4-148

 

Negligent Homicide

Corroboration, 9-14

Elements, 4-105

Highway, defined, 4-106

Introduction, 4-59

Reckless disregard, defined, 4-107

 

Nighttime

Defined, 5-106

 

 

Index Top Page

 

O

 

Objections, 10-9

 

Obscene Material

Defined, 4-139

 

Obscene Performance

Defined, 4-139

Obscene, threatening, or harassing electronic communications - elements, 4-32A

 

Obstructing an Officer

Elements, 6-48

Introduction, 6-46

 

Obtaining Title

Defined, 5-56

 

Occupied

Defined, 5-3

 

Of Another

Defined (burglary), 5-18

Defined (larceny), 5-106

 

Offensive Weapon

Defined, 6-45

 

Oil Products

Grand larceny of, 5-101

Petit larceny of, 5-102

 

Omitting to Perform an Act, 4-8

 

Omission

Defined, 8-23

 

Opening Instruction, 1-8, 1-8A

 

Operating a Police Frequency Radio

Elements, 7-9

Introduction, 7-8

 

Opinion Witness

Credibility, 9-42

 

Other Intoxicants

Actual physical control (elements), 6-20

Driving under influence (elements), 6-19

Elements (actual physical control), 6-20

Elements (driving under influence), 6-19

Elements (involvement in accident), 6-21

Introduction, 6-17

Involvement in accident (elements), 6-21

 

Overt Act

Defined, 2-18

 

 

 

Index Top Page

 

P

 

Paraphernalia

Defined, 6-16

Delivery of, 6-7

Manufacturing of, 6-7

Minors, 6-7

Possession, 6-7

Use of, 6-7

 

Passion

Defined, 4-99

 

Pattern of Racketeering Activity

Defined, 3-31

 

Peace Officer

Attempted escape from, elements, 6-52

Escape from, elements, 6-51

Introduction, 6-50

 

Peeping Tom, 4-136

 

Penal Institution

Escape from, elements, 6-53

Introduction, 6-50

Possession of contraband in, 6-55

Unauthorized entry into, 6-54

 

Performing an Act, 4-8

 

Personal Injury, 6-21

 

Perjury

By contradictory statements, 3-19

Defined, 3-22

Subordination of, 3-17

With mens rea, 3-18

 

Perpetrating Act

Defined, 2-12

 

Person

Defined (bribery), 3-16

Defined (racketeering), 3-34

 

Person, Defense of

Justifiable use of deadly force against intruder, 8-15

Justifiable use of force to prevent offense, 8-3

 

Person Requiring Treatment

Defined, 11-3

 

Person Responsible for a Child’s Welfare

Defined, 4-39

 

Personal Property

Defined (bribery), 3-16

Defined (defense of property), 8-18

Defined (embezzlement), 5-30

Defined (extortion), 5-36

Defined (false pretense), 5-56

Defined (forgery), 5-91

Defined (kidnapping), 4-114

Defined (malicious mischief), 5-109

Defined (larceny), 5-106

Defined (robbery), 4-146

Defined (receiving/concealing stolen property), 5-114

Defined (vehicle related offenses), 6-35

 

Pistol

Defined, 6-45

 

Pointing a Firearm

Elements, 6-42

Introduction, 6-41

Lawful cause, defined, 6-43

 

Police Dog or Horse

Interference with or mistreatment of, elements, 7-4

Interference with or mistreatment of, during commission of a crime, elements, 7-5

Introduction, 7-1

Killing, elements, 7-6

Killing, during commission of a crime, elements, 7-7

 

Police Frequency Radio, Operating

Elements, 7-9

Introduction, 7-8

 

Pornography, Distribution of, 4-133

 

Possessing

Defined (weapons offenses), 6-45

Possession of a Firearm/Weapon by a Child - Defense, 6-39B

Possession of a Firearm/Weapon by a Child - Elements, 6-39A

 

Possessing a Firearm While Committing a Felony

Elements, 6-38

Introduction, 6-36

 

Possession

Defined (drug offenses), 6-16

Of bank note plates, 5-76

Of controlled dangerous substance, 6-6

Of counterfeit coins, 5-80

Of drug paraphernalia, 6-7

Of evidence of debt, 5-78

Of a Firearm/Weapon by a Child - Defense, 6-39B

Of a Firearm/Weapon by a Child - Elements, 6-39A

Of stolen vehicle, 5-115, 5-117

 

Possession of (or Bringing) Contraband In (Into) a Prison or Jail

Elements, 6-55

Introduction, 6-50

 

Possession of Controlled Dangerous Substance

Actual, 6-11

Certain locations (63 O.S. Supp. 1995, Sec. 2-401(E)), 6-5

Constructive, 6-11

Definition, 6-11, 6-16

Joint possession, 6-11

Maintaining dwelling for, 6-12

Paraphernalia, 6-7

Religious use as defense to, 6-8

Simple possession, 6-6

Sole possession, 6-11

With intent to manufacture, 6-4, 6-13

With intent to distribute, 6-4

 

Possession of Firearm after a Felony Conviction

Defense of lack of knowledge, 6-40

Elements, 6-39

Introduction, 6-36

Possessing, defined, 6-45

 

Presumption

Competency, 11-2

Innocence, 10-4

 

Principal

Defined, 2-6

 

Prior Bad Acts

Impeachment, 9-21

 

Prior Convictions

Admitted As Propensity Evidence During First Stage, 10-21A

First stage, 10-15

Second stage, 10-19, 10-21

Single stage, 10-17

Verdict form (first stage), 10-16

Verdict form (second stage), 10-20, 10-22

Verdict form (single stage), 10-18

 

Prior Inconsistent Statements

Impeachment, 9-20

 

Private Parts

Defined, 4-139

 

Proceeds

Receiving Unlawful Proceeds - Elements, 5-114A

 

Procured

Defined, 4-28

 

Production of Controlled Dangerous Substance

Definition (manufacturing), 6-16

Manufacturing, 6-3

Of plant species, 6-9

 

Property

Concealing stolen, 5-110, 5-113, 5-114

Defined (bribery), 3-16

Defined (defense of property), 8-18

Defined (false pretense), 5-56

Defined (forgery), 5-91

Defined (kidnapping), 4-114

Defined (malicious mischief), 5-109

Defined (vehicle related offenses), 6-35

Receiving stolen, 5-110, 5-111, 5-112, 5-114

 

Property, Defense of

Burden of Proof, 8-17

Definitions, 8-18

Introduction, 8-13

Justifiable use of deadly force in defense of habitation, 8-14

Justifiable use of nondeadly force, 8-16

 

Prostitution

Defined, 4-56

 

Protective Order, Violation of

Degree of injury, 3-26

Enhanced, 3-25

Simple, 3-24

 

Public Employee

Defined, 3-16

 

Public Officer

Defined, 3-16

Removal of, 3-27

 

Public Officials

Grand jury inquiry, 12-6

 

Public Records, Destruction of

Elements, 3-36

 

Public Security

Defined, 5-91

Forgery of, 5-59

 

Punishment

Examination by court, 1-5

Voir dire, 1-5

 

 

Index Top Page

 

Q

 

Index Top Page

 

R

 

Racketeering

Acquiring or maintaining an interest in, 3-29

Collection of unlawful debt, defined, 3-33

Conducting of participating, 3-28

Enterprise, defined, 3-34

Investment of proceeds, 3-30

Pattern of activity, defined, 3-31

Receiving Unlawful Proceeds - Elements, 5-114A

 

Rape

By instrumentation, 4-125, 4-126, 4-127

Corroboration, 9-40

Definitions, 4-139

First degree, 4-120, 4-125, 4-126

Mental illness and, 4-123

Second degree, 4-124, 4-127

Spousal rape, 4-121

 

Real Property

Defined (bribery), 3-16

Defined (defense of property), 8-18

Defined (forgery), 5-91

Defined (false pretense), 5-56

Defined (kidnapping), 4-114

Defined (malicious mischief), 5-109

Defined (vehicle related offenses), 6-35

 

Reasonable Doubt

Lesser included offenses, 10-27

 

Reasonably Safe Opportunity

Defined, 8-12

 

Receiving

Defined, 5-114

Unlawful Proceeds - Elements, 5-114A

Stolen Property, 5-110, 5-111, 5-112

 

Reckless Conduct with a Firearm

Elements, 6-44

Introduction, 6-41

 

Reckless Disregard

Defined, 4-107

 

Reckless Driving

Driving, defined, 6-35

Elements, 6-32

Introduction, 6-31

 

Recorded Documents, Falsifying Entries to, 5-82

 

Records, Falsifying, 5-81

 

Reenactment Evidence, 9-46

 

Religious

Defense to possession, 6-8

 

Removal of Electronic Monitoring Device

Elements, 6-56A

 

Removal of Public Officer

Elements, 3-27

 

Resisting

Defined, 6-49

 

Resisting a/an Peace/Executive Officer

Elements, 6-47

Executive officer, defined, 6-49

Force, defined, 6-49

Introduction, 6-46

Resisting, defined, 6-49

Violence, defined, 6-49

 

Revocation (Driving Under)

Elements, 6-27

Introduction, 6-17

 

Right of Way

Defined, 5-106

 

Riot

Defined, 6-59

Incitement to, elements, 6-59

Introduction, 6-57

Participating in, elements, 6-58

 

Robbery

Attempt, 4-145

Conjoint robbery, 4-143

Dangerous weapon, use of, 4-144

Definitions, 4-146

Degrees of, 4-141, 4-142

First degree, 4-141

Second degree, 4-142

 

Robust

Defined, 4-28

 

Rulings

Judicial, effect of, 10-7

 

 

Index Top Page

 

S

 

Sawed-Off Rifle

Defined, 6-45

 

Sawed-Off Shotgun

Defined, 6-45

 

Seals, Forgery of, 5-60

 

Secrete

Defined, 5-30

 

Secreting Property, 5-21, 5-24, 5-26, 5-28

 

Self Defense

Aggressor defined, 8-53

Battered women, 8-47

Burden of proof, 8-49

Deadly force, justifiable use, 8-46

Duty to retreat, no, 8-52

No duty to retreat, 8-52

Not available, when, 8-50

Re-established, 8-51

Right to stand your ground, 8-15A

Trespasser, 8-54

Trespasser defined, 8-55

 

Self-Maiming, 4-117

 

Sentence

Mandatory post-imprisonment supervision, 10-13C

Required service of 85% of, 10-13A

Required service of 85% where life imprisonment is an option, 10-13B

 

Separate Defendants

Consideration, 9-7

 

Servant

Defined, 8-12

 

Sex Crimes

Definitions, 4-139

Human Trafficking For Commercial Sex - Elements, 4-113B

Human Trafficking Of A Minor For Commercial Sex - Elements, 4-113C

Incest, 4-137

Indecent exposure, 4-131

Peeping tom, 4-136

Pornography, distribution of, 4-133

Rape by instrumentation, 4-125, 4-126, 4-127

Rape, first degree, 4-120, 4-125, 4-126

Rape, second degree, 4-124, 4-127

Sexual intercourse, defined, 4-122

Sodomy, 4-128

Spousal rape, 4-121

 

Sex Offender

Failure To Register, 3-40

 

Sexual Intercourse

Defined, 4-122

 

Sexual Conduct

Defined, 4-139

 

Shooting With a Firearm

Assault and battery with firearm, 4-13

Drive by shooting, 4-5

With intent to kill, 4-4

 

Shooting With Intent to Kill, 4-4

 

Signatures, Falsely Obtaining, 5-90

 

Sodomy, 4-128

 

Soliciting

Another to commit murder in the first degree, 4-88, 4-89

Controlled dangerous substance, 6-2

Defined, 4-90

 

Specific Intent

Defined, 2-14

 

Speeding

Elements, 6-34

Introduction, 6-33

 

Spousal Rape, 4-121

 

Spurious Coin

Defined, 5-56

 

Stalking

Court order, violation of, 4-30

Definitions, 4-31

 

Stamps, counterfeit

Forgery of, 5-67

Uttering, 5-71

 

Statements

Of defendant, 9-12

 

Steal

Automotive driven vehicle, 5-100

Copper, 5-105

 

Stealth

Defined, 5-106

Merchandise, grand larceny, 5-103

Merchandise, petit larceny, 5-104

Oil products, grand larceny, 5-101

Oil products, petit larceny, 5-102

 

Stock Certificates

Forgery of, 5-63

Uttering, 5-73

Uttering canceled stock certificates, 5-74

 

Stolen

Defined, 5-114

 

Stolen Property

Concealing stolen property, 5-110, 5-113, 5-114

Receiving stolen property, 5-110, 5-111, 5-112, 5-114

 

Submission to Chemical Test

Elements, 6-26

Introduction, 6-17

 

Subordination of Perjury

Defined, 3-22

 

Supervision

Mandatory post-imprisonment supervision, 10-13C

 

Suspension (Driving Under)

Elements, 6-27

Introduction, 6-17

 

 

 

Index Top Page

 

T

 

Taking

Defined, 5-106

 

Tampering With a Vehicle

Elements, 5-118

Introduction, 5-115

 

Testimony

Accomplice, 9-25

Accomplice corroboration, 9-28

Coconspirator, 9-33

 

Test

Refusal to Take Blood Alcohol Test, 9-47

 

Theft, Credit/Debit Card

Elements, 5-54, 5-55

 

Threat

Defined, 5-33

Obscene, threatening, or harassing electronic communications - elements, 4-32A

 

Tickets, Public Transportation

Forgery of, 5-62

Uttering, 5-70

 

Torture

Defined, 4-39

 

Trafficking

Human Trafficking For Labor - Elements, 4-113A

Human Trafficking For Commercial Sex - Elements, 4-113B

Hman Trafficking Of A Minor For Commercial Sex - Elements, 4-113C

Human Trafficking - Definitions, 4-113D

 

Trafficking Controlled Dangerous Substance

Elements, 6-13

Introduction, 6-1

Minors, 6-13

 

Transferred Intent

Defined, 4-11

 

Transporting Controlled Dangerous Substance

Elements, 6-2

Introduction, 6-1

 

Trespasser

Defense of another, when person aided is a trespasser, 8-10

Defined (defense of another), 8-11

Defined (self-defense), 8-55

Self defense, 8-54

 

Treason

Defined, 2-22

 

Trustee

Defined, 5-30

 

 

Index Top Page

 

U

 

Unauthorized Entry Into Penal Institution

Elements, 6-54

Introduction, 6-50

 

Unauthorized Use of a Vehicle

Definition of vehicle, 5-121

Elements, 5-116

Interfering with vehicle, 5-119

Introduction, 5-115

Joyriding, 5-120

Tampering with vehicle, 5-118

 

Unborn Children

Crimes against unborn children - definition and limitations, 4-57

Limitations on (injuries to)/(death of) unborn children, 4-57A

Manslaughter killing an unborn child - elements, 4-96A

No prosecution of mother for causing death of unborn child, 4-57B

 

Under the Influence

Actual physical control, 6-20

Chemical test, 6-24

Defined, 6-35

Driving, 6-18

Intoxicating substance, 6-19

Introduction, 6-17

Involvement in accident, 6-21

 

Uninhabited

Defined, 5-5

 

Unlawful

Defined (assault and battery), 4-28

Defined (kidnapping), 4-114

 

Unlawful Possession of Firearm

Elements, 6-37

Introduction, 6-36

By a Child - Defense, 6-39B

By a Child - Elements, 6-39A

 

Unlawful Possession of Vehicle

Elements, 5-117

Introduction, 5-115

 

Unoccupied

Defined, 5-5

 

Unreasonable Force

Defined, 4-39

 

Utter

Defined, 5-91

 

Uttering

Canceled stock certificates, 5-74

Evidence of debt, 5-75

General, 5-72

Notes, 5-69

Public transportation tickets, 5-70

Stamps, 5-71

Stock certificates, 5-73

 

 

Index Top Page

 

V

 

Valuable Thing

Defined (kidnapping), 4-114

Defined (false pretense), 5-56

 

Value

Defined (embezzlement), 5-30

Defined (larceny), 5-106

 

Vehicle

Automotive driven, 5-100

Defined (homicide), 4-108

Defined (unauthorized use of a vehicle), 5-121

Injuring, 5-118

Unauthorized use of, 5-115, 5-116

Use of, 4-5

 

Vehicle Related Offenses

Generally, 6-17 through 6-27

 

Verdict

Competency, 11-5

Prior convictions (first stage), 10-15

Prior convictions (second stage), 10-19, 10-21

Prior convictions (single stage), 10-17

Return of, 10-13

 

Verdict Form

Basic, 10-14

Competency, 11-7

Lesser included offenses, 10-25

Prior convictions (first stage), 10-16

Prior convictions (second stage), 10-20, 10-22

Prior convictions (single stage), 10-18

 

Vessel

Breaking and entering without permission, 5-17

Burglary in the second degree, 5-13

Defined, 5-106

Grand larceny, 5-95

Illegal entry, 5-16

 

Victim

Aged or decrepit, 4-24

Bailiff, 4-19

Corrections personnel, 4-15, 4-16

Court officer, 4-19

Court reporter, 4-19

Court clerk, 4-19

Defense - Victim of Human Trafficking, 8-61

Department of Corrections employee, 4-18

Department of Human Services employee, 4-18

Deputy clerk, 4-19

Deputy Sheriff, 4-15, 4-16

Emergency medical technician, 4-20, 4-21

Emergency medical care provider, 4-20, 4-21

Interfering with, 4-22

Highway Patrol, 4-15, 4-16

Police 4-15, 4-16

Referee, 4-17

Umpire, 4-17

Timekeeper, 4-17

Coach, 4-17

Athletic official, 4-17

Person with authority in athletic contest, 4-17

Sheriff, 4-15, 4-16

Witness, 4-19

 

Violation of Protective Order

Degree of injury, 3-26

Enhanced, 3-25

Simple, 3-24

 

Violence

Defined, 6-49

Inciting imminent, 4-33

 

Voir Dire

Death penalty proceedings, 1-5

Examination of attorneys, 1-6

Examination by court, 1-5

Oath, 1-2

 

Voluntary Intoxication, Defense of

Burden of proof, 8-38

By narcotics, drugs, hallucinogenic substances, 8-37

Drugs defined, 8-39

Incapable of forming special mental element defined, 8-39

Incapable of forming specific criminal intent defined, 8-39

Intoxication defined, 8-39

Introduction, 8-35

Narcotics defined, 8-39

Requirements, 8-36

 

Voluntary Statements

Of defendant, 9-12

 

 

Index Top Page

 

W

 

Wanton or Careless Manner

Defined, 6-35

 

Weapon

Air gun, 4-13

Crossbow, 4-5

Dangerous weapon, 4-12

Deadly weapon, 4-6, 4-21

Firearm, 4-4, 4-5, 4-13, 4-21

Possession of a Firearm/Weapon by a Child - Defense, 6-39B

Possession of a Firearm/Weapon by a Child - Elements, 6-39A

Sharp weapon, 4-12

 

While in the Performance of His/Her Duties

Defined, 4-28

 

Willful

Defined (arson), 5-10

Defined (assault and battery), 4-28

Defined (beating or injuring children), 4-39

Defined (contributing to delinquency of minors), 4-51

Defined (weapons offenses), 6-45

 

Willfully

Defined (drug offenses), 6-16

Eluding officer, 6-29

Leaving the scene of motor vehicle accident, 6-25

Refusal to submit to chemical test, 6-26

 

Wills, Forgery of, 5-58

 

With Intent to Deprive Permanently

Defined (receiving/concealing stolen property), 5-114

 

Withholding

Defined, 5-114

 

Witness

Credibility, 10-8

Credibility of defendant, 9-41

Credibility of informer, 9-43

Credibility of opinion/expert, 9-42

Defendant’s failure to testify, 9-44

Eyewitness identification, 9-19

Identification by, 9-19

Impeachment with former conviction, 9-22

Impeachment with prior bad acts, 9-21

Impeachment with prior statement, 9-20

Right of attorney to interview, 9-24

 

Wrongful

Defined (assault and battery), 4-28

Defined (robbery), 4-146

 

 

Index Top Page

 

X

 

 

Index Top Page

 

Y

 

Index Top Page

 

Z