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Oklahoma Uniform Jury Instructions
Criminal 2nd Edition ( including 1997, 2000, 2003, 2005, 2006, 2007, 2008, 2009, 2010 and 2012 supplements )

OUJI-CR 4-11

ASSAULT -- DEFINITION OF TRANSFERRED INTENT

If you find that the defendant intended to kill/injure/ assault [Name of Intended Victim], and by mistake or accident injured/assaulted [Name of Actual Victim], the element of intent is satisfied even though the defendant did not intend to kill/injure/assault [Name of Actual Victim]. In such a case, the law regards the intent as transferred from the original intended victim to the actual victim.

Notes on Use

This instruction should be given only if warranted by the evidence. If used, it should be given immediately after the instruction on mens rea.

Committee Comments

For a description of the doctrine of transferred intent, see W. LaFave & A. Scott, Criminal Law § 3.12(d) (2d ed. 1986). The Oklahoma Court of Criminal Appeals approved a jury instruction on transferred intent in an assault case in Jones v. State, 508 P.2d 280, 282 (Okl. Cr. 1973).

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