ASSAULT AND BATTERY - DOMESTIC ABUSE AGAINST PREGNANT WOMAN- ELEMENTS
No person may be convicted of domestic abuse against a pregnant woman unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Third, attempting or offering to use force or violence; and
Fourth, the use of force or violence;
Fifth, was against a pregnant woman;
Sixth, who was a [Specify Applicable Relationship in 21 O.S. 2011, § 644(C)]; and
Seventh, the defendant knew the woman was pregnant.
[Eighth, a miscarriage/(injury to the unborn child) occurred.]
Statutory Authority: 21 O.S. 2011, § 644(C),(E).
Notes on Use
The Eighth Element should be used if it is supported by the evidence and the prosecution is seeking enhanced punishment under 21 O.S. 2011, § 644(E).
The relationships listed in 21 O.S. 2011, § 644(C) are "a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had 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."
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