OCCA: OUJI-CR 4-96A

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

OUJI-CR 4-96A

MANSLAUGHTER

KILLING AN UNBORN CHILD - ELEMENTS

No person may be convicted of killing an unborn child unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, unlawfully;

Second, willfully;

Third, killing an unborn child;

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Statutory Authority: 21 O.S. Supp. 2005, § 713.

Notes on Use

The court should also give OUJI-CR 4-57, infra, and, if appropriate, OUJI-CR 4-57A or 4-57B, or both.

Committee Comments

Prior to its 2005 amendment, 21 O.S. § 713 required an unborn child to be quick before criminal liability for manslaughter in the first degree could be imposed. See 21 O.S. 2001, § 713 (amended 2005). Although 'quick child' is not defined by statute, the term is generally defined as a fetus that has so developed as to move within the mother's womb. McCarty v. State, 2002 OK CR 4, n.2, 41 P. 3d 981.

(2006 Supplemental)

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