ILLEGAL ENTRY - ELEMENTS
No person may be convicted of illegal entry unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, a/an building/booth/tent/warehouse/(railroa d car)/vessel/structure/ erection;
Third, of another;
Fourth, with the intent to commit (any felony)/larceny/(malicious injury/defacing/destruction of real/personal property of another).
Statutory Authority: 21 O.S. 1991, § 1438(A).
Notes on Use
This instruction is meant for use with 21 O.S. 1991, § 1438(A). In the opinion of the Commission, illegal entry differs from the other crimes in Chapter 58 of Title 21 primarily in that breaking is not an element of the crime. For the elements of malicious mischief, see 21 O.S. 1991, § 1760; McDaris v. State, 505 P.2d 502, 503-04 (Okl. Cr. 1973); Creekmore v. Redman Industries, Inc., 671 P.2d 73, 77 (Okla. Ct. App. 1983).
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