EXHIBITION OF OBSCENE MATERIAL TO MINOR -- ELEMENTS
No person may be convicted of exhibition of obscene material to a minor unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, the defendant willfully;
Second, showed/exhibited/loaned/distributed to a minor child;
Third, any (obscene material)/(child pornography);
Fourth, for the purpose of inducing the minor child to;
[Fifth, expose his/her person/penis/vagina;
Sixth, in a place where there were present other persons to be offended or annoyed thereby;
Seventh, in a lewd manner.]
[Fifth, write/compose/stereotype/print/photograph/design/copy/draw/ engrave/paint/mold/cut/prepare/publish/sell/distribute/(keep for sale)/exhibit;
Sixth, any (obscene material)/(child pornography).]
[Fifth, make/prepare/cut/sell/give/loan/distribute/(keep for sale)/exhibit;
Sixth, any type of (obscene material)/(child pornography).]
You are instructed that the word "willfully," as used in these instructions, requires that you must find beyond a reasonable doubt from all the evidence in this case (either direct or circumstantial or both) that the defendant knew the nature and character of the contents of [specify alleged obscene material or child pornography]. It is not necessary that [Name of Defendant] knew the exact content or actually saw/read the [specify alleged obscene material or child pornography].
Statutory Authority: 21 O.S. Supp. 2000, § 1021(B)(2).
See Committee Comments to OUJI-CR 4-133, supra.
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