OUJI-CR 4-146

ROBBERY - DEFINITIONS

Carrying Away - Removing an article for the slightest distance. Carrying away is more than a mere change of position; it is a movement for purposes of permanent relocation.

References: Cunningham v. District Ct. of Tulsa Co., 1967 OK CR 183, 432 P.2d 992; Brinkley v. State, 1936 OK CR 117, 61 P.2d 1023, 60 Okl. Cr. 106.

Dangerous Weapon - Any instrument likely to produce death or great bodily injury in the manner it is in fact used or attempted to be used.

References: Swaim v. State, 1977 OK CR 295, 569 P.2d 1009; Hay v. State, 1968 OK CR 209, 447 P.2d 447.

Fear (Second-Degree Robbery) (Select Applicable definition) -

A. [Fear of unlawful injury, immediate or future, to the person of the one robbed.]

B. [Fear of unlawful injury, immediate or future, to the property of the person robbed.]

C. [Fear of unlawful injury, immediate or future, to the person or property of any relative or family member of the person robbed.]

D. [Fear of immediate unlawful injury to the person or property of anyone in the company of the person robbed.]

Fear used only as a means of escape is not sufficient to establish robbery.

Reference: 21 O.S. 2011, § 794.

Firearm - Weapon from which a shot or projectile is discharged by force of a chemical explosive such as gunpowder. An airgun, such as a carbon dioxide gas-powered air pistol, is not a firearm within the meaning of this definition.

Note: Archery equipment, flare guns, underwater fishing guns, blank pistols are not firearm(s).

References: 21 O.S. 2011, §§ 1289.3 et seq.; Black's Law Dictionary 570 (5th ed. 1979); Thompson v. State, 1971 OK CR 328, ¶ 8, 488 P.2d 944, 947 (overruled on other grounds, Dolph v. State, 1974 OK CR 46, ¶ 10, 520 P.2d 378, 380-81).

Force - Force, of any degree, used to obtain or to retain possession of property or to prevent or to overcome resistance to its taking. Force used only as a means of escape is not sufficient to establish robbery.

References: Cannon v. State, 71 Okl. Cr. 42, 107 P.2d 809 (1940); 21 O.S. 2011, §§ 792, 793.

Personal Property - Money, goods, chattels, effects, evidences of rights in action, and written instruments effecting a monetary obligation or right or title to property.

Reference: 21 O.S. 2011, § 103.

Serious Bodily Injury (First Degree Robbery) -- A bodily injury that is grave and not trival which involves (select applicable factors): a substantial risk of death; unconsciousness; extreme physical pain; protracted and obvious disfigurement; protracted loss or impairment of the function of a bodily member, organ, or mental faculty, a bone fracture, injury to an internal or external organ of the body, sexual abuse or exploitation, chronic abuse, or torture. [If applicable, add the following: Bruising, swelling, and even a few stitches are not alone sufficient for a serious bodily injury].

References: Harney v. State, 2011 OK CR 10, ¶ 12, n.3, 256 P.3d 1002, 1005 n.3; Owens v. State, 2010 OK CR 1, 229 P.3d 1261; 21 O.S. 2011, § 797; 10A O.S. 2011, § 1-1-105 (31); 27A O.S. 2011, § 2-6-202.

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Committee Comment

In Harney v. State, 2011 OK CR 10, ¶ 12, n.3, 256 P.3d 1002, 1005 n.3, the Oklahoma Court of Criminal Appeals stated that the definition of ?serious bodily injury? should include all the applicable examples that are set out in 10A O.S. 2011, § 1-1-105 (31) and 27A O.S. 2011, § 2-6-202.

Wrongful - Without legal authority.

References: Traxler v. State, 1952 OK CR 162, 251 P.2d 815, 96 Okl. Cr. 231; Black's Law Dictionary 1446 (5th ed. 1979).