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:
Third, killing an unborn child;
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.
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.
| Service provided by the IS department of the Oklahoma Court of Criminal Appeals
Email our webmaster with any of your comments or suggestions.