PUBLIC DRUNKENNESS/INTOXICATION - ELEMENTS
No person may be convicted of public drunkenness/intoxication unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, that the defendant was drunk/intoxicated;
Second, in a public place.
Statutory Authority: 37 O.S. 1991, § 8.
Notes on Use
The trial court should modify this instruction as appropriate for prosecutions for public consumption of alcohol or other intoxicants.
| Service provided by the IS department of the Oklahoma Court of Criminal Appeals
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