OUJI-CR 6-30

(CAUSING AN ACCIDENT)/(ENDANGERING ANOTHER) WHILE

ELUDING/(ATTEMPTING TO ELUDE) AN OFFICER - ELEMENTS

No person may be convicted of (causing an accident)/(endangering another) while eluding/(attempting to elude) a (peace officer)/(game ranger) unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, a driver of a motor vehicle;

Second, received a red light and siren from a (peace officer)/ (game ranger);

Third, showing the officer's/ranger's vehicle to be an official police/sheriff/(highway patrol)/(State game ranger) vehicle and directing the driver to bring his/her vehicle to a stop;

Fourth, willfully [eluded the officer/ranger]/[attempted to elude the officer/ranger (by increasing his/her speed)/ (extinguishing his/her lights)/(in any manner)]; and,

Fifth, while eluding/(attempting to elude) the officer/ranger;

[Sixth, the driver caused an accident;

Seventh, that resulted in great bodily injury to another person].

OR

[Sixth, the driver endangered another person].

[Great bodily injury means bodily injury (that creates a substantial risk of death)/(causes [serious permanent disfigurement]/[protracted loss/ impairment of the function] of a bodily member/organ]). ]

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Statutory Authority: 21 O.S. 2001, § 540B and C.

Notes on Use

This instruction is for use in felony prosecutions under 21 O.S. 2001, § 540A(B and C). OUJI-CR 6-29 is for misdemeanor prosecutions under 21 O.S. 2001, § 540A(A). "Peace officer" is defined in OUJI-CR 6-35. The bracketed definition of great bodily injury should be used only for prosecutions under 21 O.S. 2001, § 540A(C).

(2005 Supp.)