(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].
[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]). ]
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).
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