OUJI-CR 10-13F

RETURN OF VERDICT-- CHILD SEXUAL ABUSE/EXPLOITATION

If you find beyond a reasonable doubt that the defendant committed the crime of child sexual abuse/exploitation, you shall return a verdict of guilty by marking the Verdict Form for the crime of child sexual abuse/exploitation appropriately.

If you have a reasonable doubt of the defendant's guilt of the charge of child sexual abuse/exploitation, or you find that the State has failed to prove each element of the crime of child sexual abuse/exploitation beyond a reasonable doubt, you shall return a verdict of not guilty by marking the Verdict Form the crime of child sexual abuse/exploitation appropriately.

If you find the defendant guilty, you shall then determine the proper punishment. The crime of child sexual abuse/exploitation is punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year. Alternatively, you may impose a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00)], or both such fine and imprisonment. If you find the defendant guilty and you also find beyond a reasonable doubt that the victim of the crime was under twelve years of age on the date of the offense, then the crime of child sexual abuse/exploitation is punishable by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years nor more than life imprisonment, and by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).

When you have decided on the proper punishment, you shall fill in the appropriate space on the Verdict Form for the crime of child sexual abuse/exploitation and return the verdict to the Court.

Statutory Authority: 21 O.S. 2021, §§ 12.1, 13.1, 843.5(E), (F), (H), (I).

Committee Comments

The Oklahoma Court of Criminal Appeals ruled in Williams v. State, 2021 OK CR 19, ¶ 5, 496 P.3d 621, 624, that the trial court erred when it failed to instruct that the jury was required to find that the victim was under twelve years of age in a prosecution for indecent or lewd acts with a child under sixteen. It stated as follows: "The jury should have been instructed that in order to assess punishment starting at not less than twenty-five years imprisonment, they had to find beyond a reasonable doubt that the victim was under twelve years of age when the crimes were committed." Id. (citing Chadwell v. State, 2019 OK CR 14, ¶¶ 5-7, 446 P.3d 1244, 1246-47).

(2024 Supp.)