OUJI-CR 3-35

FALSE CLAIM AGAINST THE STATE

No person may be convicted of filing a false claim against the State unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, any person making/presenting/(causing the making/presenting of) a;

Second, false/fictitious/fraudulent claim for payment of money from (the State of Oklahoma)/(any department/ agency of the State of Oklahoma);

Third, known by him/her to be false/fictitious/fraudulent.

As used in this instruction:

["False" means documents wholly or partly fabricated or materially altered.]

["Fictitious" means imaginatively created past facts.]

["Fraudulent" means a false suggestion of facts or the suppression of the truth brought about through trick, false appearance, or through any other unfair way in order to cheat.]

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Statutory Authority: 21 O.S. 1991, § 358.

Committee Comments

The funds of the State Insurance Fund are not "public funds" for purposes of the crime of filing a false claim against the State under 21 O.S. 1991, § 358. State v. Young, 1999 OK CR 14, ¶ 28, 989 P.2d 949, 955.

(2000 Supp.)