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