OUJI-CR 3-39

WITNESS INTIMIDATION - ELEMENTS

No person may be convicted of witness intimidation unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, willfully;

Second, prevented/ (attempted to prevent);

Third, a person who (has been duly summoned/subpoenaed/ (endorsed on a (criminal information)/(juvenile petition))/(has made a report of abuse/neglect required by law)/(is a witness to a reported crime);

Fourth, from testifying/(producing a record/ document/object).

OR

First, willfully;

Second, threatened/procured;

Third, physical/mental harm;

Fourth, through force/fear;

Fifth, to a person;

Sixth, [with the intent to prevent the person from appearing in court to testify/produce a record/document/object]

OR

Sixth, [with the intent to make the person alter that person's testimony]

OR

First, willfully;

Second, (threatened physical harm through force/fear)/(caused/procured physical harm to be done) to a person;

Third, because of (testimony given by the person in a civil/criminal trial/proceeding)/(a report of abuse/neglect required by law).

OR

First, willfully;

Second, (harassed a person)/(caused a person to be harassed);

Third, because of (testimony given by the person in a civil/criminal trial/proceeding)/(a report of abuse/neglect required by law).

______________________________

Statutory Authority: 21 O.S. Supp. 2014, § 455.

Notes on Use

The witness intimidation statute, 21 O.S. Supp. 2014, § 455, refers to reports of abuse or neglect pursuant to 10A O.S. Supp. 2014, § 1-2-101 and 43A O.S. 2011, § 10-104. If the witness intimidation was related to a report of abuse or neglect, the trial court should determine whether the report was made pursuant to one of these statutes.

Committee Comments

This instruction is similar to the instruction promulgated by the Oklahoma Court of Criminal Appeals in Pinkley v. State, 2002 OK CR 26, Appendix A, 49 P.3d 756, 759-60. However, it omits the statutory references in the sixth element because they would not be helpful to a jury. Whether a report of abuse or neglect was made pursuant to the particular statutes would not ordinarily be a jury issue, but if it were a jury issue, additional instructions would be necessary. The Court of Criminal Appeals discussed the definition of “testimony” in Pinkley. Id. at ¶¶ 6-8 and n. 7, 49 P.3d at 758-59. For a definition of “procured,” see OUJI-CR 4-28.

(2015 Supplement)