OUJI-CR 3-40

FAILURE TO REGISTER AS A SEX OFFENDER

No person may be convicted of failing to register as a sex offender unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, the person has (been convicted of)/(received a suspended sentence for)/(received a probationary term for)/(received a deferred judgment for) [specify the particular crime listed in 57 O.S. 2011, § 582];

Second, the person received notice that he/she was required to register as a sex offender;

Third, the person failed to register with the (Department of Corrections)/([specify the particular local law enforcement agency in 57 O.S. 2011, § 583(A) for the area where the person resides or intends to reside])/(Department of Corrections and the [specify the particular local law enforcement agency for the area where the person resides or intends to reside]);

Fourth, (within (three (3))/(two (2)) business days after)/(at least three (3) business days before) [specify the particular event in 57 O.S. 2011, § 582 that triggered the registration requirement].

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Statutory Authority: 57 O.S. 2011, §§ 582, 583.

Notes on Use

The period for which registration as a sex offender is required is based onthe numeric risk level assigned by the Department of Corrections. See 57 O.S. 2011, §§ 582.5, 583(D). The length of the period and whether the defendant is within it would generally be an issue of law for the judge to determine, rather than an issue for the jury.

2012 SUPPLEMENT