First, the death of a human;

Second, caused by the defendant's driving a vehicle upon a highway;

Third, in reckless disregard of the safety of others;

[Fourth, the death occurred within a year of the infliction of the injury causing death].

[Fifth, the defendant was 16 years of age or older].

The Fourth and Fifth Elements should be included only if they are raised as issues.

Although the Legislature abolished the common law year and a day rule by enacting 21 O.S. Supp. 1995, § 694(B) ("The rule of the common law providing that a death occurring after a year and a day from the date of criminal corporal injury is irrebuttably presumed not to be the result of that injury is abolished."), the requirement remains in the negligent homicide statute, 47 O.S. 1991, § 11-903.