OUJI-CR 4-121

SPOUSAL RAPE IN THE FIRST DEGREE - ELEMENTS

No person may be convicted of spousal rape in the first degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, sexual intercourse;

Second, with the spouse of the defendant;

Third, where force/violence was used against [(the victim)/(another person)]/[where force/violence was threatened against (the victim)/(another person) and the defendant] had the apparent power to carry out the threat of force/violence].

______________________________

Statutory Authority: 21 O.S. Supp. 1995, § 1111(B), 21 O.S. 1991, § 1114.