OUJI-CR 4-125

RAPE BY INSTRUMENTATION IN THE FIRST DEGREE - ELEMENTS

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

First, the person penetrated the anus/vagina;

Second, of any victim;

Third, with (an inanimate object)/(a part of the human body other than the penis); and

Fourth, without the victim's consent; and

Fifth, [List the Circumstance(s) Specified in Section 1111 Which Exist in This Case].

Any sexual penetration, however slight, is sufficient to complete the crime of rape by instrumentation.

OR

First, the person was eighteen years of age or older;

Second, the person was an employee of the victim's school system; and

Third, the person penetrated the anus/vagina;

Fourth, of a student /(person under the legal custody/supervision) of a public/private (elementary/secondary school)/(junior high) /high/(public vocational) school;

Fifth, who was at least sixteen years of age and less than twenty years of age;

Sixth, with (an inanimate object)/(a part of the human body other than the penis).

Any sexual penetration, however slight, is sufficient to complete the crime of rape by instrumentation.

OR

First, the defendant was an employee/(employee of a contractor of)/the (state/federal agency)/county/ municipality/(political subdivision); and

Second, who penetrated the anus/vagina;

Third, of a person who was under the legal custody/supervision;

Fourth, of the (state/federal agency) /county/municipality/(political subdivision) that employed the defendant;

Fifth, with (an inanimate object)/(a part of the human body other than the penis);

Any sexual penetration, however slight, is sufficient to complete the crime of rape by instrumentation.

OR

First, the defendant was a (foster parent)/(foster parent applicant);

Second, who penetrated the anus/vagina;

Third, of a person who was nineteen years of age or younger;

Fourth, with (an inanimate object)/(a part of the human body other than the penis);

Fifth, when the person was in the legal custody of a (state/federal agency)/(tribal court).

Any sexual penetration, however slight, is sufficient to complete the crime of rape by instrumentation.

OR

First, the defendant was an employee of the institution of higher education of which the victim was enrolled;

Second, who penetrated the anus/vagina;

Third, of a person who was a student at a secondary school, and was concurrently enrolled at an institution of higher education;

Fourth, with (an inanimate object)/(a part of the human body other than the penis). An "employee of an institution of higher education" means (faculty/(adjunct faculty)/instructors/ volunteer)/(an employee of a business contracting with an institution of higher education who may exercise, at any time, institutional authority over the victim). [An employee of an institution of higher education shall not include an enrolled student who was not more than three (3) years of age or older than the concurrently enrolled student and who was employed or volunteering, in any capacity, for the institution of higher education.]

Any sexual penetration, however slight, is sufficient to complete the crime of rape by instrumentation.

Statutory Authority: 21 O.S. 2021 & 2022, §§ 1111.1, 1113, 1114.

Notes on Use

This Instruction should be used for crimes committed on or after November 1, 2017. If the victim is a minor, OUJI-CR 4-138A must be given.

Committee Comments

The first alternative in this Instruction requires a specification of the circumstances from 21 O.S. 2021, § 1111, while the other alternatives are for the circumstances in 21 O.S. Supp. 2022, § 1111.1, where consent is not an element.

(2024 Supp.)