OUJI-CR 4-126
RAPE BY INSTRUMENTATION
IN THE FIRST DEGREE (CHILD UNDER 14) - 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, penetration of the anus/vagina;
Second, of a child under fourteen years of age;
Third, by (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.
______________________________
Statutory Authority: 21 O.S. 2001, §§ 1111.1, 1113, 1114.
(2003 Supp.)