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.

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Statutory Authority: 21 O.S. 2001, §§ 1111.1, 1113, 1114.

(2003 Supp.)