ASSAULT AND BATTERY - DOMESTIC ASSAULT/(ASSAULT AND BATTERY) WITH A DANGEROUS WEAPON - ELEMENTS
No person may be convicted of domestic assault/(assault and battery) with a dangerous weapon unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, (an assault)/(a battery)/(an assault and battery);
Second, upon a [Specify Applicable Relationship in 21 O.S. 2011, § 644(D)(1)];
Third, with a sharp/dangerous weapon;
Fourth, without justifiable or excusable cause;
Fifth, with intent to do bodily harm.
Statutory Authority: 21 O.S. 2011, § 644(D)(1).
Notes on Use
The relationships listed in 21 O.S. 2011, § 644(D)(1) are “a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant.”