OUJI-CR 4-135C

POSSESSION/PROCUREMENT OF

CHILD PORNOGRAPHY -- ELEMENTS

No person may be convicted of possession/procurement of child pornography unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, knowingly;

Second, possessing/procuring/manufacturing/(causing to be sold/distributed);

Third, any child pornography.

You are instructed that the word "knowingly," as used in these instructions, requires that you must find beyond a reasonable doubt from all the evidence in this case (either direct or circumstantial or both) that the defendant knew the nature and character of the contents of [specify alleged child pornography]. It is not necessary that [Name of Defendant] knew the exact content or actually saw/read the [Specify Alleged Obscene Material].

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Statutory Authority: 21 O.S. Supp. 2000, § 1021.2.

Notes on Use

For the definition of child pornography, see OUJI-CR 4-139, infra.

Committee Comments

Possession of obscene material is not a lesser included offense of possession of child pornography, if there is no factual issue concerning the involvement of a child under 18. Schultz v. State, 1991 OK CR 57, ¶ 30, 811 P.2d 1322, 1331.

The last paragraph of the instruction is required by Hanf v. State, 1977 OK CR 41, ¶ 16, 560 P.2d 207, 211; Trim v. State, 1996 OK CR 1, 909 P.2d 841; and Davis v. State, 1996 OK CR 15, ¶ 33, 916 P.2d 251, 260. See the Committee Comments to OUJI-CR 4-133, supra.

(2000 Supp.)