OUJI-CR 4-136

PEEPING TOM -- ELEMENTS

No person may be convicted of violating the peeping tom statute unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, hiding/waiting/loitering;

Second , near any (private dwelling house)/(apartment building)/(place of residence)/(locker/dressing room)/restroom/(place where a person has a right to a reasonable expection of privacy);

Third, with the unlawful and willful intent;

Fourth, to watch/gaze/(look upon) any person;

Fifth, in a clandestine manner.

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Statutory Authority: 21 O.S. 2001, § 1171.

(2003 Supp.)