OUJI-CR 4-136A

TAKING CLANDESTINE PHOTOS -- ELEMENTS

No person may be convicted of taking clandestine photos unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, using photographic/electronic/video equipment;

Second, in a clandestine manner;

Third, for a/an illegal/illegitimate/prurient/lewd/lascivious purpose;

Fourth, with the unlawful and willful intent;

Fifth, to view/watch/gaze/(look upon) another person;

Sixth, without the knowledge and consent of the other person;

Seventh, when the other person was in a place where there is a right to a reasonable expectation of privacy.

OR

First, publishing/distributing an image obtained from;

Second, using photographic/electronic/video equipment;

Third, in a clandestine manner;

Fourth, for a/an illegal/illegitimate/prurient/lewd/lascivious purpose;

Fifth, with the unlawful and willful intent;

Sixth, to watch/gaze/(look upon) another person;

Seventh, without the knowledge and consent of the other person;

Eighth, when the other person was in a place where there is a right to a reasonable expectation of privacy.

______________________________

Statutory Authority: 21 O.S. 2001, § 1171(B).

(2003 Supp.)