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.
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Statutory Authority: 21 O.S. 2001, § 1171(B).
(2003 Supp.)