OUJI-CR 4-145



No person may be convicted of attempted robbery with a dangerous weapon unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, wrongfully;

Second, attempting to take;

Third, and carry away;

Fourth, personal property;

Fifth, of another;

Sixth, from the person/(the immediate presence) of another;

Seventh, by force/fear;

Eighth, through use of a (loaded/unloaded firearm)/(blank/imitation firearm capable of raising in the mind of the person threatened with such device a fear that it is a real firearm)/(dangerous weapon).


Statutory Authority: 21 O.S. 1991, §§ 791, 801.

Committee Comments

Section 801 creates a specific crime of attempted robbery with a dangerous weapon and prohibits the State from charging attempted robbery under the general attempt statutes. See Ex parte Smith, 95 Okl. Cr. 370, 246 P.2d 389 (1952).