OUJI-CR 4-26D

ASSAULT AND BATTERY - DOMESTIC ABUSE- STRANGULATION - ELEMENTS

No person may be convicted of domestic abuse by strangulation unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, willful;

Second, unlawful;

Third, attempting or offering to use force or violence; and

Fourth, the use of force or violence;

Fifth, was against the person of a [Specify Applicable Relationship in 21 O.S. Supp. 2011, § 644(J)].

Sixth, with the intent to cause great bodily harm by strangulation/(attempted strangulation).

Strangulation means any kind of asphyxia, including but not limited to, closure of the (blood vessels)/(air passages)/nostrils/mouth as a result of external pressure on the head/neck.

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Statutory Authority: 21 O.S. 2011, § 644(J).

Notes on Use

The relationships listed in 21 O.S. 2011, § 644(J) are "a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant."

(2012 Supp.)