OUJI-CR 4-29

STALKING - ELEMENTS

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

First, willfully;

Second, maliciously;

Third, repeatedly;

Fourth, followed/harassed another person;

Fifth, in a manner that would cause a reasonable person [or member of that person's immediate family];

Sixth, to feel frightened/intimidated/threatened/harassed/ molested; and

Seventh, actually caused the person being followed/harassed to feel  terrorized/frightened/intimidated/threatened/ harassed/molested.

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Statutory Authority: 21 O.S. Supp. 2000, § 1173(A).

Committee Comments

The Oklahoma Court of Criminal Appeals decided that 21 O.S. 1991, § 1173 was not unconstitutionally vague in State v. Saunders, 1994 OK CR 76, 886 P.2d 496.

(2000 Supp.)