MALICIOUS INTIMIDATION OR HARASSMENT - ELEMENTS
No person may be convicted of malicious intimidation or harassment unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, [assaulted/battered another person]
[damaged/destroyed/vandalized/defaced any real/personal property of another person)]
[threatened to assault/batter another person if there was reasonable cause to believe the assault/battery would occur]
[threatened to damage/destroy/vandalize/deface any real/personal property of another person if there was reasonable cause to believe that the harm to the property would occur];
Third, with the specific intent to intimidate or harass another person because of that person's race/color/religion/ancestry/(national origin)/disability.
Statutory Authority: 21 O.S. Supp. 2000, § 850(A).
Notes on Use
The trial court should select the language for the second paragraph that is appropriate to the facts of the case.
The United States Supreme Court has held that the First Amendment limits a state's power to prohibit speech on the basis of its content. See R.A.V. v. City of St. Paul, 505 U.S. 377 (1992) (statute prohibiting burning crosses that arouse anger in others on the basis of race, color, creed, religion or gender was unconstitutional on it face).