OUJI-CR 4-33
INCITING IMMINENT VIOLENCE - ELEMENTS
No person may be convicted of inciting imminent violence unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, maliciously;
[Second, made/transmitted/(caused/allowed to be transmitted);
Third, any telephone/electronic message likely to incite or produce imminent violence;]
OR
[Second, broadcasted/published/distributed/(caused/allowed to be broadcast/ published/distributed);
Third, any message/material likely to incite or produce imminent violence;]
Fourth, with the specific intent to incite or produce imminent violence against another person because of that person's race/color/religion/ancestry/ (national origin)/disability.
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Statutory Authority: 21 O.S. Supp. 2000, § 850(B),(C).
Notes on Use
The trial court should select the second and third paragraphs of the instruction that are most appropriate.
Committee Comments
The "imminent violence" standard is based on the United States Supreme Court's analysis of the First Amendment in Brandenburg v. Ohio, 395 U.S. 444 (1969). See also Price v. State, 1994 OK CR 26, 873 P.2d 1049 (requiring instruction on clear and present danger standard in prosecution for incitement to riot).
(2000 Supp.)