OUJI-CR 4-39A

SEXUAL EXPLOITATION OF CHILDREN - ELEMENTS

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

First, a person willfully/maliciously;

Second, committed [specify underlying crime listed in 21 O.S. § 843.5(O)(4)];

Third, the elements of [specify underlying crime listed in 21 O.S. § 843.5(O)(4)] are: [specify the elements for the underlying crimes listed in 21 O.S. § 843.5(O)(4)];

Fourth, of/with/to a child under the age of eighteen.

Statutory Authority: 21 O.S. 2021, § 843.5(H), (I), (O)(4).

Notes on Use

The various types of child sexual exploitation are listed in 21 O.S. 2021, § 843.5(O)(4). In prosecutions for child sexual exploitation the court should use the elements from the underlying statute listed in 21 O.S. 2021, § 843.5(O)(4). In prosecutions for child sexual exploitation the court should use the elements from the underlying statute listed in 21 O.S. 2021, § 843.5(O)4.

If evidence is presented that the victim was under the age of twelve at the time of the alleged crime, OUJI-CR 10-13D and verdict form 10-14A should be given. See Chadwell v. State, 2019 OK CR 14, 446 P.3d 1244, and Williams v. State, 2021 OK CR 19, 496 P.3d 621.

Committee Comments

The decision of the Oklahoma Court of Criminal Appeals in A.O. v. State, 2019 OK CR 18, 447 P.3d 1179, has been superseded in part by the 2021 amendments to 21 O.S. 2021 § 843.5 involving child sexual abuse. In A.O. v. State, the Oklahoma Court of Criminal Appeals decided that the State was required to prove the elements of the underlying crime involving child sexual abuse beyond a reasonable doubt. Id. at ¶ 19, 447 P.3d at 1182. The defendant in A.O. was originally charged with sexual battery under 21 O.S. Supp. 2019, § 1123(B), but the State was unable to prove the necessary elements under § 1123, because of the ages of the defendant and the victim. The reasoning in A.O. applies to child sexual exploitation.

Enhanced punishment for sexual exploitation of children under the age of twelve was added in 2007.

 

(2024 Supp.)