OUJI-CR 4-40



No person may be convicted of enabling the sexual abuse/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, caused/procured/permitted;

Third, another person who was responsible for the child's health, safety or welfare;

Fourth to willfully/maliciously engage in;

Fifth, (sexual intercourse)/(penetration of the vagina or anus, however slight, by an inanimate object or any part of the human body not amounting to sexual intercourse/sodomy/incest/(a lewd/indecent act/proposal)/(specify other sexual abuse);

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

First, a person responsible for the child's health, safety or welfare;

Second, willfully/maliciously ;

Third, caused/procured/permitted;

Fourth, a willful/malicious;

Fifth, [specify particular allegation of sexual exploitation enumerated in 21 O.S. 2021, § 843.5 (O)(4)];

Sixth, of/to/with a child under the age of eighteen;

Seventh, by (another person).

Statutory Authority: 21 O.S. 2021, § 843.5 (G), (J), (O)(3), (O)(4), and (O)(8).

Notes on Use

The trial court should give a separate instruction on the elements of the particular sexual abuse or sexual exploitation that has been alleged. The various types of child sexual abuse and child sexual exploitation are listed in 21 O.S. 2021, § 843.5(O)(3), (4). Definitions are found in OUJI-CR 4-40D, infra.

Committee Comments

In Fairchild v. State, 1999 OK CR 49, ¶ 51, 998 P.2d 611, 622-23, the Oklahoma Court of Criminal Appeals decided that the mens rea for felony murder of a child under 21 O.S. Supp. 1999, § 701.7(C) was a general intent to commit the act which causes the injury, rather than a specific intent, and that the general intent was included within the terms "willfully" or "maliciously."

(2022 Supp.)