ASSAULT AND BATTERY, USE OF VEHICLE
(DRIVE BY SHOOTING) - ELEMENTS
No person may be convicted of use of a vehicle to facilitate the discharge of a firearm/crossbow/weapon unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, use of any vehicle;
Second, to facilitate the intentional discharge;
Third, of any firearm/crossbow/weapon;
Fourth, in the conscious disregard for the safety of any other person or persons.
Statutory Authority: 21 O.S. Supp. 2005, § 652(B).
Notes on Use
It is the Committee's view that the terms used in this instruction are understandable to a jury and that further definition is not necessary.
If the victim was an unborn child, the court should also give OUJI-CR 4-57, infra, and, if appropriate, OUJI-CR 4-57A or 4-57B, or both.