TRAFFICKING IN CHILDREN -- ELEMENTS
(RECEIVING MONEY FOR ADOPTION WHEN NOT PREGNANT)
No person may be convicted of trafficking in children unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, [Name of Defendant] is a woman who knowingly solicited/received money/(anything of value) for expenses related to the placement of a child for the purpose of an adoption; and
Second, [Name of Defendant] held herself out to be pregnant and offered to place a child upon birth for adoption;
Third, when she knew she was not pregnant.
Statutory Authority: 21 O.S. 2011, § 866(A)(1)(e).
Notes on Use
This Instruction covers the crime of trafficking in children as set forth in 21 O.S. 2011, § 866(A)(1)(e).
Although the publisher of the Oklahoma Statutes added the heading for 21 O.S. 2011, § 866 "Elements of offense", the Oklahoma Session Laws do not include this heading, and it is not part of Oklahoma law. See Fairchild v. State, 1999 OK CR 49, ¶ 60, 998 P.2d 611, 624 (publisher's heading has no legal significance because it is not part of the statute); Hall v. State, 1957 OK CR 56, ¶ 5, 312 P.2d 981, 983-84 (titles or headings added by publisher after enactment for index purposes or identification are not in the law itself).