ASSAULT AND BATTERY - DOMESTIC ASSAULT AND BATTERY WITH A DEADLY WEAPON - ELEMENTS
No person may be convicted of assault and battery with a deadly weapon unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, a [Specify Applicable Relationship in 21 O.S. 2011, § 644(D)(2)];
Third, with a deadly weapon;
Fourth, that is likely to produce death;
Fifth, without justifiable or excusable cause.
Statutory Authority: 21 O.S. 2011, § 644(D)(2).
Notes on Use
The relationships listed in 21 O.S. 2011, § 644(D)(2) are “a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant.”