OUJI-CR 4-92

MURDER IN THE SECOND DEGREE

BY FELONY MURDER - ELEMENTS

No person may be convicted of murder in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, the death of a human;

Second, occurring as a result of an act or event which happened in the commission of a felony;

Third, caused by [the defendant(s)]/[a person engaged with the defendant(s)] while in the commission of a felony;

Fourth, the elements of the [Specify Underlying Felony] defendant(s) is/are alleged to have been in the commission of are as follows:

[Give Elements of Underlying Felony]

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Notes on Use

Accomplice and/or coconspirator instructions should be given where appropriate.

(2000 Supp.)