OUJI-CR 5-100

LARCENY OF AUTOMOTIVE DRIVEN VEHICLE - ELEMENTS

No person may be convicted of larceny of an automotive driven vehicle unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, taking;

Second, carrying away;

Third, an automobile/aircraft/(automotive driven vehicle)/ (construction/farm equipment));

Fourth, of another;

Fifth, with a value of $50,000 or more;

Sixth, with the intent to steal.

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Statutory Authority: 21 O.S. 2011 & Supp. 2019, §§ 1720, 1730.

Notes on Use

If the value of the vehicle is less than $50,000, the fifth element should be deleted, and the sixth element should be renumbered.

Committee Comments

Prior versions of OUJI-CR 5-98, 5-99, and 5-100 included "trespassory" as the first element. See Grissom v. State, 2011 OK CR 3, ¶ 49, 253 P.3d 969, 987. The reason for including the element of "trespassory" was that 21 O.S. 2011, § 1716, 1719, and 1720 use the term "steal", and stealing was distinguished from larceny in Sneed v State, 1937 OK CR 52, 65 P.2d 1245, 1247, 61 Okl.Cr. 96, 101. The distinction between stealing and larceny was eliminated by 21 O.S. 2011, § 1730, which provides that they mean the same thing, and therefore, the element of "trespassory" has been deleted from OUJI-CR 5-98, 5-99, and 5-100.

(2019 Supp.)