OUJI-CR 5-112


The possession of recently stolen property found in the possession of one alleged to have received it, knowing at the time or having reasonable cause to believe that it was stolen property, may be explained, but such possession is a circumstance, which, if unsatisfactorily explained to the jury, may be considered in determining the guilt or innocence of the person charged with concealing stolen property. the mere possession of property recently stolen is not alone sufficient to convict the possessor of knowingly concealing stolen property, but when such fact is supplemented with other facts inconsistent with the idea that the possession is honest, it then becomes a question of fact for the jury to pass upon as to the guilt of innocence of the defendant, of knowingly concealing stolen property.

Notes on Use

The bracketed last paragraph of the instruction should be given in prosecutions for receiving stolen property only if the State is relying on the presumption in 21 O.S. 1991, § 1713(2).

Committee Comments

The Oklahoma Court of Criminal Appeals approved the language of this instruction in Luman v. State, 626 P.2d 869, 870-71 (Okl. Cr. 1981).