BURGLARY IN THE FIRST DEGREE - ELEMENTS
No person may be convicted of burglary in the first degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Third, a dwelling;
Fourth, of another;
Fifth, in which a human is present;
Sixth, with intent to commit some crime therein;
Statutory Authority: 21 O.S. 1991, § 1431.
The statutory definition of burglary in the first degree in 21 O.S. 1991, § 1431 includes three alternative modes for breaking. Nevertheless, the Oklahoma Court of Criminal Appeals has ruled that these modes do not need to be included in the jury instruction defining the elements of burglary. Cleary v. State, 1997 OK CR 35, ¶ 27, 942 P.2d 736, 745 (overruling Hendricks v. State, 1985 OK CR 39, 698 P.2d 477).