OUJI-CR 5-126

TRANSFER OF STOLEN VEHICLE - ELEMENTS

No person may be convicted of transfer of a stolen vehicle, unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, the defendant received/transferred possession of a motor vehicle from/to another person;

Second, with the intent to procure/pass title to the vehicle;

Third, which he/she knew/(had reason to believe) was stolen;

Fourth, and the defendant was not an officer of the law engaged at the time in the performance of his/her official duties.

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Statutory Authority: 47 O.S. 1991, § 4-108.

Committee Comments

The Committee concluded that the language of 47 O.S. 1991, § 4-108 required that the fourth element must be proved by the State, rather than asserted as an affirmative defense.