OUJI-CR 5-129


A person who sells securities has the burden of investigation whether the securities can legally be sold before attempting to sell them. It is no excuse if he/she failed to ascertain whether they could legally be sold before selling them.

Notes on Use

This Instruction should be used only if the defendant claims that he or she did not know that the securities could not be legally sold.

Committee Comments

Syllabus 4 in Nelson v. State, 355 P.2d 413, 415 (Okl. Cr. 1960), states: "The law puts the burden of investigation upon the party selling securities and it is no excuse if he fails to ascertain if such security cannot in fact be legally sold. He is bound to make such investigation before attempting to make a sale thereof."