BREAKING AND ENTERING WITHOUT PERMISSION - ELEMENTS
No person may be convicted of breaking and entering without permission unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Fifth, a building/trailer/vessel/(premises used as a dwelling);
Sixth, without the permission of its owner/occupant;
Seventh, without the intent to commit any crime in the building/trailer/vessel/ (premises used as a dwelling).
Statutory Authority: 21 O.S. 1991, § 1438(B).
Notes on Use
This instruction is meant for use with 21 O.S. 1991, § 1438(B).