OUJI-CR 5-17
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:
First, willfully;
Second, intentionally;
Third, breaking;
Fourth, entering;
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).
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Statutory Authority: 21 O.S. 1991, § 1438(B).
Notes on Use
This instruction is meant for use with 21 O.S. 1991, § 1438(B).