OUJI-CR 5-18

BURGLARY - DEFINITIONS

Breaking - Any act of physical force, however slight, by which obstructions to entering are removed.

References: Pack v. State, 1991 OK CR 109, ¶ 10, 819 P.2d 280, 283; Williams v. State, 1988 OK CR 221, ¶ 11, 762 P.2d 983, 986; Lewis v. State, 1987 OK CR 6, ¶ 5, 732 P.2d 1, 2; 21 O.S. 2021, § 1491.

Dwelling - Every house, building, or enclosed structure, any part of which has usually been occupied by any person(s) lodging therein; or any enclosed structure joined to and immediately connected with a house.

References: Tate v. State, 1976 OK CR 296, ¶ 8, 556 P.2d 1014, 1017; Sallee v. State, 1931 OK CR 282, 1 P.2d 794, 795, 51 Okl. Cr. 414, 417; Harris v. State, 1928 OK CR 314, 271 P. 957, 41 Okl. Cr. 121, 123; Simpson v. State, 1911 OK CR 34, 113 P. 549, 552, 5 Okl. Cr. 57, 63; 21 O.S. 2021, § 1439.

Entering - An entry which occurs when any part of a person's body is within the [Name of Object or Structure].

[Use If Applicable]

[However, if a tool or an instrument is used and inserted inside, without any part of the person being within the object or structure, it is an entry if the insertion of the tool or instrument is capable of completing the purpose of the intended crime.]

References: W. LaFave & A. Scott, Criminal Law § 96, at 710 (1972); R. Perkins, Criminal Law 198, 199 (2d ed. 1969).

Intent to Steal - Intent permanently to deprive the person in rightful possession of property without the possessor's consent.

References: Alvarado v. State, 1927 OK CR 361, 261 P. 983, 985, 38 Okl. Cr. 360, 367; Sullivan v. State, 1912 OK CR 169, 123 P. 569, 570, 7 Okl. Cr. 307, 309.

Of Another - Of any person who is in rightful possession of the property.

References: Calhoun v. State, 1991 OK CR 112, 820 P.2d 819, 821; Byington v. State, 1961 OK CR 64, ¶ 5, 363 P.2d 301, 303; Sallee v. State, 1931 OK CR 282, 1 P.2d 794, 795, 51 Okl. Cr. 414, 418; W. LaFave & A. Scott, Criminal Law § 96, at 712 (1972).

Confederate - One who assists in a plot.

(2024 Supp.)