OUJI-CR 5-31


The defendant is charged with extortion/(attempted extortion)/(extortion by letter) of [Description of Property, etc.] on [Date] from [Person From Whom Property Allegedly Extorted] in [Name of County] County, Oklahoma.

Committee Comments

This introductory instruction is meant for use with sections 1481 through 1486, Title 21, Chapter 60, entitled Extortion.

Sections 1481 and 1486 create extortion crimes that are felonies, whereas section 1484 creates a misdemeanor. In order to distinguish the felony crimes from the misdemeanor, the Commission has used the appellations "felony" and "misdemeanor" which have been used with respect to other crimes.

Section 1485 does not create a separate crime, but it does provide protection for written documents under both the felony and misdemeanor crimes. No separate instruction is drafted for section 1485; rather, its protection is presented as an alternate in the second element in the felony and misdemeanor extortion instruction.

Section 1482 is a definitional statute; and section 1483 sets forth the punishment for the felony extortion crimes. No instruction is needed for section 1483.

Prior to its repeal in 1991, section 1487 provided for the misdemeanor of attempted extortion. At the same time that section 1487 was repealed, section 1483 was amended to include attempts to extort as a felony.