FALSE PRETENSE FOR ALLEGED
CHARITABLE PURPOSES (FELONY, ALTERNATE) - ELEMENTS
No person may be convicted of the felony of false pretense for alleged charitable purposes unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, a signature to any written instrument;
Third, of another;
Fourth, by means of a false token/writing/representation;
Fifth, known by the defendant to be false;
Sixth, for an alleged charitable purpose;
Seventh, with intent to defraud.
Statutory Authority: 21 O.S. 1991, § 1543.
The Commission has interpreted section 1544 to create a crime which has identical elements to the crime created by section 1542 except that the false representation must be to obtain property for an alleged charitable purpose. The statutory language does not indicate that the defendant must have the intent to defraud, but the Commission has concluded that the Legislature did not intend to delete the specific mens rea.