FALSE PRETENSE BY
FALSE NEGOTIABLE PAPER (FELONY, ALTERNATE) - ELEMENTS
No person may be convicted of the felony of false pretense by false negotiable paper 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 negotiable paper of a nonexistent banking company/corporation;
Fifth, known by the defendant to be false;
Sixth, with intent to defraud.
Statutory Authority: 21 O.S. 1991, § 1544.
The Commission has interpreted section 1544 to create a crime with identical elements to the crime created by section 1542 except that the deception must be accomplished by means of a false negotiable paper purportedly issued on a bank which is, in fact, nonexistent.