OUJI-CR 5-51

ASSAULT WHILE MASKED - ELEMENTS

No person may be convicted of the felony of assault while masked unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, (entered upon the premises of another)/(demanded entry into the house/enclosure of another);

Second, with the intent to inflict (bodily injury)/(injury to property);

Third, while masked/(in disguise).

OR

First, assaulted another;

Second, with a dangerous weapon/(instrument of punishment);

Third, while masked/(in disguise).

[You may, but are not required to, regard proof that the defendant (entered upon the premises of another)/(demanded entry into the house/enclosure of another) as sufficient evidence of the defendant's intent to inflict (bodily injury)/(injury to property). The existence of this intent must be proved beyond a reasonable doubt].

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Statutory Authority: 21 O.S. 1991, §§ 1302-1303.

Notes on Use

The first option is for felony prosecutions for assault with intent to commit a felony under 21 O.S. 1991, § 1302, and the second option is for felony prosecutions under 21 O.S. 1991, § 1303. The last sentence should be given only with the first option in prosecutions under 21 O.S. 1991, § 1302; it is phrased in terms of a permissive presumption under 12 O.S. 1991, § 2304(C).

The trial court will need to draft an appropriate instruction for a prosecution for the unlawful wearing of a mask under 21 O.S. 1991, § 1301.

For a definition of "assault", see OUJI-CR 4-2.