OUJI-CR 5-56


Confidence Game - Operation by means of which advantage is taken of the confidence placed by one person in another through false representation, deception, or device.

Reference: Rucker v. State, 88 Okl. Cr. 15, 19, 195 P.2d 299, 304 (1948). See also Lane v. State, 742 P.2d 577, 580 (Okl. Cr. 1987) (setting out material elements of crime of "Confidence Game").

False Token - Matured check or other order used, with knowledge that the drawer is not authorized to draw the sum stated, as a means for obtaining any signature, money, or property.

Reference: 21 O.S. 1991, § 1545.

Intent to Defraud - Scheme to take property so as permanently to deprive the owner.

References: Dunaway v. State, 561 P.2d 103 (Okl. Cr. 1977); Armstrong v. State, 74 Okl. Cr. 42, 122 P.2d 823 (1942).

Obtaining Title - Inducing the owner to part with his/her rights in property permanently.

Reference: Warren v. State, 93 Okl. Cr. 166, 173, 226 P.2d 320. 325 (1951).

Property - Property includes:

(a) Real Property - Every estate, interest and right in lands, including structures or objects permanently attached to the land;

(b) Personal Property - Money, goods, chattels, effects, evidence of rights in action, and written instruments effecting a monetary obligation or right or title to property.

References: 21 O.S. 1991, §§ 102, 103, 104.

Spurious Coin - Any token, disk, blank, slug, washer, or sweated, mutilated, false, or counterfeited coin or other device, used in substitution for lawful coin of the United States.

Reference: 21 O.S. 1991, § 1848.

Valuable Thing - Includes not only physical objects but also intangible substances and services.

Reference: Stokes v. State, 366 P.2d 425 (Okl. Cr. 1961).