OUJI-CR 5-57

FORGERY - INTRODUCTION

The defendant is charged with forgery in the first/second degree of [Alleged Document, Record, etc., Forged, Uttered, Possessed] on [Date] in [Name of County] County, Oklahoma.

Committee Comments

This introductory instruction is meant for use with regard to sections 1561 through 1626, Title 21, Chapter 63, entitled Forgery and Counterfeiting. Several kinds of activities are prohibited by the statutes contained in Chapter 63, such as forgery of various documents, falsification of certain records, counterfeiting, uttering of forged instruments, and possession of forged instruments. The instructions are therefore classified by groupings. No matter the precise conduct prohibited, however, the crimes contained in 21 O.S. 1991, §§ 1561-1626, are denominated either forgery in the first degree or forgery in the second degree. Hence, the introductory instruction is applicable to the several crimes whatever the precise conduct prohibited.

Section 1621 sets forth the penalties for forgery in the first degree and forgery in the second degree. Sections 1622 through 1626 are statutes of classification that do not create new crimes. Therefore, no instructions were drafted for these statutes.

Several forgery statutes create more than one crime and require more than one instruction. Such statutes are therefore classified under more than one grouping with an instruction prepared for the statute under each appropriate grouping. One should be aware that if an instruction for a particular statute does not seem to cover the conduct with which he/she is concerned, it will probably be included under another grouping.