OUJI-CR 5-72

FORGERY

(UTTERING IN GENERAL) - ELEMENTS

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

First, offering/publishing as genuine;

Second, a false (writing having legal significance)/coin;

Fourth, known by the defendant to be false;

Fifth, with the intent to defraud.

[A series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.]

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Statutory Authority: 21 O.S. Supp. 2019, § 1592.

Notes on Use

If the value of the instrument or coin is less than $1,000, the third element should be deleted, and the remaining elements should be renumbered.

(2019 Supp.)