OUJI-CR 5-95

GRAND LARCENY IN A DWELLING OR VESSEL - ELEMENTS

No person may be convicted of grand larceny of a dwelling/vessel unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, taking;

Second, carrying away;

Third, personal property;

Fourth, of another;

Fifth, (valued at more than $50/500)/(from the person);

Sixth, committed in a dwelling/vessel;

Seventh, by fraud/stealth;

Eighth, with the intent to deprive permanently.

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Statutory Authority: 21 O.S. 1991 & Supp. 1995, §§ 1704, 1705, 1707.

Committee Comments

The distinction between this crime and grand larceny is that the crime is committed in specified structures. Notice that the statute uses the words "dwelling house." The Commission has used the term "dwelling" rather than "house" or "dwelling house," because "dwelling" is more descriptive of the concept meant to be conveyed.