GRAND LARCENY IN THE NIGHTTIME - ELEMENTS
No person may be convicted of grand larceny in the nighttime unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, carrying away;
Third, personal property;
Fourth, of another;
Fifth, from the person;
Sixth, in the nighttime;
Seventh, by fraud/stealth;
Eighth, with the intent to deprive permanently.
Statutory Authority: 21 O.S. 1991, § 1708.
This instruction is meant to cover the crime that provides a greater penalty when the crime of grand larceny is committed in the nighttime from the person of another. Since the crime must be larceny from the person, and larceny from the person under section 1704 is one of the two alternatives which makes larceny grand larceny, no requirement that the value of the property exceed $50 exists. Hence, the alternative language on value present in the instruction on grand larceny and grand larceny in a dwelling or vessel is not needed. In addition, the condition warranting the heavier punishment, nighttime, has been added as an element. Except for these two changes, the instruction is identical to the basic grand larceny instruction.