OUJI-CR 6-13

TRAFFICKING IN ILLEGAL DRUGS - ELEMENTS

You are instructed that no person may be convicted of trafficking in illegal drugs unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, knowingly;

Second, distributed/manufactured/(brought into Oklahoma)/possessed;

Third, [Specify Amount of Controlled Dangerous Substance from 63 O.S. Supp. 2000, § 2-415(C)] of [Specify Controlled Dangerous Substance].

OR

First, possessed;

Second, [Specify Controlled Dangerous Substance];

Third, with the intent to manufacture;

Fourth, [Specify Amount of Controlled Dangerous Substance from 63 O.S. Supp. 2000, § 2-415(C)] of [Specify Controlled Dangerous Substance].

OR

First, used/(solicited the use of);

Second, services of a person less than 18 years of age;

Third, to distribute/manufacture;

Fourth, [Specify Amount of Controlled Dangerous Substance from 63 O.S. Supp. 2000, § 2-415(C)] of [Specify Controlled Dangerous Substance].

[If you find that the defendant represented the amount of the (Specify Controlled Dangerous Substance) to be (Specify Amount of Controlled Dangerous Substance from 63 O.S. Supp. 2000, § 2-415(C)), then you may find the defendant guilty of trafficking in illegal drugs regardless of the actual amount.]

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Statutory Authority: 63 O.S. Supp. 2000, § 2-415.

Notes on Use

The trial court should select the appropriate option, and the bracketed last sentence should be given only if appropriate.

(2000 Supp.)