RECKLESS CONDUCT WITH A FIREARM - ELEMENTS
No person can be convicted of reckless conduct with a firearm unless the State proves each element of the offense to your satisfaction, beyond a reasonable doubt. These elements are:
First, the defendant engaged in conduct with a loaded shotgun/rifle/pistol;
Second, which created a situation of unreasonable risk and probability of death or great bodily harm to another;
Third, and demonstrated a conscious disregard for the safety of another person.
Statutory Authority: 21 O.S. Supp. 1995, § 1289.11.
The Oklahoma Court of Criminal Appeals held in Witty v. State, 710 P.2d 121, 123 (Okl. Cr. 1985), that in order for a person to be guilty of reckless conduct with a firearm, the firearm must be loaded.
The Committee concluded that there had to be a nexus between the weapon and the reckless conduct, and therefore, it has drafted the instruction to reflect this element, which is not clearly stated in the statute.