OUJI-CR 6-48

OBSTRUCTING AN OFFICER IN THE PERFORMANCE

OF HIS/HER OFFICIAL DUTIES - ELEMENTS

No person may be convicted of obstructing an officer in the performance of his/her official duties unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, willfully;

Second, delayed/obstructed;

Third, a [Specify Public Officer];

Fourth, known by the defendant to be a [Specify Public Officer];

Fifth, in the discharge of any duty of his/her office.

[A person does not have to use physical force to be guilty of obstructing an officer in the performance of his/her official duties.]

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Statutory Authority: 21 O.S. 1991, § 540.

Notes on Use

The last sentence is not necessary if the defendant used physical force.

Committee Comments

In Trent v. State, 777 P.2d 401, 402 (Okl. Cr. 1989), the Oklahoma Court of Criminal Appeals expressly overruled Ratcliff v. State, 12 Okl. Cr. 448, 158 P. 293 (1916), and held that words alone may suffice to support a conviction for obstructing an officer.