OUJI-CR 6-59
INCITEMENT TO RIOT - ELEMENTS
No person may be convicted of incitement to riot unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, action/conduct;
Second, that with the intent to cause, aid, or assist the initiation/continuation of a riot;
Third, urged other persons;
Fourth, to commit [acts of unlawful force/violence]/[the unlawful burning/ destroying of property]/[the unlawful interference with a (police/peace officer)/fireman/ (member of the Oklahoma National Guard)/(a member of a unit of the armed services) who was officially assigned to riot duty in the lawful performance of his duty];
[Fifth, the defendant's act/conduct created a clear and present danger of imminent unlawful action.].
A riot is defined as any use of force or violence, or any threat to use force or violence if accompanied by immediate power of execution, by 3 or more persons acting together and without authority of law.
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Statutory Authority: 21 O.S. Supp. 1995, § 1320.2, 21 O.S. 1991, § 1311.
Notes on Use
In Price v. State, 1994 OK CR 26, ¶ 5, 873 P.2d 1049, 1052, the Oklahoma Court of Criminal Appeals required the Fifth Element to be given in cases involving constitutionally protected speech.
(2000 Supp.)