OUJI-CR 6-59


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.


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.)