OUJI-CR 8-58
BURGLARY - DEFENSE OF CONSENT
A person who enters a dwelling with the consent or authorization of an owner or occupant of that dwelling does not commit a "breaking" and therefore cannot be convicted of burglary (in the first/second degree)/(with explosives). Such consent or authorization to enter is adequate where it is given by one who has actual authority to give it or by one who reasonably appears to have such authority.
It is the burden of the State to prove beyond a reasonable doubt that the defendant did not enter with the consent or authorization of an owner or occupant or one who reasonably appeared to have such authority. If you find that the State has failed to sustain that burden, then the defendant must be found not guilty.
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Notes on Use
This instruction should be given in a first or second degree burglary case or a burglary with explosives case where the evidence presented at trial sufficiently raises the issue of consent or authorization to enter.
Committee Comments
See Roberts v. State, 2001 OK CR 14, ¶ 19, 29 P.3d 583, 589.
2012 SUPPLEMENT