Elements of Criminal Offenses

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Author:
catahue2
ID:
83248
Filename:
Elements of Criminal Offenses
Updated:
2011-05-02 14:30:04
Tags:
sexual elements
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Description:
The elements of ssexual assault crimes
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  1. What are the elements of spusal rape in the 1st degree
    • 1. sexual intercourse
    • 2. with the spouse of the defendant
    • 3. where force/violence was threatened against the victim/another person and the defendant had the power to carry out the threat
  2. what are the elements of rape in the 2nd degree?
    • 1. sexual intercourse
    • 2. with a person who is not the spouse of the defendant (and may of the same sex )
    • 3. where the victim was under the age of sixteen
    • {or}
    • 3. where the victim was intoxicated by a/an narcotic/anesthetic
    • 4. given by or in the presense of the defendant
    • 5. as a means of forcing the victim to submit
    • {or}
    • 3. where the victim was at the time unconscious and unaware and the defendant knew this
    • {or}
    • 3. where the victim was under the belief induced by the defendant that the victim was having intercourse with his/her spouse
    • {or}
    • 3. where the victim was under the legal custody of a state agency
    • 4. the victim engaged in sex with a state employee/employee of a contractor of the state
  3. What are the elements of rape by instrumentation in the 1st degree
    • 1. penetration of the anus/vagina
    • 2. of any other person
    • 3. by (an inanimate object/(a part of the human body other than the penis)
    • 4. without his/her consent
    • 5. which resulted in bodily harm
    • 6. [List the cricumstances which exist]
  4. What are the elements of rape by instrumentation in the 1st degree (child under 14)
    • 1. penetration of the anus/vagina
    • 2. of a child under 14 years of age
    • 3.by (an inanimate object/(a part of the human body other than the penis)
  5. What are the elements of raspe by instrumentation in the 2nd degree?
    • 1. penetration of the anus/vagina;
    • 2. of any other person;
    • 3. by (an inanimate object)/(a part of the human body other than the penis);
    • 4. without his/her consent;
    • 5. [List the circumstances which exist]
  6. What are the elements of forcible oral sodomy?
    • 1. penetration
    • 2. of the mouth/vagina of the defendant/victim;
    • 3. by the mouth/penis of the defendant/victim
    • 4. by (threats of) force/violence and the apparent ability to make good on the threat
    • {or}
    • 4. by a person over the age of 18 on a child under the age of 16
    • {or}
    • 4. committed upon a person incable throu mental illness or any unsoundness giving legal consent
    • {or}
    • 4. committed by a state/county/municipal employee/contractor upon a person who was under the legal custody, supervision or authority of a state/country.. agency
    • i.e. a prison guard on a prisoner
  7. What are the elements of lewd acts (molestation) with/[indecent proposals to] a child under 16
    • 1. the defendant was at least 3 years older than the victim
    • 2. who knowingly and intentionally
    • 3. made any spoken/written/electronic/computer generated lewd or indecent proposal
    • 4. to any child under 16 years of age
    • 5 for the child to have unlawful sexual relations
    • {or}
    • 3. (looked upon)/touched/mauled/felt
    • 4. the body or private parts
    • 5. of any child under 16 years of age
    • 6. in any lewd or lascivious manner
    • {or}
    • 3. asked/invited/enticed/persuaded;
    • 4. any child under 16 years of age
    • 5. to go alone with any person
    • 6. to a secluded/remote/secret place
    • 7. with the unlawful and willful intent and purpose
    • 8. to commit [identify crime against public decency & morality]
    • {or}
    • 3. in a lewd & lacivious manner
    • 4. for the purpose of sexual gratification
    • 5. urinated/defecated upon/ejaculated upon/in the prescence of
    • 6. any child under 16 years of age
    • {or}
    • 3. in a lewd & lascivious manner
    • 4. for the purpose of sexual gratificaton
    • 5. forced/required any child under 16 years of age
    • 6. to look upon (the body/private parts) of another person/sexual acts performed in the presence of the child
    • {or}
    • 3. in a lewd & lascivious manner
    • 4. for the purpose of sexual gratificaton
    • 5. forced/required any child under 16 years of age
    • 6. to touch/feel the body/private parts of the the child/another person
  8. What are the elements of sexual battery?
    • 1. intentionally
    • 2. touched/felt/mauled
    • 3. the body/private parts
    • 4. of any person 16 years of age or older
    • 5. without his/her consent
    • 6. in a lewd & lasciviou manner
    • {or}
    • 1. a state/county/... employee/contractor...
    • 2. intentionally
    • 3. touched/felt/mauled
    • 4. the body/private parts
    • 5. of any person 16 years or older
    • 6. who was under the legal custody, supervision, or authority of a state/county... of Oklaoma
    • 7. in a lewd and lascivious manner
  9. What are the elements of indecent exposure?
    • 1. willfully
    • 2. and in a lewd manner
    • 3. exposed his/her person/penis/vagina
    • 4. in a public place/palce where there were present other persons to be offended
  10. What are the elements of peeping tom?
    • 1. hid/waited/loitered
    • 2. in the vicinity of any (private dwelling house/apartment building/place of residence
    • 3. with the unlawful & willful intent
    • 4. to watch/gaze/look upon the occupants
    • 5. in a secretive manner
  11. What are the elements of incest
    • 1. married to/committed adultery/fornication with
    • 2. the defendan'ts [Identify relationship to defendant, e.g., child, sister, etc.


    less than rape
  12. What is consent of minor defined?
    Under the age of 14/16 is incapable of giving consent/agreement to engage in sexual conduct which is otherwise prohibited.
  13. What is rape/sexual intercourse defined?
    Sexual intercouse is the actual penetration of the vagina/anus by the penis. Any sexual penetration, however slight, is sufficient to complete the crime.

    O.S. 1991

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