Oklahoma Jury Instruction Counterfeitei— - Uttering refers to a specific set of guidelines provided to jurors in Oklahoma when dealing with cases involving the act of counterfeiting and uttering counterfeit currency or instruments. These instructions help jurors understand the elements of the crime, the burden of proof, and other crucial points to consider during their deliberations. Counterfeit refers to the creation or replication of a document, currency, or instrument that imitates the genuine item with the intention to deceive others. Uttering, on the other hand, involves knowingly and intentionally passing or attempting to pass counterfeit currency or instruments as genuine or authentic. These instructions outline the essential elements that the prosecution must prove beyond a reasonable doubt to establish a case of Counterfeit — Uttering. They may include the following key components: 1. Knowing or intentional act: Jurors must be clear that the defendant's actions were done willingly, with knowledge, or on purpose, and not by mistake or accident. 2. Counterfeit currency or instruments: It is vital that the jurors understand the characteristics and features that distinguish counterfeit currency or instruments from genuine ones. Specific details regarding the appearance, printing quality, security features, and any expert testimony may be highlighted. 3. Genuine or authentic representation: Jurors need to consider whether the defendant represented the counterfeit currency or instrument as genuine or authentic knowingly or with the intent to deceive. 4. Intention to defraud or deceive: The instructions should make it clear that the defendant must have had the specific intent to defraud or deceive another individual or entity by passing or attempting to pass the counterfeit currency or instrument. The exact phrasing and numbering of the instructions may vary depending on the specific case and legal requirements. However, the overarching purpose of these instructions remains consistent — to guide jurors in understanding the legal elements and basis for establishing guilt beyond a reasonable doubt in cases involving Counterfeit — Uttering. It is important to note that while the content above provides a general overview of Oklahoma Jury Instruction Counterfeitei— - Uttering, specific variations or additional instructions may exist in different jurisdictions or for specific situations. Therefore, legal professionals should refer to the relevant official instructions or seek specific advice when dealing with such cases.
Oklahoma Jury Instruction - Counterfeit - Uttering
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PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).
Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.
Forgery may result in a misdemeanor sentence of imprisonment in county jail for a term of up to one year. However, California state laws also permit the state to consider felony sentencing of imprisonment for sixteen months, two years, or three years.
If the value of the forgery is One Thousand Dollars ($1,000.00) or more, a felony punishable by imprisonment not exceeding seven (7) years. If the total or aggregate value of the forgery is Two Thousand Dollars ($2,000.00) or more, a felony punishable by imprisonment not exceeding seven (7) years.
Forgery in the first degree is a felony punishable by imprisonment in the custody of the Department of Corrections for not less than seven (7) years nor more than twenty (20) years.
Judge's Instructions on the Law This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict. You must consider all of the instructions and give them equal consideration.
In general, forgery is charged as a third-degree felony. If convicted, a person could be punished by up to 5 years in jail and a fine of up to $25,000.