OSCN Found Document:Falsifying by Keeping False Account - Elements
Oklahoma Jury Instructions- Criminal

Oklahoma Uniform Jury Instructions
  Oklahoma Jury Instructions- Criminal
    Chapter 5
      G. FORGERY
        Article 2. FORGERY IN THE SECOND DEGREE
        Section OUJI-CR 5-88 - Falsifying by Keeping False Account - Elements
Cite as: O.S. §, __ __


OUJI-CR 5-88

FORGERY IN THE SECOND DEGREE

(FALSIFYING BY KEEPING FALSE ACCOUNT) - ELEMENTS

No person may be convicted of forgery in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, keeping;

Second, by a/an officer/member/employee of a/an corporation/partnership/ association;

Third, any false account of the corporation/partnership/association;

Fourth, with the intent to defraud/(conceal embezzlement/misconduct).

______________________________

Statutory Authority: 21 O.S. 1991, § 1590.

Committee Comments

The crimes created by sections 1572, 1573, 1586, 1589, and 1590 differ from the "classic" forgery crimes discussed above because the lie involved relates to the entries in and content of documents, and not to the genuineness of documents. It is not "classic" forgery for the county treasurer to make incorrect entries into the records in his office because the records are genuine even though the entries are false. R. Perkins, Criminal Law 345 (2d ed. 1969). Nor would the county treasurer be guilty of false pretense unless the treasurer used the records, as falsified, to obtain property. Hence, there is need for statutes to fill the gap between "classic" forgery and false pretense.

Section 1586 fills the gap by making it a crime for a county treasurer, among others, to make false entries into the treasurer's own records. Vahlberg v. State, 96 Okl. Cr. 102, 249 P.2d 736 (1952). Moreover, in Collins v. State, 70 Okl. Cr. 340, 106 P.2d 273 (1940), interpreting section 1590, the Court of Criminal Appeals stated that the Legislature intended by the statute to create a new crime when an officer of a corporation falsifies the corporation's records. These statutes, therefore, fill the gap between "classic" forgery and false pretense, and are meant to protect the accuracy, rather than the genuineness, of certain records.

Citationizer® Summary of Documents Citing This Document
Cite Name Level
None Found.
Citationizer: Table of Authority
Cite Name Level
Oklahoma Court of Criminal Appeals Cases
 CiteNameLevel
 1940 OK CR 123, 106 P.2d 273, 70 Okl.Cr. 340, Collins v StateDiscussed
 1952 OK CR 139, 249 P.2d 736, 96 Okl.Cr. 102, VAHLBERG v. STATEDiscussed
Title 21. Crimes and Punishments
 CiteNameLevel
 21 O.S. 1590, Corporation Members, Officers or Employees Falsifying Book of Accounts or RecordsCited