IN IJA 3.0500. Murder with Lesser Offense of Voluntary Manslaughter.


IN IJA 3.0500. Murder with Lesser Offense of Voluntary Manslaughter.


State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 3 OFFENSES AGAINST THE PERSON

Instruction No. 3.0500. Murder with Lesser Offense of Voluntary Manslaughter.

I.C. 35-42-1-1, I.C. 35-42-1-3.

The crime of murder is defined by law as follows:

A person who knowingly or intentionally kills another human being, commits murder, a felony.

Included in the charge in this case is the crime of voluntary manslaughter, which is defined by law as follows:

A person who knowingly or intentionally kills [another human being] [a fetus that has attained viability] while acting under sudden heat commits voluntary manslaughter, a Level 2 felony.

Sudden heat is a mitigating factor that reduces what otherwise would be murder to voluntary manslaughter. The State has the burden of proving beyond a reasonable doubt that the Defendant was not acting under sudden heat.

Before you may convict the Defendant, the State must have proved each of the following beyond a reasonable doubt:

1. The Defendant

2. knowingly or intentionally

3. killed

4. [name human being] [a fetus that had attained viability, which is defined as the ability of a fetus to live outside the mother’s womb.]

5. and the Defendant was not acting under sudden heat.

If the State failed to prove each of elements 1 through 4 beyond a reasonable doubt, you must find the Defendant not guilty of murder as charged in Count ____________.

If the State did prove each of elements 1 through 4 beyond a reasonable doubt, but the State failed to prove beyond a reasonable doubt element 5, you may find the Defendant guilty of voluntary manslaughter, a Level 2 felony, a lesser included offense of Count ____________.

If the State did prove each of elements 1 through 5 beyond a reasonable doubt, you may find the Defendant guilty of murder, a felony as charged in Count ____________.

By | 2018-03-11T12:26:30+00:00 March 11th, 2018|Comments Off on IN IJA 3.0500. Murder with Lesser Offense of Voluntary Manslaughter.