IN IJA 3.2000. Aggravated Battery.


IN IJA 3.2000. Aggravated Battery.


State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 3 OFFENSES AGAINST THE PERSON

Instruction No. 3.2000. Aggravated Battery.


I.C. 35-42-2-1.5.

The crime of aggravated battery is defined by law as follows:

A person who knowingly or intentionally inflicts injury on a person that creates a substantial risk of death or causes (serious permanent disfigurement) (protracted loss or impairment of the function of a bodily member or organ) (the loss of a fetus) commits aggravated battery, a Level 3 felony. [The offense is a Level 1 felony if it results in the death of a child less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.]

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. inflicted injury on (name person)

4. and the injury

(created a substantial risk of death)

(caused:

[serious permanent disfigurement]

[protracted loss or impairment of the function of (specify alleged bodily 
member or organ)]

[the loss of a fetus].)

[5. (For Level 1 felony) and the offense resulted in the death of (name child), a child who was at the time less than fourteen (14) years of age and the Defendant was at the time at least eighteen (18) years of age.]

If the State failed to prove each of these elements beyond a reasonable doubt, you must find the Defendant not guilty of aggravated battery, a Level 3/1 felony.

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