IN IJA 3.2900. Rape.


IN IJA 3.2900. Rape.


State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 3 OFFENSES AGAINST THE PERSON

Instruction No. 3.2900. Rape.


I.C. 35-42-4-1.


The crime of rape is defined by law as follows:

A person who knowingly or intentionally (has sexual intercourse with another person) (causes another person to perform or submit to other sexual conduct) when [the other person is compelled by force, or imminent threat of force] [the other person is unaware that the sexual intercourse is occurring] [the other person is so mentally disabled or deficient that consent to sexual intercourse cannot be given] commits rape, a Level 3 felony.

[The offense is a Level 1 felony if

(it is committed by using or threatening the use of deadly force)

(it is committed while armed with a deadly weapon)

(it results in serious bodily injury to any person other than the defendant)

(its commission is facilitated by furnishing the other person, without the other person’s knowledge, a drug or controlled substance).

(its commission is facilitated by knowing that the other person had been furnished, without the other person’s knowledge, a drug or controlled substance).]

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. [had sexual intercourse with (name)]

[or]

[caused (name), another person, to (perform) (submit to) other sexual conduct]

4. when

[(name) was compelled by force or imminent threat of force]

[or]

[(name) was unaware that the sexual intercourse was occurring]

[or]

(name) was so mentally disabled or deficient that consent to sexual intercourse could not be given]

[5. (for Level 1 felony) (and Defendant committed the offense by [using] [threatening the use of] deadly force)

(or)

(and Defendant committed the offense while armed with a [name weapon], a deadly weapon)

(or)

(and the Defendant’s conduct resulted in serious bodily injury to [name person
other than the Defendant])

(or)

(and the offense was facilitated by furnishing [name], without [name]’s knowledge, [name drug or controlled substance alleged], a [drug] [controlled substance])

(or)

(and the offense was facilitated by knowing that [name] had been furnished, without [name]’s knowledge, [name drug or controlled substance alleged], a [drug] [controlled substance]).

If the State failed to prove each of these elements beyond a reasonable doubt, you should find Defendant not guilty of rape, a Level 3/1 felony, charged in Count ____________.

By | 2018-03-11T12:35:50+00:00 March 11th, 2018|Comments Off on IN IJA 3.2900. Rape.