DC Instruction 4.102. ASSAULT WITH SIGNIFICANT INJURY

Criminal Jury Instructions for the District of Columbia
IV. Offenses
Scope
A. Crimes Against Persons
1. Assault and Threats

Instruction 4.102 ASSAULT WITH SIGNIFICANT INJURY

D.C. Official Code § 22-404(a)(2) (2001)

A. BATTERY ASSAULT

The elements of the crime of assault with significant injury, each of which the government must prove beyond a reasonable doubt, are that:

1. [Name of defendant] with force or violence injured [name of complainant] [another person];
2. S/he did so voluntarily, on purpose, and not by mistake or accident;
3. The injury caused by [name of defendant] was a significant bodily injury; and
4. [Name of defendant] either

(A) intended to cause significant bodily injury to [name of complainant or third person]; or
(B) knew that significant bodily injury to [name of complainant or third person] would result from his/her conduct; or
(C) was aware of and disregarded the risk of significant bodily injury that his/her conduct created.

[For this offense, “significant bodily injury” means an injury that requires hospitalization or immediate medical treatment in order to preserve the health and well-being of the individual. “Medical treatment” is not merely a diagnosis and must be aimed at preventing long-term physical damage and other potentially permanent injuries, or abating severe pain. “Treatment” is not medical if applied to lesser, short-term hurts. Remedies such as ice packs, bandages, and self-administered over-the-counter medications do not qualify as “medical treatment,” whether or not they are administered by a medical professional. Medical treatment is not required unless the individual would suffer additional harm by failing to receive professional diagnosis and treatment [or unless the individual has suffered an injury that poses an obvious risk of long-term physical damage or severe pain and the injury requires diagnostic testing to evaluate the danger and need for treatment]. The fact that an individual who was injured did or did not seek immediate medical attention, was or was not transported by ambulance to a hospital, or did or did not receive treatment at a hospital is not determinative of whether hospitalization or immediate medical treatment was required. Instead, you must consider the nature of the alleged injury itself and the practical need in the ordinary course of events for hospitalization or prompt medical treatment in determining whether significant bodily injury occurred here.]

B. INTENT-TO-FRIGHTEN ASSAULT

[The elements of the offense of assault with significant injury, each of which the government must prove beyond a reasonable doubt, are that:]

[Another way the government may prove an assault with significant injury is by proving each of the following elements beyond a reasonable doubt, that:]

1. [Name of defendant] committed a threatening act that reasonably would create in another person a fear of immediate injury;
2. S/he did so voluntarily, on purpose, and not by mistake or accident;
3. At the time, [name of defendant] had the apparent ability to injure [name of complainant] [a person];
4. [Name of defendant’s] threatening act caused [name of complainant’s] injury; and
5. [Name of defendant] either

For this offense, “significant bodily injury” means an injury that requires hospitalization or immediate medical treatment in order to preserve the health and well-being of the individual. “Medical treatment” is not merely a diagnosis and must be aimed at preventing long-term physical damage and other potentially permanent injuries, or abating severe pain. “Treatment” is not medical if applied to lesser, short-term hurts. Remedies such as ice packs, bandages, and self-administered over-the-counter medications do not qualify as “medical treatment,” whether or not they are administered by a medical professional. Medical treatment is not required unless the individual would suffer additional harm by failing to receive professional diagnosis and treatment [or unless the individual has suffered an injury that poses an obvious risk of long-term physical damage or severe pain and the injury requires diagnostic testing to evaluate the danger and need for treatment]. The fact that an individual who was injured did or did not seek immediate medical attention, was or was not transported by ambulance to a hospital, or did or did not receive treatment at a hospital is not determinative of whether hospitalization or immediate medical treatment was required. Instead, you must consider the nature of the alleged injury itself and the practical need in the ordinary course of events for hospitalization or prompt medical treatment in determining whether significant bodily injury occurred here.

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