Indiana Judges Association (IJA) (2017)
CHAPTER 3 OFFENSES AGAINST THE PERSON
Instruction No. 3.2000. Aggravated Battery.
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)
[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.