Maryland Criminal Pattern Jury Instructions (MSBA)
CHAPTER FOUR CRIMINAL OFFENSES
SECOND DEGREE ASSAULT
MPJI-Cr 4:01

The defendant is charged with the crime of assault.

A

INTENT TO FRIGHTEN

Assault is intentionally frightening another person with the threat of immediate [offensive physical contact] [physical harm]. In order to convict the defendant of assault, the State must prove:

(1) that the defendant committed an act with the intent to place ( name) in fear of immediate [offensive physical contact] [physical harm];

(2) that the defendant had the apparent ability, at that time, to bring about [offensive physical contact] [physical harm]; and

(3) that ( name) reasonably feared immediate [offensive physical contact] [physical harm]; [and]

[(4) that the defendant’s actions were not legally justified.]

B

ATTEMPTED BATTERY

Assault is an attempt to cause [offensive physical contact] [physical harm]. In order to convict the defendant of assault, the State must prove:

(1) that the defendant actually tried to cause immediate [offensive physical contact with] [physical harm to] ( name);

(2) that the defendant intended to bring about [offensive physical contact] [physical harm]; and

(3) that the defendant’s actions were not consented to by ( name) [or not legally justified]. ( notes on use)

C

BATTERY

Assault is causing offensive physical contact to another person. In order to convict the defendant of assault, the State must prove:

(1) that the defendant caused [offensive physical contact with] [physical harm to] ( name);

(2) that the contact was the result of an intentional or reckless act of the defendant and was not accidental; and

(3) that the contact was [not consented to by ( name)] [not legally justified].

“Reckless act” means conduct that, under all circumstances, shows a conscious disregard of the consequences to other people and is a gross departure from the standard of conduct that a law-abiding person would observe.

[A [parent] [caretaker] may use reasonable physical force to [discipline] [safeguard] a child. However, a [parent] [caretaker] may not engage in a gratuitous attack or use physical force simply to inflict pain upon the child. In addition, a [parent] [caretaker] may not use physical force that is inhumane or cruel.

In determining whether the physical force used by a [parent] [caretaker] was reasonable, you should look at all of the surrounding circumstances, including such factors as the age, physical and mental condition of the child, the behavior that led to the use of physical force, the extent and duration of the physical contact with the child, and the impact or injury to the child, if any, resulting from the use of force.]

Notes on Use

Use this instruction if the defendant is charged with second degree assault, under MD. CODE ANN., CRIMINAL LAW I § 3-203 (2021) (hereinafter CRIM. LAW I or II § ). Use version “A” when the only theory of assault is an intent to frighten type of assault. Use (4) only if the evidence generates justification, e.g., self-defense, and give the instruction for that justification. Use version “B” when the only theory of assault is an attempted battery type of assault. Out of an abundance of caution, use (3) unless it is clear that there is neither justification nor consent. Use version “C” when the only theory of assault is a battery. Out of an abundance of caution, use (3) unless it is clear that there is neither justification nor consent. Although version “B” and version “C” may both be applicable, it is unlikely that both version “A” and version “B” are applicable or that both version “A” and version “C” are applicable.

Use the bracketed language regarding the use of “reasonable physical force” if the assault charged is upon a child and a reasonable discipline defense is offered.

 

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