AK · jury_instructions
Alaska Criminal Pattern Jury Instruction 1.56F
Aggravating Factors - Vulnerable Victim 12.55.155(c)(5)
__________, the defendant in this case, was convicted in Count [Counts] ___ of the crime [crimes] of ____________. You now must determine if the following aggravating factor is proved beyond a reasonable doubt as to this count [these counts]:
The defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill health, or extreme youth or was for any other reason substantially incapable of exercising normal physical or mental powers of resistance.
To prove this aggravating factor, the state must prove beyond a reasonable doubt the following:
(1) The victim was particularly vulnerable or incapable of resistance due to advanced age, disability, ill health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental powers of resistance; and
(2) The defendant knew or reasonably should have known that the victim was particularly vulnerable or incapable of resistance due to advanced age, disability, ill health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental powers of resistance.
If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you shall find the aggravating factor proved and mark the findings form YES.
If, on the other hand, you find from your consideration of all the evidence that any of these propositions have not been proved beyond a reasonable doubt, then you shall find the aggravating factor not proved and mark the findings form NO.
History
Alaska Criminal Pattern Jury Instructions 1.56F, dated Added 2007. Prepared by the Alaska Criminal Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
aa2f7bc207a8da71b5f241afd73efb3ea21db0a45e9771c6453b710ed5ddf2d0
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