ICJI 1212C

ICJI 1212C AGGRAVATED ASSAULT UPON CERTAIN PERSONNEL

In order for the defendant to be guilty of Aggravated Assault upon Certain Personnel, the state must prove each of the following:

1. On or about [date],

2. in the state of Idaho,

3. the defendant [name] committed an assault

upon [name of victim]

4. by [description of conduct alleged in the charging document], and

5. the defendant committed that assault [with a deadly weapon or instrument][or] [by any means or force likely to produce great bodily harm] [or] [with any vitriol, corrosive acid, or a caustic chemical of any kind], and

6. at the time of the offense, [name of victim] was [a] [an] [justice] [judge] [magistrate] [prosecuting attorney] [public defender] [peace officer] [bailiff] [marshal] [sheriff] [police officer] [correctional officer] [employee of the Department of Correction] [employee of a private prison contractor while employed at a private correctional facility in the state of Idaho] [employee of the Department of Water Resources authorized to enforce the provisions of chapter 38, title 42, Idaho Code] [jailer] [parole officer] [officer of the Idaho State Police] [fireman] [social caseworker or social work specialist of the Department of Health and Welfare] [employee of a state secure confinement facility for juveniles] [employee of a juvenile detention facility] [teacher at a detention facility] [juvenile probation officer] [emergency medical technician certified by the Department of Health and Welfare] [advanced emergency technician and EMT-paramedic certified by the State Board of Medicine] [member, employee, or agent of the State Tax Commission] [United States marshal] [federally commissioned law enforcement officer or the deputy or agent of such officer], and

7. the defendant knew or had reason to know [name of victim] was [a] [an] [name of position].

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

Comment

I.C. � 18-915.