ICJI 1212D

ICJI 1212D AGGRAVATED BATTERY UPON CERTAIN PERSONNEL

In order for the defendant to be guilty of Aggravated Battery 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 a battery upon [name of victim], [who was a pregnant female],

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

5. when doing so the defendant [caused great bodily harm, permanent disability, or permanent disfigurement] [or] [used a deadly weapon or instrument] [or] [used any vitriol, corrosive acid, or a caustic chemical of any nature] [or] [used any poison or other noxious or destructive substance or liquid] [or] [caused great bodily harm, permanent disability, or permanent disfigurement to an embryo or fetus], 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, then you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, you must find the defendant guilty.

Comment

I.C. � 18-915.