ICJI 1212E

ICJI 1212E ASSAULT WITH INTENT TO COMMIT A SERIOUS FELONY UPON CERTAIN PERSONNEL

In order for the defendant to be guilty of Assault With Intent to Commit [name of felony] 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 did so with the intent to commit [murder,] [rape,] [the infamous crime against nature,] [mayhem,] [robbery,] [or] [lewd and lascivious conduct with a minor child], 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.