ICJI 1212H

ICJI 1212H BATTERY BECAUSE OF AN OFFICIAL'S EXERCISE OF DUTIES OR STATUS

In order for the defendant to be guilty of Battery Because of an Official's Exercise of Duty or Status, 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

4. upon [name of victim]

[5. by (description of conduct alleged in the charging document)], and

6. at the time of the offense, [name of victim] was a former or present [justice,] [judge] [magistrate] [jailer] [correctional officer or other staff of [the department of correction] [or] [a county jail] [or] [a private correctional facility]] [employee of a state secure confinement facility for juveniles] [employee of a juvenile detention facility] [teacher at a detention facility] [misdemeanor probation officer] [or] [juvenile probation officer], and

[7. [name of defendant] committed the offense because of [[name of victim]'s exercise of official duties] [or] [[name of victim]'s former or present official status].]

[or]

[7. the offense was committed while [name of victim] was engaged in the performance of [his] [her] duties, and

8. [name of defendant] knew or reasonably should have known that [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

Idaho Code � 18-915.