ICJI 1279B

ICJI 1279B DOMESTIC BATTERY IN THE PRESENCE OF A CHILD

In order for the defendant to be guilty of Domestic Battery, 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][by (description of conduct)]

4. while they were household members, and

5. in doing so the defendant willfully inflicted a traumatic injury upon (name of victim)], and

6. [the defendant committed such offense in the

physical presence of a child under sixteen (16) years of age] [or] [the defendant committed such offense knowing that a child under sixteen (16) years of age was present and might see or hear an act of domestic assault or battery].

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.

Persons are "household members" if they [are married to each other] [were ever married to each other] [have a child in common, regardless of whether they have been married] [are cohabitating, regardless of whether they have married or hold themselves out to be husband and wife].

["Traumatic injury" means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.]

Comment

I.C. �� 18-903 & 18-918(1),(3)&(4). Use IDJI 1201 for definition of battery.

The charging document apprises the defendant in general terms of the manner in which he is alleged to have committed the crime charged. If there is evidence of other uncharged conduct by the defendant which could also fit within the statutory definition of the crime charged and if the jury is merely instructed regarding the statutory definition of the crime, the defendant may be denied due process by being convicted for a crime different from that charged. State v. Sherrod, 131 Idaho 56, 951 P.2d 1283 (Ct. App. 1998). Therefore, in that circumstance the jury instruction should include, in general terms, the description of the conduct alleged in the charging document to constitute the crime charged.

Prior to July 1, 1996, the statute required that the defendant and the alleged victim both be adults, and the definition of "household member" was more restricted.

Do not us the definition of "willful" or "willfully" as defined in ICJI 340. State v. Sohm, 140 Idaho 458, 95 P.3d 76 (Ct. App. 2004).

Although the statute requires that the defendant willfully inflicted the traumatic injury, it does not require that the defendant intended to inflict the particular injury that the victim actually suffered. State v. Reyes, 139 Idaho 502, 80 P.3d 1103 (Ct. App. 2003).

A traumatic injury includes bruising. State v. Hart, 135 Idaho 827, 25 P.3d 850 (2001).

The statutory definition of "traumatic injury" is not unconstitutionally vague. State v. Hellickson, 135 Idaho 742, 24 P.2d 59 (2001).