ICJI 650

ICJI 650 FAILURE TO APPEAR

In order for the defendant to be guilty of Failure to Appear, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho,

3. the defendant [name] failed to appear in court

4. at the time required in a misdemeanor citation

5. which had been served on the defendant by a law enforcement officer.

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.

A law enforcement officer can serve a misdemeanor citation either by obtaining the defendant's written promise to appear in court at the time indicated on the citation or by physically delivering a copy of the citation to the defendant.

[The term "law enforcement officer" includes a member of the Idaho State Police, a sheriff or deputy sheriff, a city policeman or marshal, a constable, and any other officer duly authorized to enforce municipal, county, or state laws.]

Comment

I.C. s 19-3901A. A "law enforcement officer" includes a building inspector authorized to enforce the building code. State v. Gage, 123 Idaho 620, 853 P.2d 620 (Ct. App. 1993).

[Added July 2005]