Ill. Pattern Jury Instr. (Criminal) 7.19C

Instructed On Voluntary Manslaughter Of An Unborn Child—Belief In Justification

To sustain either the charge of intentional homicide of an unborn child or the charge of

voluntary manslaughter of an unborn child, the State must prove the following propositions:

First Proposition: That the defendant performed the acts which caused the death of the

unborn child of ____; and

Second Proposition: That when the defendant did so, he

[1] intended to kill or do great bodily harm to ____ or her unborn child;

[or]

[2] knew that his acts would cause death to ____ or her unborn child;

[or]

[3] knew that his acts created a strong probability of death or great bodily harm to _____

or her unborn child.

and

Third Proposition: That the defendant was not justified in using the force that he used.

If you find from your consideration of all the evidence that any one of these propositions

has not been proved beyond a reasonable doubt, you should find the defendant not guilty [of

intentional homicide of an unborn child and not guilty of voluntary manslaughter] and your

deliberations [on these charges] should end.

If you find from your consideration of all the evidence that each one of these propositions

has been proved beyond a reasonable doubt, you should go on with your deliberations to decide

whether the defendant is guilty of intentional homicide of an unborn child instead of voluntary

manslaughter of an unborn child.

To sustain the charge of intentional homicide of an unborn child instead of voluntary

manslaughter of an unborn child, the State must prove beyond a reasonable doubt the following

additional proposition:

That the defendant, at the time he performed the acts which caused the death of the

unborn child of ____, did not believe that circumstances existed which would have

justified the deadly force he used.

If you find from your consideration of all the evidence that this additional proposition has

been proved beyond a reasonable doubt, you should find the defendant guilty of intentional

homicide of an unborn child.

If you find from your consideration of all the evidence that this additional proposition has

not been proved beyond a reasonable doubt, you should find the defendant not guilty of

voluntary manslaughter of an unborn child.