Proposed Mississippi Plain Language Model Jury Instructions - Criminal 2611

[Name of defendant] is charged in count ___ with simple assault on a person 65 years old

or older or a vulnerable adult.

If you find beyond a reasonable doubt from the evidence in this case that:

1. On or about [date of alleged crime], in ____________ County;

2. [Name of defendant] negligently and unlawfully [injured/caused bodily injury to] [name of

victim] by using a deadly weapon to ________________________ [describe defendant’s alleged

actions]; and

3. When [name of defendant] negligently and unlawfully [injured/caused bodily injury to] [name

of victim], [name of victim] was 65 years old or older or a vulnerable adult,

then you shall find [name of defendant] guilty as charged.

If the State did not prove any one of the above listed elements beyond a reasonable doubt,

then you shall find [name of defendant] not guilty of count ___.

Definition(s) in this Instruction -

In this instruction, “negligently” means doing something that a reasonably careful person

would not do under similar circumstances or failing to do something that a reasonably careful

person would do under similar circumstances.

In this instruction, “deadly weapon” means an object, article, or means which, when used

as a weapon under the existing circumstances, is reasonably capable or likely to produce death or

serious bodily harm to another person.

In this instruction, “vulnerable adult” means that [he/she] is not able to lead a normal

daily life or is not able to take care of [himself/herself] or protect [himself/herself] from abuse or

neglect due to a mental, emotional, physical, or developmental state, or as a result of brain

damage, or as a result of aging.