Proposed Mississippi Plain Language Model Jury Instructions - Criminal 3904

[Name of defendant] is charged in count ___ with endangerment by bodily substance.

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] knew that [he/she] had _______________ [specify human

immunodeficiency virus (HIV), hepatitis B, or hepatitis C]; and

3A. [Name of defendant] unlawfully attempted to cause [name of person], who was a

______________ [specify corrections employee, visitor to a correctional facility, prisoner, or

offender], to come into contact with [name of defendant]'s ___________ [specify blood, seminal

fluid, urine, feces, or saliva];

OR

3B. [Name of defendant] [intentionally/knowingly] and unlawfully caused [name of person], who

was a ______________ [specify corrections employee, visitor to a correctional facility, prisoner,

or offender], to come into contact with [name of defendant]'s __________ [specify blood,

seminal fluid, urine, feces, or saliva],

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, “corrections employee” means a person who is an employee or

contract employee of a department or agency responsible for operating a jail, prison, or

correctional facility, or a person who is assigned to work in a jail, prison, or correctional facility.

In this instruction, “offender” means a person who is in the custody of the Mississippi

Department of Corrections.

In this instruction, “prisoner” means a person confined in a county or city jail.