CJI2d[NY] Penal Law § 120.05 (3)

city marshal,

traffic enforcement officer,

traffic enforcement agent

November 1, 2010 [ch 318] for:

registered nurse,

licensed practical nurse

September 12, 2010 [ch 345] for:

sanitation enforcement agent

September 16, 2012 [ch 377] for:

New York city sanitation worker

January 27, 2014 [ch 259] for:

prosecutor

November 1, 2014 [ch 196] for:

school crossing guard

November 1, 2016 [ch 267] for:

Public health sanitarian, or New York City public health sanitarian

November 1, 2016 [ch 267] for:

employee of (specify) governed by the public service law in the

course of performing an essential service)

The (specify) count is Assault in the Second Degree.

Under our law, a person is guilty of Assault in the Second Degree when, with the intent to prevent a

Select appropriate alternative:

peace officer

police officer

prosecutor²

registered nurse

licensed practical nurse

public health sanitarian³

New York City public health sanitarian ⁴

sanitation enforcement agent

New York city sanitation worker

firefighter [including a firefighter acting as a paramedic or

emergency medical technician administering first aid in the

course of performance of duty as such firefighter]

emergency medical service paramedic

emergency medical service technician

medical or related personnel in a hospital emergency

department

city marshal

school crossing guard ⁵ traffic enforcement officer

traffic enforcement agent

employee of (specify) governed by the public service law⁶ in the course of performing an essential service

from performing a lawful duty,⁷ he or she causes physical injury to such person.⁸

The following terms used in that definition have a special meaning:

INTENT means conscious objective or purpose. Thus, a person acts with intent to prevent a (specify the appropriate title from the list on pages two, three and four) from performing a lawful duty when that person's conscious objective or purpose is to prevent such person from performing a lawful duty.⁹

PHYSICAL INJURY means impairment of physical condition or substantial pain.¹⁰

such municipality.”

LAWFUL DUTY:

Note: The term “lawful duty” is not defined in the Penal Law. If in issue, the term will need to be defined within the context of the facts presented. See e.g. CPL 140.20 (Arrest without a warrant by a police officer); CPL 140.25 (Arrest without a warrant by a peace officer); CPL140.50 (Temporary questioning of persons in public places; search for weapons).¹¹ The following are examples of a definition of “lawful duty” that may be used or adapted as the facts of the case dictate:

(1) It is a lawful duty of a police officer to detain a person when the officer has reasonable suspicion to believe that a person has or is engaged in the commission of a crime.

(2) It is a lawful duty of a police officer to arrest a person when the officer has reasonable cause to believe that a person has or is engaged in the commission of a crime.

(3) It is a lawful duty of a police officer to stop an automobile for which the officer has reasonable suspicion to believe an occupant or occupants is or has engaged in unlawful activity, including a violation of the vehicle and traffic law; and upon doing so, the officer is performing a lawful duty in detaining the occupant or occupants for a reasonable period to further investigate whether there is reasonable cause to be believe an occupant is or has engaged in an offense; and the officer is performing a lawful duty when, with reasonable cause to believe an occupant is or has engaged in a crime, the officer arrests an occupant.

Add one or more of the folllowing paragraphs as appropriate: Reasonable suspicion [reasonable cause] does not require that a crime in fact be committed by the person stopped [arrested].

Neither reasonable suspicion nor reasonable cause require that a crime in fact be committed by the person stopped and arrested.

Reasonable suspicion exists when information which appears reliable discloses facts or circumstances sufficient to convince a person of reasonable caution that criminal activity is at hand.¹¹

Reasonable cause exists when information which appears reliable discloses facts or circumstances sufficient to convince a person of reasonable caution that it is more likely than not that an offense was or is being committed and that the person arrested committed it. ¹²

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following three elements:

1. That on or about (date), in the County of (County), the defendant, (defendant's name), caused physical injury to (specify name of complainant);

2. That (specify name of complainant) was a (specify the appropriate title from the list on pages two, three and four); and

3. That the defendant caused such physical injury with intent to prevent (specify name of complainant) from performing a lawful duty.

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.