CJI2d[NY] Penal Law § 120.05(7)

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

Under our law, a person is guilty of Assault in the Second Degree when,

Select applicable alternative, if it was not admitted by the defendant pursuant to CPL 200.60: ³ having been charged with a crime and while confined in a correctional facility pursuant to such charge,

having been convicted of a crime and while confined in a correctional facility pursuant to such conviction,

with intent to cause physical injury to another person, he or she causes such injury to that person [or to a third person].

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

PHYSICAL INJURY means impairment of physical condition or substantial pain.³³

INTENT means conscious objective or purpose. Thus, a person acts with intent to cause physical injury to another when that person's conscious objective or purpose is to cause physical injury to another.⁴

[NOTE: In a case of "transferred intent," add the following paragraph:

Under our law, it is not required that the person who is injured be the same person who was intended to be injured.]

[A CORRECTIONAL FACILITY means any institution operated by the state department of corrections and community supervision, (or any local correctional facility, that is, any county jail, county penitentiary, county lockup, city jail, police station jail, town or village jail or lockup, court detention pen, hospital prison ward or specialized secure juvenile detention facility for older youth), (or any place used, pursuant to a contract with the state or a municipality, for the detention of persons charged with or convicted of a crime).]⁵

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

1. That on or about (date), in the county of (county), the defendant, (defendant's name), caused physical injury to (specify); [and]

2. That the defendant did so with intent to cause physical injury to (specify); [and]

[3. That, at that time, the defendant (was charged with a crime / was convicted of a crime) and was confined in a correctional facility pursuant to that (charge / conviction)]. ⁶

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

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

5. See Correction Law § 40(3) for the definition of "correctional facility," and Correction Law § 40(2) for the definition of the term "local correctional facility" used in the definition of "correctional facility." Effective April 10, 2017, “specialized secure juvenile detention facility for older youth” was added to the definition of “local criminal facility.”

6. If the defendant has admitted element three when arraigned upon the special information, as explained in footnote three, then the offense will consist of only the first two elements. If the defendant has denied element three or stood mute, then element three should read to the jury.