CJI2d[NY] Penal Law § 120.18

The (specify) count is Menacing a Police Officer [or Peace Officer].

Under our law, a person is guilty of Menacing a Police Officer [or Peace Officer] when he or she intentionally places or attempts to place a police officer [or peace officer] in reasonable fear of physical injury, [or serious physical injury or death²] by displaying a

[Select appropriate alternative(s):

deadly weapon

knife

pistol, revolver, rifle, shotgun, machine gun or other firearm, whether operable or not]

where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer [or peace officer].³

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

PHYSICAL INJURY means impairment of physical condition or substantial pain.⁴

[SERIOUS PHYSICAL INJURY means impairment of a person's physical condition which creates a substantial risk of death, or which causes death, or serious and protracted disfigurement, or protracted impairment of health or protracted loss or impairment of the function of any bodily organ.⁵]

DEADLY WEAPON means:

Select appropriate alternative:

any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged.

a switchblade knife defined as any knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.

a pilum ballistic knife defined as any knife having a blade which can be projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife.

a metal knuckle knife, defined as a weapon that, when closed, cannot function as a set of plastic knuckles or metal knuckles, nor as a knife and when open, can function as both a set of plastic knuckles or metal knuckles as well as a knife.

metal knuckles, defined as a metal object with multiple holes, through which individual places his or her fingers so that a metal bar rests atop the individual's knuckles.

a billy, defined as a cylindrical or rounded, rigid, club or baton with a handle grip which, from its appearance and inherent characteristics, is designed to be used as a striking weapon and not for other lawful purposes.

a dagger

a blackjack

plastic knuckles. ⁶

Intent means conscious objective or purpose. Thus, a person INTENTIONALLY places or attempts to place a police officer [or peace officer] in reasonable fear of physical injury by displaying a weapon when his or her conscious objective or purpose is to do so.⁷

A person REASONABLY SHOULD HAVE KNOWN that the victim was a police officer [or peace officer] if, in the same circumstances, a reasonable person in the same position and possessing the same knowledge, would have known that such intended victim was a police officer [or peace officer].⁸

A police officer [or peace officer] is engaged in the course of performing his or her OFFICIAL DUTIES when he or she is acting pursuant to his or her occupation as a police officer [or peace officer], rather than as a private citizen.⁹

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, each of the following four elements:

1. That on or about (date) , in the county of (county) , the defendant, (defendant's name) , placed or attempted to place (specify) in reasonable fear of physical injury [serious physical injury or death], by displaying a

[Select appropriate alternative(s):

deadly weapon

knife

pistol, revolver, rifle, shotgun, machine gun or other firearm, whether operable or not]

2. That the defendant did so intentionally;

3. That, at the time of the incident, (specify) was a police officer [or peace officer] in the course of performing his/her official duties; and

4. That, at the time of the incident, the defendant knew or reasonably should have known that (specify) was a police officer [or peace officer].

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.