CJI2d[NY] Penal Law § 125.26

The (specify) count is Aggravated Murder.

Under our law, a defendant is guilty of Aggravated Murder when, with intent to cause the death of another person, he or she causes the death of such person,² who was

Select the appropriate category:

a police officer ³

a uniformed court officer of the unified court system

a parole officer in the department of corrections and community supervision ⁴

a probation officer

an employee of the Office of Children & Family Services designated by the director to be a peace officer in the transport and warrant unit⁵

an employee of a state correctional institution,⁶ an employee of a local correction facility

who was at the time of the killing engaged in the course of performing his or her official duties, and the defendant knew or reasonably should have known that the victim was (specify title from the foregoing list), and the defendant was more than eighteen years old at the time of the commission of the crime. ⁷

The following terms used in that definition have a special meaning: ⁸

INTENT means conscious objective or purpose. Thus, a person acts with intent to cause the death of another person when his or her conscious objective or purpose is to cause the death of that person.⁹

A person REASONABLY SHOULD KNOW that a person is a (specify) if, in the same circumstances, a reasonable person in the same position and possessing the same knowledge, would know that such person is a (specify).¹⁰

A (specify) 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 (specify), rather than as a private citizen.¹¹

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 five elements:

1. That on or about (date) , in the County of (County) , the defendant, (defendant's name) , caused the death of (victim) ;

2. That the defendant did so with the intent to cause the death of (victim) ;

3. That, at the time of the killing, (victim) was a (specify) engaged in the course of performing his/her official duties;

4. That, at the time of the killing, the defendant knew or reasonably should have known that (victim) was a (specify); and

5. That the defendant was more than eighteen (18) years old at the time of the commission of the crime.

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.

[NOTE: If either of the affirmative defenses -- Extreme Emotional Disturbance (§ 125.26(2)(a)) or Aiding a Suicide (§ 125.26(2)(b)) -- applies, omit the final two paragraphs of the above charge, and substitute one of the charges in the “Additional Charges” section of Penal Law article 125 charges.