MUJI 2d CR1306

(DEFENDANT'S NAME) is charged [in Count ____] with committing Assault by Prisoner [on or about (DATE)]. You cannot convict [him] [her] of this offense unless, based on the evidence, you find beyond a reasonable doubt each of the following elements:

(DEFENDANT'S NAME);

Intending to cause bodily injury;

[intentionally or knowingly attempted, with unlawful force or violence, to do bodily injury to (VICTIM'S NAME); or]

[intentionally, knowingly, or recklessly committed an act with unlawful force or violence that

caused bodily injury to (VICTIM'S NAME); or

created a substantial risk of bodily injury to (VICTIM'S NAME);] and

At the time of the act (DEFENDANT'S NAME) was

in the custody of a peace officer pursuant to a lawful arrest; or

was confined in a [jail or other penal institution][a facility used for confinement of delinquent juveniles] regardless of whether the confinement is legal; and

[The defense of _______________ does not apply.]

After you carefully consider all the evidence in this case, if you are convinced that each and every element has been proven beyond a reasonable doubt, then you must find the defendant GUILTY. On the other hand, if you are not convinced that each and every element has been proven beyond a reasonable doubt, then you must find the defendant NOT GUILTY.