MUJI 2d CR1321

(DEFENDANT'S NAME) is charged [in Count ____] with committing Aggravated 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);

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

[intentionally, knowingly, or recklessly

made a threat, accompanied by a show of immediate force or violence, to do bodily injury to (VICTIM'S NAME); or

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

(DEFENDANT'S NAME)

[used a dangerous weapon; or]

[committed an act that interfered with the breathing or the circulation of blood of (VICTIM'S NAME) by use of unlawful force or violence that was likely to produce a loss of consciousness by:

applying pressure to the neck or throat of (VICTIM'S NAME); or

obstructing the nose, mouth, or airway of (VICTIM'S NAME); or]

[used [other] means or force likely to produce death or serious bodily injury]; and

[(DEFENDANT'S NAME) intentionally caused serious bodily injury]; 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][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.