Assault.

CR1301 Definitions for Assault and Related Offenses

["Bodily injury" means physical pain, illness, or any impairment of physical condition.]

["Substantial bodily injury" means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ.]

["Serious bodily injury" means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death.]

Reference: Utah Code § 76-1-601

[“Dangerous weapon” means:

1. any item capable of causing death or serious bodily injury; or
2. a facsimile or representation of the item, if:
   1. (DEFENDANT’S NAME)’s use or apparent intended use of the item leads (VICTIM’S NAME) to reasonably believe the item is likely to cause death or serious bodily injury; or
   2. (DEFENDANT’S NAME) represents to (VICTIM’S NAME) verbally or in any other manner that [he][she] is in control of such an item.]

Reference: Utah Code § 76-1-601

[“Military servicemember in uniform” means:

1. a member of any branch of the United States military who is wearing a uniform as authorized by the member’s branch of service; or
2. a member of the National Guard [ordered into active service by the governor][called into service by the President of the United States].]

Reference: Utah Code §§ 76-5-102.4(1)(b), 39-1-5, and 39-1-9

[“Peace officer” means:

1. a law enforcement officer, defined as [insert appropriate definition under Section 53-13-103];
2. a correctional officer, defined as [insert appropriate definition under Section 53-13-104];
3. a special function officer, defined as [insert appropriate definition under Section 53-13-105]; or
4. a federal officer, defined as [insert appropriate definition under Section 53-13-106].]

Reference: Utah Code § 76-5-102.4(1)(c)

[“Targeting a law enforcement officer” means the commission of any offense involving the unlawful use of force and violence against a law enforcement officer, causing serious bodily injury or death in furtherance of political or social objectives in order to intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government.]

Reference: Utah Code § 76-5-210

References

Amended Dates:

CR1302 Misdemeanor Assaults

(DEFENDANT'S NAME) is charged [in Count ____] with committing Assault [against a Pregnant Person][that Caused Substantial Bodily Injury] [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:

1. (DEFENDANT’S NAME);
2. Intentionally, knowingly, or recklessly
   1. attempted, with unlawful force or violence, to do bodily injury to (VICTIM’S NAME); or
   2. committed an act with unlawful force or violence that
      1. caused bodily injury to (VICTIM’S NAME); or
      2. created a substantial risk of bodily injury to (VICTIM’S NAME).
3. [The act caused substantial bodily injury to (VICTIM’S NAME).]
4. [(VICTIM’S NAME) was pregnant, and (DEFENDANT’S NAME) had knowledge of the pregnancy.]
5. [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.

References

Committee Notes

In cases involving domestic violence, practitioners should include a special verdict form (SVF1331) and instructions defining cohabitant (CR1330 and CR1331).

Utah appellate courts have not decided whether the cohabitant relationship between the defendant and the alleged victim is an element of the offense requiring proof of an associated mens rea (intentional, knowing, or reckless). Practitioners should review State v. Barela, 2015 UT 22.

Amended Dates:

CR1303 Assault Against School Employees

(DEFENDANT'S NAME) is charged [in Count ____] with committing Assault Against a School Employee [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:

1. (DEFENDANT’S NAME);
2. Knowing that (VICTIM’S NAME) was an employee or volunteer of a public or private school;
3. Intentionally, knowingly, or recklessly
   1. [attempted, with unlawful force or violence, to do bodily injury to (VICTIM’S NAME); or]
   2. [committed an act with unlawful force or violence that
      1. caused bodily injury to (VICTIM’S NAME); or
      2. created a substantial risk of bodily injury to (VICTIM’S NAME); or]
   3. [threatened to commit any offense involving bodily injury, death, or substantial property damage, and acted with intent to place (VICTIM’S NAME) in fear of imminent serious bodily injury, substantial bodily injury, or death; or]
   4. [made a threat, accompanied by a show of immediate force or violence, to do bodily injury to (VICTIM’S NAME);]
4. (VICTIM’S NAME) was acting within the scope of (his)(her) authority as an employee or volunteer of a public or private school; and
5. [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.

References

Amended Dates:

CR1304 Assault Against a Peace Officer

(DEFENDANT'S NAME) is charged [in Count ____] with committing Assault Against a Peace Officer [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:

1. (DEFENDANT’S NAME);
2. Knowing that (VICTIM’S NAME) was a peace officer;
3. Intentionally, knowingly, or recklessly
   1. [attempted, with unlawful force or violence, to do bodily injury to (VICTIM’S NAME); or]
   2. [committed an act with unlawful force or violence that
      1. caused bodily injury to (VICTIM’S NAME); or
      2. created a substantial risk of bodily injury to (VICTIM’S NAME); or]
   3. [threatened to commit any offense involving bodily injury, death, or substantial property damage, and acted with intent to place (VICTIM’S NAME) in fear of imminent serious bodily injury, substantial bodily injury, or death; or]
   4. [made a threat, accompanied by a show of immediate force or violence, to do bodily injury to (VICTIM’S NAME);]
4. [(DEFENDANT’S NAME):
   1. [has been previously convicted of a class A misdemeanor or a felony violation of Assault Against a Peace Officer or Assault Against a Military Servicemember in Uniform;]
   2. [caused substantial bodily injury;]
   3. [used a dangerous weapon; or]
   4. [used means or force likely to produce death or serious bodily injury]]
5. (VICTIM’S NAME) was acting within the scope of (his)(her) authority as a peace officer; and
6. [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.

References

Committee Notes

If the case requires instruction on more than one subpart under element 4, practitioners are advised to use separate elements instructions or a special verdict form (SVF1301), as these subparts result in different levels of offense.

Depending on the facts of the case, practitioners should carefully consider removing element 4.a. from this elements instruction and instead use a special verdict form in a bifurcated proceeding.

Amended Dates:

CR1305 Assault Against a Military Servicemember in Uniform

(DEFENDANT'S NAME) is charged [in Count ____] with committing Assault Against a Military Servicemember in Uniform [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:

1. (DEFENDANT’S NAME);
2. Intentionally, knowingly, or recklessly
   1. [attempted, with unlawful force or violence, to do bodily injury to (VICTIM’S NAME); or]
   2. [committed an act with unlawful force or violence that
      1. caused bodily injury to (VICTIM’S NAME); or
      2. created a substantial risk of bodily injury to (VICTIM’S NAME); or]
   3. [threatened to commit any offense involving bodily injury, death, or substantial property damage, and acted with intent to place (VICTIM’S NAME) in fear of imminent serious bodily injury, substantial bodily injury, or death; or]
   4. [made a threat, accompanied by a show of immediate force or violence, to do bodily injury to (VICTIM’S NAME);]
3. [(DEFENDANT’S NAME):
   1. [has been previously convicted of a class A misdemeanor or a felony violation of Assault Against a Peace Officer or Assault Against a Military Servicemember in Uniform;]
   2. [caused substantial bodily injury;]
   3. [used a dangerous weapon; or]
   4. [used means or force likely to produce death or serious bodily injury]]
4. (VICTIM’S NAME) was on orders and acting within the scope of authority granted to the military servicemember in uniform; and
5. [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.

References

Committee Notes

If the case requires instruction on more than one subpart under element 3, practitioners are advised to use separate elements instructions or a special verdict form (SVF1301), as these subparts result in different levels of offense.

Depending on the facts of the case, practitioners should carefully consider removing element 3.a. from this elements instruction and instead use a special verdict form in a bifurcated proceeding.

Amended Dates:

CR1306 Assault by Prisoner

(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:

1. (DEFENDANT’S NAME);
2. Intending to cause bodily injury;
3. Intentionally, knowingly, or recklessly
   1. attempted, with unlawful force or violence, to do bodily injury to (VICTIM’S NAME); or
   2. committed an act with unlawful force or violence that
      1. caused bodily injury to (VICTIM’S NAME); or
      2. created a substantial risk of bodily injury to (VICTIM’S NAME); and
4. At the time of the act (DEFENDANT’S NAME) was
   1. in the custody of a peace officer pursuant to a lawful arrest; or
   2. 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
5. [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.

References

Amended Dates:

CR1320 Aggravated Assault

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

1. (DEFENDANT’S NAME) intentionally, knowingly, or recklessly
   1. attempted, with unlawful force or violence, to do bodily injury to (VICTIM’S NAME); or
   2. made a threat, accompanied by a show of immediate force or violence, to do bodily injury to (VICTIM’S NAME); or
   3. committed an act with unlawful force or violence that
      1. caused bodily injury to (VICTIM’S NAME); or
      2. created a substantial risk of bodily injury to (VICTIM’S NAME); and
2. (DEFENDANT’S NAME) intentionally, knowingly, or recklessly
   1. [used a dangerous weapon; or]
   2. [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:
      1. applying pressure to the neck or throat of (VICTIM’S NAME); or
      2. obstructing the nose, mouth, or airway of (VICTIM’S NAME); or]
   3. [used other means or force likely to produce death or serious bodily injury]; and
3. [(DEFENDANT’S NAME)'s actions
   1. [resulted in serious bodily injury; or]
   2. [produced a loss of consciousness by impeding the breathing or circulation of blood of (VICTIM’S NAME).]]
4. [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.

References

Committee Notes

In cases involving domestic violence, practitioners should include a special verdict form (SVF1331) and instructions defining cohabitant (CR1330 and CR1331).

Utah appellate courts have not decided whether the cohabitant relationship between the defendant and the alleged victim is an element of the offense requiring proof of an associated mens rea (intentional, knowing, or reckless). Practitioners should review State v. Barela, 2015 UT 22.

When relevant to the facts of the case, this instruction should be used in connection with CR1322 (Aggravated Assault - Targeting a Law Enforcement Officer - Special Verdict Instructions) and SVF 1302 (Aggravated Assault - Targeting a Law Enforcement Officer).

Amended Dates:

CR1321 Aggravated Assault by Prisoner

(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:

1. (DEFENDANT’S NAME);
2. Intentionally, knowingly, or recklessly
   1. attempted, with unlawful force or violence, to do bodily injury to (VICTIM’S NAME); or
   2. made a threat, accompanied by a show of immediate force or violence, to do bodily injury to (VICTIM’S NAME); or
   3. committed an act with unlawful force or violence that
      1. caused bodily injury to (VICTIM’S NAME); or
      2. created a substantial risk of bodily injury to (VICTIM’S NAME); and
3. (DEFENDANT’S NAME)
   1. [used a dangerous weapon; or]
   2. [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:
      1. applying pressure to the neck or throat of (VICTIM’S NAME); or
      2. obstructing the nose, mouth, or airway of (VICTIM’S NAME); or]
   3. [used other means or force likely to produce death or serious bodily injury]; and
4. [(DEFENDANT’S NAME) intentionally caused serious bodily injury];
5. At the time of the act (DEFENDANT’S NAME) was
   1. in the custody of a peace officer pursuant to a lawful arrest; or
   2. was confined in a [jail or other penal institution][facility used for confinement of delinquent juveniles] regardless of whether the confinement is legal; and
6. [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.

References

Amended Dates:

CR1322 Aggravated Assault - Targeting a Law Enforcement Officer – Special Verdict Instructions

If you find (DEFENDANT’S NAME) guilty of Aggravated Assault, you must determine whether (DEFENDANT'S NAME) Targeted a Law Enforcement Officer at the time of this offense. To find (DEFENDANT’S NAME) Targeted a Law Enforcement Officer, you must find all three elements below beyond a reasonable doubt:

1. the aggravated assault resulted in serious bodily injury;
2. the defendant knowingly used force against a law enforcement officer; and
3. the defendant’s use of force was in furtherance of political or social objectives in order to intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government.

The State must prove beyond a reasonable doubt that (DEFENDANT'S NAME) Targeted a Law Enforcement Officer. Your decision must be unanimous and should be reflected on the special verdict form.

References

Committee Notes

When relevant to the facts of the case, this instruction should be used in connection with CR1320 (Aggravated Assault) and SVF 1302 (Aggravated Assault - Targeting a Law Enforcement Officer).

Amended Dates:

CR1330 Domestic Violence - Special Verdict Definitions

“Reside” means to dwell permanently or for a length of time; to have a settled abode for a time; to dwell permanently or continuously.

“Residence” is defined as “a temporary or permanent dwelling place, abode, or habitation to which one intends to return as distinguished from a place of temporary sojourn or transient visit.” It does not require an intention to make the place one’s home. It is possible that a person may have more than one residence at a time.

When determining whether (DEFENDANT’S NAME) and (VICTIM’S NAME) resided in the same residence, factors to consider include the following:

• the amount of time one spends at the shared abode and the amount of effort expended in its upkeep;
• whether a person is free to come and go as he pleases, treating the place as if it were his own home;
• whether there has been a sharing of living expenses or sharing of financial obligations for the maintenance of a household;
• whether there has been sexual contact evidencing a conjugal association;
• whether furniture or personal items have been moved into a purported residence;
• voting, owning property, paying taxes, having family in the area, maintaining a mailing address, being born or raised in the area, working or operating a business, and having children attend school in the forum.

In deciding whether (DEFENDANT’S NAME) and (VICTIM’S NAME) were residing in the same residence, you are not limited to the factors listed above, but you may also apply the common, ordinary meaning of the definition to all of the facts and circumstances of this case.

References

Amended Dates:

CR1331 Domestic Violence - Special Verdict Instructions

If you find (DEFENDANT’S NAME) guilty of [CRIME], you must determine whether (DEFENDANT'S NAME) and (VICTIM’S NAME) were cohabitants at the time of this offense. To find (DEFENDANT’S NAME) was a cohabitant with (VICTIM’S NAME), you must find beyond a reasonable doubt, that (DEFENDANT’S NAME) and (VICTIM’S NAME) were 16 years of age or older, and at the time of the offense, (DEFENDANT’S NAME):

• [Is or was a spouse of (VICTIM’S NAME);]
• [Is or was living as if a spouse of (VICTIM’S NAME);]
• [Is related by blood or marriage to (VICTIM’S NAME) as (VICTIM’S NAME)'s parent, grandparent, sibling, or any other person related to (VICTIM’S NAME) by consanguinity or affinity to the second degree;]
• [Has or had one or more children in common with (VICTIM’S NAME);]
• [Is the biological parent of (VICTIM’S NAME)'s unborn child;]
• [Resides or has resided in the same residence as (VICTIM’S NAME);] or
• [Is or was in a consensual sexual relationship with (VICTIM’S NAME)].

The State must prove beyond a reasonable doubt that (DEFENDANT'S NAME) and (VICTIM’S NAME) were cohabitants at the time of this offense. Your decision must be unanimous and should be reflected on the special verdict form.

References

Amended Dates: