IN IJA 3.1200. Battery (on Another Person–Class B Misdemeanor).


State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 3 OFFENSES AGAINST THE PERSON

Instruction No. 3.1200. Battery (on Another Person–Class B Misdemeanor).


I.C. 35-42-2-1.

The crime of battery is defined by law as follows:

A person who knowingly or intentionally [touches another person in a rude, insolent, or angry manner] [in a rude, insolent, or angry manner places any bodily fluid or waste on another person] commits battery, a Class B misdemeanor.

[The offense is a Class A misdemeanor if it results in bodily injury.]

[The offense is a Level 6 felony if (it results in moderate bodily injury) (the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with {hepatitis} {tuberculosis} {human immunodeficiency virus}.]

[The offense is a Level 5 felony if (it is committed with a deadly weapon) (it results in bodily injury to a pregnant woman if the person knew of the pregnancy).]

Before you may convict the Defendant, the State must have proved each of the following beyond a reasonable doubt:

1. The Defendant

2. knowingly or intentionally

3. [touched (name), another person]

[or]

[placed bodily fluid or waste on (name), another person]

4. in a rude, insolent, or angry manner

[5. (for Class A misdemeanor) which resulted in bodily injury to (name), another person.]

[6. (for Level 6 felony) (which resulted in moderate bodily injury)

(or)

(and the Defendant [knew] [recklessly failed to know] that the bodily fluid or waste placed on [name], another person, was infected with [hepatitis] [tuberculosis] [human immunodeficiency virus].)]

[7. (for Level 5 felony) (and the offense was committed with a deadly weapon)

(or)

(which resulted in bodily injury to [name], a woman who was then pregnant and the Defendant knew of the pregnancy).]

If the State failed to prove each of these elements beyond a reasonable doubt, you must find the Defendant not guilty of battery, a (Class B/A misdemeanor) (Level 6/5 felony), charged in Count ____________.