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 ____________.