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Criminal Jury Instructions

Criminal Jury Instructions Home

6.1-17  Assault of an Employee of the Department of Correction in the First Degree -- 53a-59b

Revised to April 23, 2010

The defendant is charged [in count __] with assaulting an employee of the department of correction.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of assault of an employee of the department of correction in the first degree when (he/she) is (in the custody of the commissioner of correction / confined in any institution or facility of the department of correction) and commits assault in the first degree on an employee of the department of correction acting in the performance of (his/her) duties.

For you to find the defendant guilty of this crime, the state must prove the following elements beyond a reasonable doubt: 

Element 1 - Committed assault in the first degree
The first element is that the defendant committed the crime of assault in the first degree.  <Insert elements from the instruction for the underlying crime:

Element 2 - DOC employee
The second element is that the person assaulted was an employee of the department of correction acting in the performance of (his/her) duties.  The phrase "in the performance of (his/her) duties" means that the person is acting within the scope of what (he/she) was employed to do
, and that (his/her) conduct was related to (his/her) official duties. The question of whether (he/she) was acting in good faith in the performance of (his/her) duties is a factual question for you to determine on the basis of the evidence in the case. <Summarize evidence if appropriate.>

<See commentary in Instruction 4.3-1 concerning interfering with an officer for additional analysis if necessary. >

Element 3 - Defendant in custody or confined
The third element is that at the time of the assault the defendant was (in the custody of the commissioner of correction / confined in any institution or facility of the department of correction).  The term "in the custody of" means that the defendant is subject to restraint by the commissioner of correction by virtue of a court order.  [A person who is on parole is still considered to be in the custody of the commissioner of correction.]

Conclusion

In summary, the state must prove beyond a reasonable doubt that <insert the concluding summary from the instruction for the underlying crime>, and that at the time of the assault <insert name of complainant> was an employee of the department of correction acting in the performance of (his/her) duties and the defendant was (in the custody of the commissioner of correction / confined in any institution or facility of the department of correction).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of assault on an employee of the department of correction, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
 


 

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