• 2010 - Aggravated Assault (Willful Conduct)
  • K-8.01
    • Assault
    • Bodily Injury
    • Serious Bodily Injury
    • Other Personal Crimes
    • Other Personal Crimes

  • A person who willfully causes serious bodily injury to another human being is guilty of Aggravated Assault.

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, ____________, caused serious bodily injury to ______________, another human being, as follows: _____________; and

     

    2) The Defendant willfully engaged in the conduct causing the injury[.] [; and]

     

    [3) [_____________ was under the age of twelve years] [____________ suffered permanent loss or impairment of the function of a bodily member or organ].]

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.] A “serious bodily injury” is defined as “bodily injury that creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of the function of any bodily member or organ, a bone fracture, or impediment of air flow or blood flow to the brain or lungs.” NDCC 12.1-01-04(29).


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    • State v. Anderson, 480 NW2d 727 (ND 1992)
    • State v. Olander, 1998 ND 50, 575 NW2d 658
    • State v. Saulter, 2009 ND 78, 764 NW2d 430
  • Notes: If the evidence warrants an instruction on self-defense, the accused is entitled to an instruction to the Jury that the State must prove beyond a reasonable doubt that the accused did not act in self-defense as an additional element of the offense. State v. Olander, 1998 ND 50, 575 NW2d 658. See K - 3.01, Additional Element of Offense - Nonexistence of Defense. Included in the offense of willfully causing serious bodily injury is the act of strangulation, or the “impairment of airflow or blood flow to the brain or lungs.” State v. Saulter, 2009 ND 78, 764 NW2d 430.