• 2008 - Aggravated Assault (Use of Dangerous Weapon)
  • K-8.02
    • Assault
    • Firearms
    • Serious Bodily Injury
    • Weapons
    • Other Personal Crimes
    • Other Personal Crimes

  • A person who knowingly causes [substantial] bodily injury to another human being, by means of a dangerous weapon or other weapon, the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury, 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, _______________, knowingly caused [substantial] bodily injury to _______________, another human being, by means of a dangerous weapon or other weapon; and

     

    2) The Defendant's possession of the weapon under the circumstances indicated an intent or readiness to inflict serious bodily injury.

     

    [3) [The victim, _______________, is under the age of twelve years][The victim, ___________________, suffered permanent loss or impairment of the function of a bodily member or organ].]

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-1-04, 12.1-02-02.]


    *****

    • 12.1-01-04(27)
    • State v. Mathre, 1999 ND 224, 603 N.W.2d 173
  • 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.