[If you find the Defendant not guilty of the crime of Aggravated Assault, then you must consider whether the Defendant is guilty of the crime of Simple Assault, an offense that is necessarily included in the offense charged.]

[A person who negligently causes bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which is likely to cause death or serious bodily injury is guilty of Simple Assault.

[A person who negligently causes bodily injury to a [peace officer] [correctional institution employee] by means of a firearm, destructive device, or other weapon, the use of which is likely to cause death or serious bodily harm, while knowing that the victim was a [peace officer] [correctional institution employee] acting in his/her official capacity is guilty of Simple Assault.]

ESSENTIAL ELEMENTS OF INCLUDED 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 [substantial] bodily injury to _______________, another human being; and

2) The injury was caused negligently by the Defendant by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury[.] [; and]

[3) The Defendant knew the victim was a [peace officer] [correctional institution employee] acting in official capacity.]

DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]

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