Model Jury Instructions
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Home > Manual of Model Criminal Jury Instructions > 8. Assault and Threat Offenses > 8.4 Assault with Intent to Commit Murder or Other Felony (18 U.S.C. §§ 113(a)(1), (2))

8.4 Assault with Intent to Commit Murder or Other Felony (18 U.S.C. §§ 113(a)(1), (2))

8.4 Assault with Intent to Commit Murder or Other Felony
(18 U.S.C. §§ 113(a)(1), (2)) 

            The defendant is charged in [Count _______ of] the indictment with assault with intent to commit [specify felony] in violation of Section 113(a)[(1)][(2)] of Title 18 of the United States Code.  For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

            First, the defendant assaulted [name of victim] by intentionally [[striking] [wounding]] [[him] [her]] [using a display of force that reasonably caused [him] [her] to fear immediate bodily harm];

            Second, the defendant did so with the intent to commit [specify felony]; and

            Third, the assault took place on [specify place of federal jurisdiction].

Comment

            Assaults proscribed by 18 U.S.C. § 113 are those committed “within the special maritime and territorial jurisdiction of the United States.”  See 18 U.S.C. § 7 for the definition of “special maritime and territorial jurisdiction of the United States.”

            When the assault consists of a display of force, it must actually cause reasonable apprehension of immediate bodily harm; fear is a necessary element.  United States v. Skeet, 665 F.2d 983, 986 n.1 (9th Cir. 1982).

            Assault with intent to commit murder is a specific intent crime.  United States v. Jones, 681 F.2d 610, 611 (9th Cir. 1982).

Revised Sept. 2016 

File 8.4_criminal_rev_3_2022.docx [1]

Source URL: https://www.ce9.uscourts.gov/jury-instructions/node/922

Links
[1] https://www.ce9.uscourts.gov/jury-instructions/sites/default/files/_WPD/8.4_criminal_rev_3_2022_0.docx