Icji 1214 attempted strangulation instruction no




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ICJI 1214 ATTEMPTED STRANGULATION
INSTRUCTION NO.
In order for the defendant to be guilty of Attempted Strangulation, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] [choked] [or] [attempted to strangle],

4. [name of victim]

5. willfully and unlawfully, and



6. [name of victim] was [a household member at the time of the offense] [or] [a person with whom [name of defendant] had a dating relationship, either at the time of the offense or at a previous time].
If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.
[Persons are "household members" if they [are married to each other] [were previously married to each other] [have a child in common, regardless of whether they have been married] [are cohabitating, regardless of whether they have married or hold themselves out as husband and wife].]
[“Dating relationship” is a social relationship of a romantic nature. Factors that you may consider in making this determination include: (1) the nature of the relationship; (2) the length of time the relationship has existed; and (3) the frequency of interaction between the persons.]
The state is not required to show that the defendant intended to kill or injure the victim. The only intent required is the intent to choke or attempt to strangle.

Comment
I.C. § 18–923; I.C. §§ 18-918, 39-6303.


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