|ICJI 1207 AGGRAVATED BATTERY
In order for the defendant to be guilty of Aggravated Battery, the state must prove each of the following:
1. On or about [date]
2. in the state of Idaho
3. the defendant [name] committed a battery upon [name of victim], [who was a pregnant female],
4. by [description of conduct alleged in the charging document], and
5. when doing so the defendant [caused great bodily harm, permanent disability, or permanent disfigurement] [or] [used a deadly weapon or instrument] [or] [used any vitriol, corrosive acid, or a caustic chemical of any nature] [or] [used any poison or other noxious or destructive substance or liquid] [or] [caused great bodily harm, permanent disability, or permanent disfigurement to an embryo or fetus].
If any of the above has not been proven beyond a reasonable doubt, then you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, you must find the defendant guilty.
I.C. § 18–907. State v. Clark, 115 Idaho 1056, 772 P.2d 263 (Ct. App. 1989). The committee recommends that the phrase "great bodily injury" not be defined. "The irresistible impulse to define words of ordinary English is unfortunately pervasive. It should be curbed." People v. Kimbrel, 174 Cal.Rptr. 816, 819 (Ct. App. Cal. 1981).
Use of a deadly weapon to intimidate the victim to endure physical contact which she otherwise would have resisted or attempted to evade fits the definition of “use of a deadly weapon”. State v. Cates, 117 Idaho 90, 785 P.2d 654 (Ct. App. 1989).
The charging document apprises the defendant in general terms of the manner in which he is alleged to have committed the crime charged. If there is evidence of other uncharged conduct by the defendant which could also fit within the statutory definition of the crime charged and if the jury is merely instructed regarding the statutory definition of the crime, the defendant may be denied due process by being convicted for a crime different from that charged. State v. Sherrod, 131 Idaho 56, 951 P.2d 1283 (Ct. App. 1998). Therefore, in that circumstance the jury instruction should include, in general terms, the description of the conduct alleged in the charging document to constitute the crime charged.
For a definition of "battery", see ICJI 1203.