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CR300 Elements and Definitions.

CR301 Elements.

(DEFENDANT'S NAME) is charged [in Count ____] with committing (CRIME) [on or about (DATE)]. You cannot convict [him] [her] of this offense unless, based on the evidence, you find beyond a reasonable doubt each of the following elements:

(DEFENDANT'S NAME);
ELEMENT ONE...;
ELEMENT TWO...;
[That the defense of _____________ does not apply.]

After you carefully consider all the evidence in this case, if you are convinced that each and every element has been proven beyond a reasonable doubt, then you must find the defendant GUILTY. On the other hand, if you are not convinced that each and every element has been proven beyond a reasonable doubt, then you must find the defendant NOT GUILTY.

Committee Notes

This is a pattern elements instruction that can apply in most cases. If the date or the location of a crime could be considered an element of the offense, it should be included within the list of elements. In some circumstances, identifying the specific counts might help the jury sort through offenses with similar elements. In those circumstances, the specific counts should be identified in the first paragraph.

With respect to the bracketed defense element, unless the statute directs otherwise, the trial court should instruct the jury that the State has the burden to disprove an affirmative, partial, or justification defense beyond a reasonable doubt.

Committee Amended

December 2013.

CR302A Intentional as to Conduct or as to Result.

A person acts ["intentionally"] ["willfully"] ["with intent"] when [his][her] conscious objective is to:

engage in certain conduct; or
cause a certain result.

References

Utah Code sect. 76-2-103(1).

Committee Notes

Some crimes or elements within a crime with a mens rea of "intentionally" require that the defendant intentionally engages in conduct, while others require that the defendant intentionally causes a result. Jurors must be specifically instructed as to the definition of "intentionally" which applies to the crime(s) or element(s) they are considering. If the jury is considering more than one count with a mens rea of "intentionally," and if a single definition does not cover all counts, then the jury must be instructed as to which definition applies to each count.

Committee Amended

January 2014.

CR302B Intentional as to the Result.

A person acts ["intentionally"] ["willfully"] ["with intent"] when [his][her] conscious objective is to cause a certain result.

References

Utah Code sect. 76-2-103(1).

Committee Notes

This instruction should be used when intentionality goes to the result of one's conduct rather than just to the conduct itself. See, e.g., Utah Code §§ 76-5-203(2)(a), murder; 76-5-109(2)(a), child abuse; and 76-5-301, kidnapping.

Committee Amended

January 2014.

CR302C Intentional as to Conduct.

A person acts ["intentionally"] ["willfully"] ["with intent"] when [his][her] conscious objective is to engage in certain conduct.

"Conduct means either an act or an omission.

References

Utah Code sect. 76-2-103(1).

Committee Notes

This instruction should be used when intentionality goes to one's conduct rather than to the result of one's conduct. See, e.g., Utah Code §§ 76-5-209, homicide by assault; 76-6-106(2)(b), criminal mischief (variation); and 58-37-8(2)(g) having a measurable amount of controlled substance in system and driving negligently, thereby causing serious bodily injury or death.

An example of an offense in which the conduct is an omission rather than an act is failure to report child abuse under Utah Code § 62A-4a-411.

Committee Amended

January 2014.

CR303A Knowledge as to Conduct or as to Result.

A person acts ["knowingly"] ["with knowledge"] when the person:

is aware of the nature of [his][her] conduct; or
is aware of the particular circumstances surrounding [his] [her] conduct; or
is aware that [his] [her] conduct is reasonably certain to cause a particular result.

"Conduct" means either an act or an omission.

References

Utah Code sect. 76-2-103(2).
State v. Graham, 2006 UT 43, para.20, 143 P.3d 268.
Gardner v. Galetka, 2004 UT 42, para.3, 94 P.3d 263.

Committee Notes

Some crimes with a mens rea of "knowingly" require that the defendant knowingly engages in conduct, while others require that the defendant knowingly causes a result. Jurors must be specifically instructed as to the definition of "knowingly" which applies to the crime(s) or element(s) they are considering. If the jury is considering more than one count with a mens rea of "knowingly," and if a single definition does not cover all counts, the jury must be instructed as to which definition applies to each count.

Committee Amended

January 2014.

CR303B Knowledge as to Result.

A person acts ["knowingly"] ["with knowledge"] when the person is aware that [his] [her] conduct is reasonably certain to cause a particular result.

"Conduct" means either an act or an omission.

References

Utah Code sect. 76-2-103(2).
State v. Graham, 2006 UT 43, para.20, 143 P.3d 268.
Gardner v. Galetka, 2004 UT 42, para.3, 94 P.3d 263.

Committee Notes

This instruction should be given for crimes in which the element of the defendant's knowledge goes to the result of his or her conduct. See, e.g., Utah Code §§ 76-5-203(2)(a), murder; 76-5-109(2)(a), child abuse; and 76-5-301, kidnapping.

The committee recognizes that this is not verbatim the instruction discussed by the Utah Supreme Court in Gardner v. Galetka, 2004 UT 42, 94 P.3d 263, but it feels this instruction adequately and more directly addresses the concept for crimes that require that the defendant knowingly cause a result. The committee also feels that it is inherent in the concept of knowingly causing a result that a defendant is aware of the nature of his conduct or the existing circumstances.

Committee Amended

September 2015.

CR303C Knowledge as to Conduct or Circumstances Surrounding Conduct.

A person acts ["knowingly"] ["with knowledge"] when the person is aware of the nature of [his] [her] conduct, or is aware of the particular circumstances surrounding [his][her] conduct.

"Conduct" means either an act or an omission.

References

Utah Code sect. 76-2-103(2).
State v. Graham, 2006 UT 43, para.20, 143 P.3d 268.

Committee Notes

This instruction should be given for crimes in which the element of knowledge goes to one's conduct or to the circumstances surrounding one's conduct, rather than to the result of one's conduct. See, e.g., State v. Fontana, 680 P.2d 1042 (Utah 1984) (holding that the element of knowledge for purposes of depraved indifference murder, "refers to the nature of the actor's conduct or to the circumstances surrounding it, or both; it does not refer to the result produced by that conduct").

Since this instruction applies to crimes in which the element of knowledge goes to one's conduct or the circumstances surrounding one's conduct, rather than to the result of one's conduct, Gardner v. Galetka, 2004 UT 42, 94 P.3d 263, is inapplicable.

Committee Amended

January 2014.

CR304A Reckless as to Circumstances Surrounding Conduct or as to Result.

A person acts "recklessly" when [he][she] is aware of a substantial and unjustifiable risk that:

certain circumstances exist relating to [his] [her] conduct, but [he] [she] consciously disregards the risk and acts anyway; or
[his] [her] conduct will cause a particular result, but [he] [she] consciously disregards the risk and acts anyway.

The nature and extent of the risk must be of such a magnitude that disregarding it is a gross deviation from what an ordinary person would do in that situation.

"Conduct" means either an act or an omission.

References

Utah Code sect. 76-2-103(3).

Committee Notes

Some crimes or elements with a mens rea of "recklessly" require that the defendant recklessly engages in conduct, while others require that the defendant recklessly causes a result. Jurors must be specifically instructed as to the definition of "recklessly" which applies to the crime(s) or element(s) they are considering. If the jury is considering more than one count with a mens rea of "recklessly," and if a single definition does not cover all counts, then the jury must be instructed as to which definition applies to each count.

Committee Amended

September 2015.

CR304B Reckless as to Result.

A person acts "recklessly" when [he][she] is aware of a substantial and unjustifiable risk that [his] [her] conduct will cause a particular result, but [he] [she] consciously disregards the risk and acts anyway.

The nature and extent of the risk must be of such a magnitude that disregarding it is a gross deviation from what an ordinary person would do in that situation.

"Conduct" means either an act or an omission.

References

Utah Code sect. 76-2-103(3).

Committee Notes

This instruction should be given for crimes in which the element of the defendant's recklessness goes to the result of his or her conduct. See, e.g., Utah Code §§ 76-5-203(2)(a), murder; 76-5-109(2)(a), child abuse; and 76-5-301, kidnapping.

Committee Amended

September 2015.

CR304C Reckless as to Circumstances Surrounding Conduct.

A person acts "recklessly" when [he] [she] is aware of a substantial and unjustifiable risk that certain circumstances exist relating to [his] [her] conduct, but [he] [she] consciously disregards the risk and acts anyway.

The nature and extent of the risk must be of such a magnitude that disregarding it is a gross deviation from what an ordinary person would do in that situation.

"Conduct" means either an act or an omission.

References

Utah Code sect. 76-2-103(3).

Committee Notes

This instruction should be given for crimes in which the element of recklessness goes to one's conduct or to the circumstances surrounding one's conduct, rather than to the result of one's conduct.

Committee Amended

September 2015.

CR305 Simple Negligence.

Simple negligence means failing to exercise that degree of care which reasonable and prudent persons exercise under like or similar circumstances.

References

State v. Haltom, 2007 UT 22, para.8, 156 P.3d 792.
Meese v. Brigham Young Univ., 639 P.2d 720, 723 (Utah 1981).

Committee Notes

This instruction will be used in only very limited criminal prosecutions, such as Utah Code Ann. §§ 76-5-207(2)(c), Automobile Homicide, or 76-10-1206, Dealing in Material Harmful to a Minor; see also State v. Haltom, 2007 UT 22. Although the Committee is only aware of these two statutes, caution should be exercised to ensure the appropriate mental state instruction is used in criminal cases where negligence is asserted.

CR306A Criminal Negligence as to Result of Conduct.

A person acts with criminal negligence when (he)(she) should be aware that (his)(her) conduct creates a substantial and unjustifiable risk that a particular result will occur.

The nature and extent of the risk must be of such a magnitude that failing to perceive it is a gross deviation from what an ordinary person would perceive in that situation.

"Conduct" means either an act or an omission.

References

Utah Code Ann. sect. 76-2-103(4).

Committee Notes

The Committee has created CR 305, a Simple Negligence instruction. That instruction will be used in rare circumstances. In most cases, either this instruction or CR 306B, Criminal Negligence as to Circumstances Surrounding Conduct, will be used.

CR306B Criminal Negligence as to Circumstances Surrounding Conduct.

A person acts with criminal negligence when (he)(she) should be aware of a substantial and unjustifiable risk that certain circumstances exist relating to (his)(her) conduct.

The nature and extent of the risk must be of such a magnitude that failing to perceive it is a gross deviation from what an ordinary person would perceive in that situation.

"Conduct" means either an act or an omission.

References

Utah Code Ann. sect. 76-2-103(4).

Committee Notes

The Committee has created CR 305, a Simple Negligence instruction. That instruction will used in rare circumstances. In most cases, either this instruction or CR 306A, Criminal Negligence as to Result of Conduct, will be used.

CR307 Comparing Recklessness with Criminal Negligence.

The concepts of "recklessness" and "criminal negligence" are similar in that both require the presence of a substantial and unjustifiable risk. They differ in that it is reckless to act if one is aware of the risk, while it is criminally negligent to act if one should be aware of the risk. In either event, the behavior must be a gross deviation from what an ordinary person would do under the same circumstances.

References

Utah Code Ann. sect. 76-2-103(3).
Utah Code Ann. sect. 76-2-103(4).

CR308 Usual and Ordinary Meanings Instruction.

Unless these instructions give a definition, you should give all words their usual and ordinary meanings.