IN IJA 3.2100. Criminal Recklessness.
State: Indiana
Indiana Judges Association (IJA) (2017)
CHAPTER 3 OFFENSES AGAINST THE PERSON
Instruction No. 3.2100. Criminal Recklessness.
I.C. 35-42-2-2. I.C. 9-13-2-1.7. I.C. 9-21-8-55.
The crime of criminal recklessness is defined by law as follows:
A person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another commits criminal recklessness, a Class B misdemeanor.
[The offense is a Level 6 felony if it is committed while armed with a deadly weapon.]
[The offense is a Level 6 felony if the person commits aggressive driving that results in serious bodily injury to another person.]
[The offense is a Level 5 felony if it is committed by shooting a firearm from a vehicle into an inhabited dwelling or other building or place where people are likely to gather.]
[The offense is a Level 5 felony if the the person commits aggressive driving that results in the death of another person.]
Before you may convict the Defendant, the State must have proved each of the following beyond a reasonable doubt:
1. The Defendant
2. recklessly, knowingly, or intentionally
3. performed an act that created a substantial risk of bodily injury
[4. (for Level 6 felony) (and the Defendant performed the act while armed with a deadly weapon)
(or)
(for Level 5 felony) (and the act was committed by shooting a firearm into an inhabited dwelling or other building or place where people were likely to gather)]
[or]
[4. and the Defendant committed aggressive driving by
(a) (knowingly) (intentionally) committing at least three of the following:
(1) Following a vehicle too closely in violation of I.C. 9-21-8-14;
(2) Unsafe operation of a vehicle in violation of I.C. 9-21-8-24;
(3) Overtaking another vehicle on the right by driving off the
roadway in violation of I.C. 9-21-8-6;
(4) Unsafe stopping or slowing a vehicle in violation of I.C. 9-21-8-26;
(5) Unnecessary sounding of the horn in violation of I.C. 9-19-5-2;
(6) Failure to yield in violation of I.C. 9-21-8-29 through I.C. 9-21-8-34;
(7) Failure to obey a traffic control device in violation of I.C. 9-21-8-41;
(8) Driving at an unsafe speed in violation of I.C. 9-21-5;
(9) Repeatedly flashing the vehicle’s headlights;
(b) during one (1) episode of continuous driving of a vehicle
(c) with the intent to harass or intimidate (name person), a person in another vehicle
and
(for Level 6 felony) (the aggressive driving resulted in serious bodily injury to (name person), another person)
(for Level 5 felony) ) (the aggressive driving resulted in the death of (name person), another person.)
If the State failed to prove each of these elements beyond a reasonable doubt, you must find the defendant not guilty of criminal recklessness, a (Class B misdemeanor) (Level 6/5 felony) charged in Count ____________.