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

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 ____________.

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