Criminal Jury Instructions for the District of Columbia
IV. Offenses
Scope
A. Crimes Against Persons
1. Assault and Threats
Instruction 4.111 ASSAULT WITH INTENT TO KILL
D.C. Official Code § 22-401 (2001)
A. ATTEMPTED BATTERY ASSAULT
The elements of the offense of assault with intent to kill, each of which the government must prove beyond a reasonable doubt, are that:
1. [ Name of defendant ], with force or violence, injured or attempted to injure [ name of complainant ] [another person];
2. S/he did so voluntarily, on purpose, and not by mistake or accident; [and]
[3. At that time, [ name of defendant ] had the apparent ability to injure [ name of complainant ] [a person]; and]
4. At that time, [ name of defendant ] intended to kill [ name of complainant ] [a person].
B. INTENT-TO-FRIGHTEN ASSAULT
[The elements of the offense of assault with intent to kill, each of which the government must prove beyond a reasonable doubt, are that:]
[Another way the government may prove an assault with intent to commit kill is by proving each of the following elements beyond a reasonable doubt, that:]
1. [ Name of defendant ] committed a threatening act that reasonably would create in another person a fear of immediate injury;
2. S/he did so voluntarily, on purpose, and not by mistake or accident;
3. At that time, [ name of defendant] had the apparent ability to injure [ name of complainant ] [a person]; and
4. At that time, [ name of defendant ] intended to kill [ name of complainant ] [a person].