Assault and Battery

Proposed Jury Instructions for Assault and Battery

NOTICE TO COUNSEL AND JUDGES: As provided in the Court's Order accepting the proposed jury instructions for a period of working review, the Court's provisional approval "is for the purpose of refining and testing the application and accuracy of the pattern instructions and does not ensure error-free trials, and their use does not carry a no-reversal guarantee. It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law. (emphasis added).

MALICIOUS ASSAULT
______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Malicious Assault. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Malicious assault; and (2) not guilty.
    Malicious assault is committed when any person maliciously shoots, stabs, cuts or wounds or by some other means causes bodily injury to another with the intent to kill or permanently maim, disfigure or disable the other person.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Malicious Assault, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      did unlawfully and maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}_____________________) cause bodily injury to
5.      ______________________________,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently

disable),
7. ______________________________.
If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Malicious Assault, you may find ______________________________ guilty of Malicious Assault as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Malicious Assault, you shall find the Defendant ______________________________ not guilty.

COMMENT
MALICIOUS ASSAULT
1. W.Va. Code §61-2-9(a).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

MALICIOUS ASSAULT
including lesser offenses
______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Malicious Assault. One of five verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Malicious Assault; (2) guilty of Unlawful Assault; (3) guilty of Battery; (4) guilty of Assault; and (5) not guilty.
    Malicious assault is committed when any person maliciously shoots, stabs, cuts or wounds or by some other means causes bodily injury to another with the intent to kill or permanently maim, disfigure or disable the other person.
    Unlawful assault is committed when any person unlawfully, but not maliciously, shoots, stabs, cuts, wounds or by some other means causes bodily injury to another with intent to kill or permanently maim, disfigure or disable the other person.
    Battery is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of another, or unlawfully and intentionally causes physical harm to another person.
    Assault is committed when any person unlawfully attempts to commit a violent injury to the person of another or unlawfully commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.

    Before the Defendant, ______________________________ can be convicted of Malicious Assault, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      did unlawfully and maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}_____________________________________) cause bodily injury to
5.      ______________________________,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Malicious Assault, you may find ______________________________ guilty of Malicious Assault as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Malicious Assault, you shall find the Defendant ______________________________ not guilty of Malicious Assault (and deliberate on the lesser included offense of Unlawful Assault as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of

Unlawful Assault, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) _{(or describe other means__________________________}_____________________) cause bodily injury to
5.      ______________________________,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault, you may find ______________________________ guilty of Unlawful Assault as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault, you shall find the Defendant ______________________________ not guilty of Unlawful Assault (and deliberate on the lesser included offense of Battery as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Battery, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________)(cause physical harm to the person of ______________________________).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery, you may find ______________________________ guilty of Battery as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery, you shall find the Defendant ______________________________ not guilty of Battery (and deliberate on the lesser included offense of Assault as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia
3.      on or about the _____ day of ________________, 199__,
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault, you may find ______________________________ guilty of Assault as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault, you shall find the Defendant ______________________________ not guilty.

COMMENT
MALICIOUS ASSAULT
including lesser offenses
1. W.Va. Code §61-2-9(a).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

ASSAULT IN THE COMMISSION
OF A FELONY

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Assault In The Commission of a Felony. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty; and (2) not guilty.
    Assault In The Commission of a Felony is committed when any person in the commission of a felony, or in the attempt to commit a felony unlawfully shoots, stabs, cuts or wounds another person.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Assault In The Commission of a Felony, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      committed the offense of ________________________________ in that the Defendant ______________________________ did: _{elements o f
underlying felony}____________________________________________________________________ ________________________________________________________________________,
5.      and that in the commission thereof,
6.      The Defendant, ______________________________,
7.      In _______________ County, West Virginia,
8.      did (shoot) (stab) (cut) (wound),
9.      ______________________________.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault In The Commission of a Felony, you may find ______________________________ guilty of Assault In The Commission of a Felony as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault In The Commission of a Felony, you shall find the Defendant ______________________________ not guilty.

COMMENT
ASSAULT IN THE COMMISSION
OF A FELONY
1. W.Va. Code §61-2-10.
2. State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Simmons, 130 W.Va. 33, 42 S.E. 2d 827 (1947).

ASSAULT IN THE ATTEMPT TO
COMMIT A FELONY

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Assault In The Attempt To Commit a Felony. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty; and (2) not guilty.
    Assault In The Attempt To Commit a Felony is committed when any person in the commission of a felony, or in the attempt to commit a felony unlawfully shoots, stabs, cuts or wounds another person.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Assault In The Attempt To Commit a Felony, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      in the attempt to commit the offense of___________________________________ _{(insert elements of underlying felony)}     a.______________________________________________________________________

_____________________________________________________________________ b.______________________________________________________________________ ________________________________________________________________________ c.______________________________________________________________________ ________________________________________________________________________ d_______________________________________________________________________ ________________________________________________________________________
5.      and that in the attempted commission thereof,
6.      The Defendant, ______________________________,
7.      In _______________ County, West Virginia,
8.      did (shoot) (stab) (cut) (wound),
9.      ______________________________.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault In The Attempt To Commit a Felony, you may find ______________________________ guilty of Assault In The Attempt To Commit a Felony as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault In The Attempt To Commit a Felony, you shall find the Defendant ______________________________ not guilty.

COMMENT
ASSAULT IN THE ATTEMPT TO
COMMIT A FELONY
1. W.Va. Code §61-2-10.
2. State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Simmons, 130 W.Va. 33, 42 S.E. 2d 827 (1947).

UNLAWFUL ASSAULT
______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Unlawful Assault. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Assault; (2) not guilty.
    Unlawful Assault is committed when any person unlawfully shoots, stabs, cuts, wounds or by some other means causes bodily injury to another with intent to kill or permanently maim, disfigure or disable the other person.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____,
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) or (_{or describe other means}_______________________________________) cause bodily injury to,
5.      ______________________________,

6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault, you may find ______________________________ guilty of Unlawful Assault as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault, you shall find the Defendant ______________________________ not guilty of Unlawful Assault.

COMMENT
UNLAWFUL ASSAULT

1. W.Va. Code §61-2-9(a).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

UNLAWFUL ASSAULT
(including lesser offenses)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Unlawful Assault. One of four verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Assault; (2) guilty of Battery; (3) guilty of Assault; and (4) not guilty.
    Unlawful Assault is committed when any person unlawfully shoots, stabs, cuts or wounds or by some other means causes bodily injury to another with the intent to kill or permanently maim, disfigure or disable the other person.
    Battery is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of another, or unlawfully and intentionally causes physical harm to another person.
    Assault is committed when any person unlawfully attempts to commit a violent injury to the person of another or unlawfully commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault, the State of West Virginia must overcome the presumption that the
Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      did unlawfully and Unlawfully (cut) (stab) (wound) (shoot) _{(or describe other means}_______________________________________) cause bodily injury to
5.      ______________________________,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault, you may find ______________________________ guilty of Unlawful Assault as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault, you shall find the Defendant ______________________________ not guilty of Unlawful Assault (and deliberate on the lesser included offense of Battery as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Battery, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________)(cause physical harm to the person of ______________________________).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery, you may find ______________________________ guilty of Battery as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery, you shall find the Defendant ______________________________ not guilty of Battery (and deliberate on the lesser included offense of Assault as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault, you may find ______________________________ guilty of Assault as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault, you shall find the Defendant ______________________________ not guilty.

COMMENT
UNLAWFUL ASSAULT
(including lesser offenses)

1. W.Va. Code §61-2-9(a).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

ASSAULT

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Assault. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Assault; (2) not guilty.
    Assault is committed when any person unlawfully attempts to commit a violent injury to the person of another or unlawfully commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Assault, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________).

If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault, you may find ______________________________ guilty of Assault as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault, you shall find the Defendant ______________________________ not guilty.

COMMENT

ASSAULT
1. W.Va. Code §61-2-9(c).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

BATTERY
______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Battery. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Battery; (2) not guilty.
    Battery is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of another, or unlawfully and intentionally causes physical harm to another person.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Battery, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________)(cause physical harm to the person of ______________________________).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery, you may find ______________________________ guilty of Battery as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery, you shall find the Defendant ______________________________ not guilty.

COMMENT

BATTERY
1. W.Va. Code §61-2-9(b) and (c).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

BATTERY
(including lesser offense)
______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Battery. One of three verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Battery; (2) guilty of Assault; and (3) not guilty.
    Battery is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of another, or unlawfully and intentionally causes physical harm to another person.
    Assault is committed when any person unlawfully attempts to commit a violent injury to the person of another or unlawfully commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Battery, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________)(cause physical harm to the person of ______________________________).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery, you may find ______________________________ guilty of Battery as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery, you shall find the Defendant ______________________________ not guilty of Battery (and deliberate on the lesser included offense of Assault as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault, you may find ______________________________ guilty of Assault as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault, you shall find the Defendant ______________________________ not guilty.

COMMENT
BATTERY
(including lesser offense)
1. W.Va. Code §61-2-9(b) and (c).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

ASSAULT
OF A POLICE OFFICER

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Assault of a Police Officer. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Assault of a Police Officer; and (2) not guilty.
    Assault of a Police Officer is committed when any person unlawfully attempts to commit a violent injury to the person of a police officer or unlawfully commits an act which places a police officer in reasonable apprehension of immediately receiving a violent injury, who he knew or had reason to know was a police officer, and which police officer was then acting in his official capacity as a police officer.
    "Police Officer" means any person employed by the State Police, any person employed by the State to perform law enforcement duties, any person employed by a political subdivision of this State who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this State or employed as a special police officer by a railroad or traction line duly appointed by the Governor of this State.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Assault of a Police Officer , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a police officer acting in his official capacity,
6.      and the Defendant ______________________________, (knew that _____________________________ was a police officer) (had reason to know that ______________________________ was a police officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a Police Officer, you may find ______________________________ guilty of Assault of a Police Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a Police Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT

ASSAULT
OF A POLICE OFFICER

1. W.Va. Code §61-2-10b(d).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

MALICIOUS ASSAULT OF A POLICE OFFICER
(including lesser offenses)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Malicious Assault Of A Police Officer. One of five verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Malicious Assault Of A Police Officer; (2) guilty of Unlawful Assault of a Police Officer; (3) guilty of Battery of a Police Officer; (4) guilty of Assault of a Police Officer and (5) not guilty.
    Malicious Assault Of A Police Officer is committed when any person maliciously shoots, stabs, cuts or wounds or by some other means causes bodily injury to a police officer with the intent to kill or permanently maim, disfigure or disable the police officer, who he knew or had reason to know was a police officer and which police officer was then acting in his official capacity as a police officer.
    Unlawful Assault of a Police Officer is committed when any person unlawfully, but not maliciously, shoots, stabs, cuts, wounds or by some other means causes bodily injury to a police officer with the intent to kill or permanently maim, disfigure or disable the police officer, who he knew or had reason to know was a police officer, and which Police Officer was then acting in his official capacity as a police officer.
    Battery of a Police Officer is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person
of a police officer or unlawfully and intentionally causes physical harm to the person of a Police Officer, who he knew or had reason to know was a police officer, and which Police Officer was then acting in his official capacity as a police officer.
    Assault of a Police Officer is committed when any person unlawfully attempts to commit a violent injury to the person of a police officer or unlawfully commits an act which places a police officer in reasonable apprehension of immediately receiving a violent injury, who he knew or had reason to know was a police officer, and which Police Officer was then acting in his official capacity as a police officer.
    "Police Officer" means any person employed by the State Police, any person employed by the State to perform law enforcement duties, any person employed by a political subdivision of this State who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this State or employed as a special police officer by a railroad or traction line duly appointed by the Governor of this State.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Malicious Assault Of A Police Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____

4.      did unlawfully and maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}_______________________________________________) cause bodily injury to
5.      ______________________________, who was then a police officer acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________,
8.      who the Defendant (knew to be a police officer) (had reason to know was a police officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Malicious Assault Of A Police Officer, you may find ______________________________ guilty of Malicious Assault Of A Police Officer as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Malicious Assault Of A Police Officer, you shall find the Defendant ______________________________ not guilty of Malicious Assault Of A Police Officer (and deliberate on the lesser included offense of Unlawful Assault of a Police Officer as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of
Unlawful Assault of a Police Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}_______________________________________________) cause bodily injury to,
5.      ______________________________, who was a police officer acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________,
8.      who the Defendant ______________________________ (knew to be a police officer) (had reason to know was a police officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault of a Police Officer, you may find ______________________________ guilty of Unlawful Assault of a Police Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault of a Police Officer, you shall find the Defendant ______________________________ not guilty of Unlawful Assault of a Police Officer (and deliberate on the lesser included offense of Battery of a Police Officer as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Battery of a Police Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________)(cause physical harm to the person of ______________________________),
5.      ______________________________, being then a police officer acting in his official capacity
6.      and the Defendant ______________________________ (knew that ______________________________ was a police officer) (had reason to know that ______________________________ was a police officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a Police Officer, you may find ______________________________ guilty of Battery of a Police Officer as charged. If the jury and each member of the jury
has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery, you shall find the Defendant ______________________________ not guilty

of Battery of a Police Officer (and deliberate on the lesser included offense of Assault of a Police Officer as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault of a Police Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a Police Officer acting in his official capacity,
6.      who the Defendant ______________________________ (knew to be a police officer) (had reason to know was a police officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a Police Officer, you may find ______________________________ guilty of Assault of a Police Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a Police Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT
MALICIOUS ASSAULT
OF A POLICE OFFICER
(including lesser offenses)

1. W.Va. Code §61-2-10b (a) through (e).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

UNLAWFUL ASSAULT  OF A POLICE OFFICER

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Unlawful Assault Of A Police Officer. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Assault Of A Police Officer; and (2) not guilty.
    Unlawful Assault is committed when any person unlawfully, but not maliciously shoots, stabs, cuts, wounds or by some other means causes bodily injury to a police officer with intent to kill or permanently maim, disfigure or disable the police officer, who he knew or had reason to know was a police officer and which police officer was then acting in his official capacity as a police officer.
    "Police Officer" means any person employed by the State Police, any person employed by the State to perform law enforcement duties, any person employed by a political subdivision of this State who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this State or employed as a special police officer by a railroad or traction line duly appointed by the Governor of this State.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault Of A Police Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____,
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}_______________________________________________) cause bodily injury to,
5.      ______________________________, who was then a police officer acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________,
8.      who the Defendant (knew to be a police officer) (had reason to know was a police officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault Of A Police Officer, you may find ______________________________ guilty of Unlawful Assault Of A Police Officer as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault Of A Police Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT
UNLAWFUL ASSAULT
OF A POLICE OFFICER

1. W.Va. Code §61-2-10(b).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

UNLAWFUL ASSAULT OF A POLICE OFFICER
(including lesser offenses)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Unlawful Assault of a Police Officer. One of four verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Assault of a Police Officer; (2) guilty of Battery of a Police Officer; (3) guilty of Assault of a Police Officer; and (4) not guilty.
    Unlawful Assault of a Police Officer is committed when any person unlawfully, but not maliciously shoots, stabs, cuts, wounds or by some other means causes bodily injury to another with intent to kill or permanently maim, disfigure or disable the police officer, who he knew or had reason to know was a police officer and which police officer was then acting in his official capacity as a police officer.
    Battery of a Police Officer is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a police officer, or unlawfully and intentionally causes physical harm to a police officer, who he knew or had reason to know was a police officer, and which police officer was then acting in his official capacity as a police officer..
    Assault of a Police Officer is committed when any person unlawfully attempts to commit a violent injury to the person of a police officer or unlawfully commits an act which places a police officer in reasonable apprehension of immediately receiving a violent injury, who he knew or had reason to know was a police officer, and which police officer was then acting in his official capacity as a police officer.
    "Police Officer" means any person employed by the State Police, any person employed by the State to perform law enforcement duties, any person employed by a political subdivision of this State who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this State or employed as a special police officer by a railroad or traction line duly appointed by the Governor of this State.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault of a Police Officer , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}___________________________________________) cause bodily injury to,
5.      ______________________________, who was then a police officer, acting in his official capacity,
6.      with the intent to kill (permanently maim) (permanently disfigure) (permanently disable)
7.      ______________________________,

8.      who the Defendant, ______________________________, (knew to be a police officer) ( had reason to know was a police officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault, you may find ______________________________ guilty of Unlawful Assault as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault of a police officer, you shall find the Defendant ______________________________ not guilty of Unlawful Assault of a police officer (and deliberate on the lesser included offense of Battery of a police officer as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Battery of a police officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________)(cause physical harm to the person of ______________________________),
5.      ______________________________ being then a police officer acting in his official capacity,
6.      and the Defendant ______________________________, (knew that ______________________________ was a police officer) (had reason to know that ______________________________ was a police officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a Police Officer, you may find ______________________________ guilty of Battery of a Police Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a Police Officer, you shall find the Defendant ______________________________ not guilty of Battery of a Police Officer (and deliberate on the lesser included offense of Assault of a Police Officer as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault of a Police Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a police officer acting in his official capacity,
6.      who the Defendant (knew to be a police officer) (had reason to know was a police officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a Police Officer, you may find ______________________________ guilty of Assault of a Police Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a Police Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT
UNLAWFUL ASSAULT
OF A POLICE OFFICER
including lesser offenses
1. W.Va. Code §61-2-10b(b) through (e).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

BATTERY OF A POLICE OFFICER

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Battery of a Police Officer. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Battery of a Police Officer; and (2) not guilty.
    Battery of a Police Officer is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a police officer or unlawfully and intentionally causes physical harm to a police officer acting in his official capacity, who he knew or had reason to know was a police officer, and which police officer was then acting in his official capacity as a police officer.
    "Police Officer" means any person employed by the State Police, any person employed by the State to perform law enforcement duties, any person employed by a political subdivision of this State who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this State or employed as a special police officer by a railroad or traction line duly appointed by the Governor of this State.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Battery of a Police Officer , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________ being then a police officer acting in his official capacity,
6.      and the Defendant ______________________________, (knew that ______________________________ was a police officer) (had reason to know that ______________________________ was a police officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a Police Officer, you may find ______________________________ guilty of Battery of a Police Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a Police Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT
BATTERY
OF A POLICE OFFICER
1. W.Va. Code §61-2-10b(c).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

BATTERY OF A POLICE OFFICER
(including lesser offenses)

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Battery of a Police Officer. One of three verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Battery of a Police Officer; (2) guilty of Assault of a Police Officer and (3) not guilty.
    Battery of a Police Officer is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a police officer, or unlawfully and intentionally causes physical harm to a police officer who he knew or had reason to know was a police officer and which police officer was then acting in his or her official capacity as a police officer.
    Assault of a Police Officer is committed when any person unlawfully attempts to commit a violent injury to the person of a police officer or unlawfully commits an act which places a police officer in reasonable apprehension of immediately receiving a violent injury who he knew or had reason to know was a police officer and which police officer was then acting in his or her official capacity as a police officer.
    "Police Officer" means any person employed by the State Police, any person employed by the State to perform law enforcement duties, any person employed by a political subdivision of this State who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this State or employed as a special police officer by a railroad or traction line duly appointed by the Governor of this State.

    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Battery of a Police Officer , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________ being then a police officer acting in his official capacity,
6.      and the Defendant ______________________________, (knew that ______________________________ was a police officer) (had reason to know that ______________________________ was a police officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a Police Officer, you may find ______________________________ guilty of Battery of a Police Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a Police Officer, you shall find the Defendant ____________________________ not guilty of Battery of a Police Officer (and deliberate on the lesser included offense of Assault of a Police Officer as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault of a Police Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a police officer acting in his official capacity,
6.      who the Defendant (knew to be a police officer) (had reason to know was a police officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a Police Officer, you may find ______________________________ guilty of Assault of a Police Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a Police Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT
BATTERY
OF A POLICE OFFICER
(including lesser offenses)
1. W.Va. Code §61-2-10b(c).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

ASSAULT
OF A COUNTY (STATE) CORRECTIONAL Employee

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Assault of A County (State) Correctional Employee. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Assault of A County (State) Correctional Employee; and (2) not guilty.
    Assault of A County (State) Correctional Employee is committed when any person unlawfully attempts to commit a violent injury to the person of A County (State) Correctional Employee or unlawfully commits an act which places A County (State) Correctional Employee in reasonable apprehension of immediately receiving a violent injury, who he knew or had reason to know was A County (State) Correctional Employee and which County (State) Correctional Employee was then acting in his official capacity as a County (State) Correctional Employee.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Assault of A County (State) Correctional Employee , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,

2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then A County (State) Correctional Employee acting in his official capacity
6.      and the Defendant ______________________________, (knew that ______________________________ was A County (State) Correctional Employee) (had reason to know that ______________________________ was A County (State) Correctional Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of A County (State) Correctional Employee, you may find ______________________________ guilty of Assault of A County (State) Correctional Employee as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of A County (State) Correctional Employee, you shall find the Defendant ______________________________ not guilty.

COMMENT
ASSAULT
OF A County (State) Correctional Employee
1. W.Va. Code §61-2-10b(d).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

UNLAWFUL ASSAULT
OF A COUNTY (STATE) CORRECTIONAL EMPLOYEE

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Unlawful Assault Of A County (State) Correctional Employee. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Assault Of A County (State) Correctional Employee; and (2) not guilty.
    Unlawful Assault Of A County (State) Correctional Employee is committed when any person unlawfully but not maliciously shoots, stabs, cuts or wounds or by some other means causes bodily injury to a County (State) Correctional Employee with the intent to kill or permanently maim, disfigure or disable the County (State) Correctional Employee, who he knew or had reason to know was a County (State) Correctional Employee and which County (State) Correctional Employee was then acting in his official capacity as a County (State) Correctional Employee.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault Of A County (State) Correctional Employee, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,

2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and but not maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}_________________________________________) cause bodily injury to,
5.      ______________________________, who was then a County (State) Correctional Employee acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________, ,
8.      who the Defendant (knew to be a County (State) Correctional Employee) (had reason to know was a County (State) Correctional Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault Of A County (State) Correctional Employee, you may find ______________________________ guilty of Unlawful Assault Of A County (State) Correctional Employee as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault Of A County (State) Correctional Employee, you shall find the Defendant ______________________________ not guilty.

COMMENT
UNLAWFUL ASSAULT
OF A COUNTY (STATE) CORRECTIONAL EMPLOYEE

1. W.Va. Code §61-2-10b (a) through (e).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

UNLAWFUL ASSAULT
OF A COUNTY (STATE) CORRECTIONAL EMPLOYEE
(including lesser offenses)

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Unlawful Assault Of A County (State) Correctional Employee. One of four verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Assault Of A County (State) Correctional Employee; (2) guilty of Battery of a County (State) Correctional Employee; (3) guilty of Assault of a County (State) Correctional Employee and (4) not guilty.
    Unlawful Assault of a County (State) Correctional Employee is committed when any person unlawfully, but not maliciously, shoots, stabs, cuts, wounds or by some other means causes bodily injury to a County (State) Correctional Employee with the intent to kill or permanently maim, disfigure or disable the County (State) Correctional Employee, who he knew or had reason to know was a County (State) Correctional Employee, and which County (State) Correctional Employee was then acting in his official capacity.
    Battery of a County (State) Correctional Employee is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a County (State) Correctional Employee or unlawfully and intentionally causes physical harm to the person of a County (State) Correctional Employee, who he knew or had reason to know was a County (State) Correctional Employee, and which County (State) Correctional Employee was then acting in his official capacity.
    Assault of a County (State) Correctional Employee is committed when any person unlawfully attempts to commit a violent injury to the person of a County (State) Correctional Employee or unlawfully commits an act which places a County (State) Correctional Employee in reasonable apprehension of immediately receiving a violent injury, and the perpetrator knew or had reason to know was a County (State) Correctional Employee, and which County (State) Correctional Employee was then acting in his official capacity.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault of a County (State) Correctional Employee, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}______________________________________________) cause bodily injury to,
5.      ______________________________, who was a County (State) Correctional Employee acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),

7.      ______________________________,
8.      who the Defendant ______________________________ (knew to be a County (State) Correctional Employee) (had reason to know was a County (State) Correctional Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault of a County (State) Correctional Employee, you may find ______________________________ guilty of Unlawful Assault of a County (State) Correctional Employee as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault of a County (State) Correctional Employee, you shall find the Defendant ______________________________ not guilty of Unlawful Assault of a County (State) Correctional Employee (and deliberate on the lesser included offense of Battery of a County (State) Correctional Employee as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Battery of a County (State) Correctional Employee, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____

1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a County (State) Correctional Employee acting in his official capacity,
6.      who the Defendant ______________________________ (knew to be a County (State) Correctional Employee) (had reason to know was a County (State) Correctional Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a County (State) Correctional Employee, you may find ______________________________ guilty of Assault of a County (State) Correctional Employee as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a County (State) Correctional Employee, you shall find the Defendant ______________________________ not guilty.

COMMENT
UNLAWFUL ASSAULT
OF A COUNTY (STATE) CORRECTIONAL Employee
(including lesser offenses)
1.      W.Va. Code §61-2-10b (b) through (e).
2.      State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 4
3.      +22, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

MALICIOUS ASSAULT
OF A COUNTY (STATE) CORRECTIONAL EMPLOYEE
(including lesser offenses)

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Malicious Assault Of A County (State) Correctional Employee. One of five verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Malicious Assault Of A County (State) Correctional Employee; (2) guilty of Unlawful Assault of a County (State) Correctional Employee; (3) guilty of Battery of a County (State) Correctional Employee; (4) guilty of Assault of a County (State) Correctional Employee and (5) not guilty.
    Malicious Assault Of A County (State) Correctional Employee is committed when any person maliciously shoots, stabs, cuts or wounds or by some other means causes bodily injury to a County (State) Correctional Employee with the intent to kill or permanently maim, disfigure or disable the County (State) Correctional Employee, who he knew or had reason to know was a County (State) Correctional Employee and which County (State) Correctional Employee was then acting in his official capacity as a County (State) Correctional Employee.
    Unlawful Assault of a County (State) Correctional Employee is committed when any person unlawfully, but not maliciously, shoots, stabs, cuts, wounds or by some other means causes bodily injury to a County (State) Correctional Employee with the intent to kill or permanently maim, disfigure or disable the County (State) Correctional Employee, who he knew or had reason to know was a County (State) Correctional Employee, and which County (State) Correctional Employee was then acting in his official capacity as a County (State) Correctional Employee.
    Battery of a County (State) Correctional Employee is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a County (State) Correctional Employee or unlawfully and intentionally causes physical harm to the person of a County (State) Correctional Employee, who he knew or had reason to know was a County (State) Correctional Employee, and which County (State) Correctional Employee was then acting in his official capacity as a County (State) Correctional Employee.
    Assault of a County (State) Correctional Employee is committed when any person unlawfully attempts to commit a violent injury to the person of a County (State) Correctional Employee or unlawfully commits an act which places a County (State) Correctional Employee in reasonable apprehension of immediately receiving a violent injury, who he knew or had reason to know was a County (State) Correctional Employee, and which County (State) Correctional Employee was then acting in his official capacity as a County (State) Correctional Employee.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Malicious Assault Of A County (State) Correctional Employee, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:

1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully and maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}____________________________________________) cause bodily injury to,
5.      ______________________________, who was then a County (State) Correctional Employee,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________,
8.      who the Defendant (knew to be a County (State) Correctional Employee) (had reason to know was a County (State) Correctional Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Malicious Assault Of A County (State) Correctional Employee, you may find ______________________________ guilty of Malicious Assault Of A County (State) Correctional Employee as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Malicious Assault Of A County (State) Correctional Employee, you shall find the Defendant ______________________________ not guilty of Malicious Assault Of A County (State) Correctional Employee (and deliberate on the lesser included offense of Unlawful Assault of a County (State) Correctional Employee as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault of a County (State) Correctional Employee, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}___________________________________________) cause bodily injury to,
5.      ______________________________, being then a County (State) Correctional Employee acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________,
8.      who the Defendant ______________________________ (knew to be a County (State) Correctional Employee) (had reason to know was a County (State) Correctional Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault of a County (State) Correctional Employee, you may find ______________________________ guilty of Unlawful Assault of a County (State) Correctional Employee as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault of a County (State) Correctional Employee, you shall find the Defendant ______________________________ not guilty of Unlawful Assault of a County (State) Correctional Employee (and deliberate on the lesser included offense of Battery of a County (State) Correctional Employee as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Battery of a County (State) Correctional Employee, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________, being then a County (State) Correctional Employee acting in his official capacity,
6.      and the Defendant ______________________________ (knew that ______________________________ was a County (State) Correctional Employee) (had reason to know that ______________________________ was a County (State) Correctional Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that

of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a County (State) Correctional Employee, you may find ______________________________ guilty of Battery of a County (State) Correctional Employee as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a County (State) Correctional Employee, you shall find the Defendant ______________________________ not guilty of Battery of a County (State) Correctional Employee (and deliberate on the lesser included offense of Assault of a County (State) Correctional Employee as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault of a County (State) Correctional Employee, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a County (State) Correctional Employee acting in his official capacity,
6.      who the Defendant ______________________________ (knew to be a County

(State) Correctional Employee) (had reason to know was a County (State) Correctional Employee).
If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a County (State) Correctional Employee, you may find ______________________________ guilty of Assault of a County (State) Correctional Employee as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a County (State) Correctional Employee, you shall find the Defendant ______________________________ not guilty.

COMMENT
MALICIOUS ASSAULT
OF A COUNTY (STATE) CORRECTIONAL EMPLOYEE
(including lesser offenses)

1. W.Va. Code §61-2-10b (a) through (e).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

ASSAULT
OF A CONSERVATION OFFICER

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Assault of a Conservation Officer. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Assault of a Conservation Officer; and (2) not guilty.
    Assault of a Conservation Officer is committed when any person unlawfully attempts to commit a violent injury to the person of a Conservation officer or unlawfully commits an act which places a Conservation officer in reasonable apprehension of immediately receiving a violent injury who he knew or had reason to know was a Conservation officer, and which Conservation officer was then acting in his official capacity as a Conservation Officer..
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Assault of a Conservation Officer , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____

4.      did unlawfully commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a Conservation officer acting in his official capacity
6.      and the Defendant ______________________________, (knew that _______________________ was a Conservation officer) (had reason to know that _________________________ was a Conservation officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a Conservation Officer, you may find ______________________________ guilty of Assault of a Conservation Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a Conservation Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT
ASSAULT
OF A CONSERVATION OFFICER

1. W.Va. Code §61-2-10b(d) through (e).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

UNLAWFUL ASSAULT
OF A CONSERVATION OFFICER

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Unlawful Assault Of A Conservation Officer. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Assault Of A Conservation Officer; and (2) not guilty.
    Unlawful Assault of a Conservation Officer is committed when any person unlawfully, but not maliciously shoots, stabs, cuts, wounds or by some other means causes bodily injury to another with intent to kill or permanently maim, disfigure or disable the Conservation Officer, who he knew or had reason to know was a Conservation Officer and which Conservation Officer was then acting in his official capacity as a Conservation Officer.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault Of A Conservation Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,

3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) or (_{describe other means}_______________________________________________) cause bodily injury to,
5.      ______________________________, who was then a Conservation Officer acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________,
8.      who the Defendant (knew to be a Conservation Officer) (had reason to know was a Conservation Officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault Of A Conservation Officer, you may find ______________________________ guilty of Unlawful Assault Of A Conservation Officer as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault Of A Conservation Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT
UNLAWFUL ASSAULT
OF A CONSERVATION OFFICER

1. W.Va. Code §61-2-10b (a).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

UNLAWFUL ASSAULT
OF A CONSERVATION OFFICER

(including lesser offenses)

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Unlawful Assault of a Conservation Officer. One of four verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Assault of a Conservation Officer; (2) guilty of Battery of a Conservation Officer; (3) guilty of Assault of a Conservation Officer; and (4) not guilty.
    Unlawful Assault of a Conservation Officer is committed when any person unlawfully, but not maliciously shoots, stabs, cuts, wounds or by some other means causes bodily injury to another with intent to kill or permanently maim, disfigure or disable the Conservation officer, who he knew or had reason to know was a Conservation officer and which Conservation officer was then acting in his official capacity as a Conservation officer.
    Battery of a Conservation Officer is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a conservation officer, or unlawfully and intentionally causes physical harm to a conservation officer, who he knew or had reason to know was a conservation officer, which conservation officer was then acting in his official capacity as a conservation officer.
    Assault of a Conservation Officer is committed when any person unlawfully attempts to commit a violent injury to the person of a conservation officer or unlawfully commits an act which places a conservation officer in reasonable apprehension of immediately receiving a violent injury, who he knew or had reason to know was a conservation officer, which conservation officer was then acting in his official capacity as a conservation officer.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault of a Conservation Officer , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) or (_{describe other means}____________________________________________) cause bodily injury to,
5.      ______________________________, who was then a Conservation officer , acting in his official capacity,
6.      with the intent to kill (permanently maim) (permanently disfigure) (permanently disable),
7.      _____________________________,
8.      who the Defendant, ______________________________, (knew to be a Conservation officer) (had reason to know was a Conservation officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault of a Conservation Officer, you may find ______________________________ guilty of Unlawful Assault of a Conservation Officer as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault of a Conservation officer, you shall find the Defendant ______________________________ not guilty of Unlawful Assault of a Conservation officer (and deliberate on the lesser included offense of Battery of a Conservation officer as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Battery of a Conservation officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of _______________________________),
5.      ______________________________ being then a Conservation officer acting in his official capacity,
6.      and the Defendant ______________________________, (knew that ______________________ was a Conservation officer) (had reason to know that ____________________________ was a Conservation officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a Conservation Officer, you may find ______________________________ guilty of Battery of a Conservation Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a Conservation Officer, you shall find the Defendant ______________________________ not guilty of Battery of a Conservation Officer (and deliberate on the lesser included offense of Assault of a Conservation Officer as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault of a Conservation Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),

5.      ______________________________ being then a Conservation officer acting in his official capacity,
6.      who the Defendant (knew to be a Conservation officer) (had reason to know was a Conservation officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a Conservation Officer, you may find ______________________________ guilty of Assault of a Conservation Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a Conservation Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT
UNLAWFUL ASSAULT
OF A CONSERVATION OFFICER
(including lesser offenses)
1. W.Va. Code §61-2-10b(a).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

MALICIOUS ASSAULT
OF A CONSERVATION OFFICER

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Malicious Assault Of A Conservation Officer. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Malicious Assault Of A Conservation Officer; and (2) not guilty.
    Malicious Assault of a Conservation Officer is committed when any person maliciously shoots, stabs, cuts, wounds or by some other means causes bodily injury to another with intent to kill or permanently maim, disfigure or disable the Conservation Officer, who he knew or had reason to know was a Conservation Officer and which Conservation Officer was then acting in his official capacity as a Conservation Officer.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Malicious Assault Of A Conservation Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did maliciously (cut) (stab) (wound) (shoot) or (_{describe other means}_______________________________________________) cause bodily injury to,
5.      ______________________________, who was then a Conservation Officer acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________, who was then a Conservation Officer,
8.      who the Defendant (knew to be a Conservation Officer) (had reason to know was a Conservation Officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Malicious Assault Of A Conservation Officer, you may find ______________________________ guilty of Malicious Assault Of A Conservation Officer as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Malicious Assault Of A Conservation Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT
MALICIOUS ASSAULT
OF A CONSERVATION OFFICER
1. W.Va. Code §61-2-10b (a).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

MALICIOUS ASSAULT
OF A CONSERVATION OFFICER
(Including lesser offenses)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Malicious Assault of a Conservation Officer. One of five verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Malicious Assault of a Conservation Officer; (2) guilty of Unlawful Assault of a Conservation Officer; (3) guilty of Battery of a Conservation Officer; (4) guilty of Assault of a Conservation Officer; and (5) not guilty.
    Malicious Assault of a Conservation Officer is committed when any person maliciously shoots, stabs, cuts, wounds or by some other means causes bodily injury to a conservation Officer with intent to kill or permanently maim, disfigure or disable the conservation officer, who he knew or had reason to know was a conservation Officer and which conservation Officer was then acting in his official capacity as a Conservation Officer who he knew or had reason to know was a conservation officer and the conservation officer was then acting in his or her official capacity as a conservation officer..
    Unlawful Assault of a Conservation Officer is committed when any person unlawfully, but not maliciously shoots, stabs, cuts, wounds or by some other means causes bodily injury to the conservation Officer with intent to kill or permanently maim, disfigure or disable the Conservation Officer, who he knew or had reason to know was a Conservation Officer and which Conservation Officer was then acting in his official capacity as a Conservation Officer.

    Battery of a Conservation Officer is committed when any person intentionally makes physical contact of an insulting or provoking nature with the person of a conservation Officer, or intentionally causes physical harm to the conservation Officer who he knew or had reason to know was a conservation officer and the conservation officer was then acting in his or her official capacity as a conservation officer.
    Assault of a Conservation Officer is committed when any person attempts to commit a violent injury to the person of a conservation Officer or commits an act which places the conservation Officer in reasonable apprehension of immediately receiving a violent injury who he knew or had reason to know was a conservation officer and the conservation officer was then acting in his or her official capacity as a conservation officer.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Malicious Assault of a Conservation Officer , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2___,
4.      did maliciously (cut) (stab) (wound) (shoot) or (_{describe other means}____________________________________________) cause bodily injury to,

5.      ______________________________, who was then a Conservation Officer , acting in his official capacity,
6.      with the intent to kill (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________, who was then a Conservation Officer,
8.      who the Defendant, ______________________________, (knew to be a Conservation Officer) (had reason to know was a Conservation Officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Malicious Assault, you may find ______________________________ guilty of Malicious Assault as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Malicious Assault of a Conservation Officer, you shall find the Defendant ______________________________ not guilty of Malicious Assault of a Conservation Officer (and deliberate on the lesser included offense of Unlawful Assault Of A Conservation Officer as hereinafter instructed).
1.    The Defendant, ______________________________,
2.    in __________________ County, West Virginia,
3.    on or about the _____ day of ________________, 2___,
4.    did unlawfully but not maliciously (cut) (stab) (wound) (shoot) or (_{describe other means}___________________________________________) cause bodily injury to,
5.    ______________________________, who was then a Conservation Officer acting in his official capacity,
6.    with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.    ______________________________, who was then a Conservation Officer,
8.    who the Defendant (knew to be a Conservation Officer) (had reason to know was a Conservation Officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault, you may find ______________________________ guilty of Unlawful Assault as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault of a Conservation Officer, you shall find the Defendant ______________________________ not guilty of Unlawful Assault of a Conservation Officer (and deliberate on the lesser included offense of Battery of a Conservation Officer as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Battery of a Conservation Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____

4.      did intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of _______________________________),
5.      ______________________________ being then a Conservation Officer acting in his official capacity,
6.      and the Defendant ______________________________, (knew that ______________________ was a Conservation Officer) (had reason to know that ____________________________ was a Conservation Officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a Conservation Officer, you may find ______________________________ guilty of Battery of a Conservation Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a Conservation Officer, you shall find the Defendant ______________________________ not guilty of Battery of a Conservation Officer (and deliberate on the lesser included offense of Assault of a Conservation Officer as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault of a Conservation Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,

2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2___,
4.      did (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a Conservation Officer acting in his official capacity,
6.      who the Defendant (knew to be a Conservation Officer) (had reason to know was a Conservation Officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a Conservation Officer, you may find ______________________________ guilty of Assault of a Conservation Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a Conservation Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT
MALICIOUS ASSAULT
OF A Conservation Officer
(including lesser offenses)
1. W.Va. Code §61-2-10b(a).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

BATTERY OF A CONSERVATION OFFICER

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Battery of a Conservation Officer. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Battery of a Conservation Officer; and (2) not guilty.
    Battery of a Conservation Officer is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a conservation officer, or unlawfully and intentionally causes physical harm to a conservation officer who he knew or had reason to know was a conservation officer and which conservation officer was acting in his official capacity as a conservation officer.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Battery of a Conservation Officer , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking

nature with the person of ______________________________) (cause physical harm to the person of ______________________________).
5.      ______________________________ being then a Conservation officer acting in his official capacity
6.      and the Defendant ______________________________, (knew that ______________________________ was a Conservation officer) (had reason to know that ______________________________ was a Conservation officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a Conservation Officer, you may find ______________________________ guilty of Battery of a Conservation Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a Conservation Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT
BATTERY OF A CONSERVATION OFFICER

1. W.Va. Code §61-2-10b(c).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

BATTERY OF A CONSERVATION OFFICER
(including lesser offenses)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Battery of a Conservation Officer. One of three verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Battery of a Conservation Officer; (2) guilty of Assault of a Conservation Officer and (3) not guilty.
    Battery of a Conservation Officer is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a conservation officer, or unlawfully and intentionally causes physical harm to a conservation officer who he knew or had reason to know was a conservation officer and which conservation officer was acting in his official capacity as a conservation officer.
    Assault of a Conservation Officer is committed when any person unlawfully attempts to commit a violent injury to the person of a conservation officer or unlawfully commits an act which places a conservation officer in reasonable apprehension of immediately receiving a violent injury, who he knew or had reason to know was a conservation officer and which conservation officer was acting in his official capacity as a conservation officer.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Battery of a Conservation Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________).
5.      ______________________________ being then a Conservation officer acting in his official capacity,
6.      and the Defendant ______________________________, (knew that _______________________ was a Conservation officer) (had reason to know that _________________________ was a Conservation officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a Conservation Officer, you may find ______________________________ guilty of Battery of a Conservation Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a Conservation Officer, you shall find the Defendant ______________________________ not guilty of Battery of a Conservation Officer(and deliberate on the lesser included offense of Assault of a Conservation Officer as hereinafter instructed).

    Before the Defendant, ______________________________ can be convicted of Assault of a Conservation Officer, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a Conservation officer acting in his official capacity,
6.      who the Defendant (knew to be a Conservation officer) (had reason to know was a Conservation officer).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a Conservation Officer, you may find ______________________________ guilty of Assault of a Conservation Officer as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a Conservation Officer, you shall find the Defendant ______________________________ not guilty.

COMMENT
BATTERY
OF A CONSERVATION OFFICER
(including lesser offenses)
1. W.Va. Code §61-2-10b(c) through (e).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

MALICIOUS ASSAULT
OF A COUNTY (STATE) CORRECTIONAL EMPLOYEE

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Malicious Assault Of A County (State) Correctional Employee. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Malicious Assault Of A County (State) Correctional Employee; and (2) not guilty.
    Malicious Assault Of A County (State) Correctional Employee is committed when any person maliciously shoots, stabs, cuts or wounds or by some other means causes bodily injury to a County (State) Correctional Employee with the intent to kill or permanently maim, disfigure or disable the County (State) Correctional Employee, who he knew or had reason to know was a County (State) Correctional Employee and which County (State) Correctional Employee was then acting in his or her official capacity as a County (State) Correctional Employee.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Malicious Assault Of A County (State) Correctional Employee, the State of West Virginia must
overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:

COMMENT
MALICIOUS ASSAULT
OF A COUNTY (STATE) CORRECTIONAL EMPLOYEE

1. W.Va. Code §61-2-10b (a).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

BATTERY
OF A COUNTY (STATE) CORRECTIONAL EMPLOYEE

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Battery of a County (State) Correctional Employee. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Battery of a County (State) Correctional Employee; and (2) not guilty.
    Battery of a County (State) Correctional Employee is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a County (State) Correctional Employee, or unlawfully and intentionally causes physical harm to a County (State) Correctional Employee who he knew or had reason to know was a County (State) Correctional employee , and which County (State) correctional employee was then acting in his official capacity.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Battery of a County (State) Correctional Employee , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,

3.      on or about the _____ day of ________________, 2____,
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________ being then a County (State) Correctional Employee acting in his official capacity
6.      and the Defendant ______________________________, (knew that ______________________________ was a County (State) Correctional Employee) (had reason to know that ______________________________ was a County (State) Correctional Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a County (State) Correctional Employee, you may find ______________________________ guilty of Battery of a County (State) Correctional Employee as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a County (State) Correctional Employee, you shall find the Defendant ______________________________ not guilty.

COMMENT
BATTERY
OF A COUNTY (STATE) CORRECTIONAL EMPLOYEE

1. W.Va. Code §61-2-10b(c).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

BATTERY
OF A COUNTY (STATE) CORRECTIONAL EMPLOYEE
(including lesser offenses)

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Battery of a County (State) Correctional Employee. One of three verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Battery of a County (State) Correctional Employee; (2) guilty of Assault of a County (State) Correctional Employee and (3) not guilty.
    Battery of a County (State) Correctional Employee is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of A County (State) Correctional Employee, or unlawfully and intentionally causes physical harm to a County (State) Correctional Employee who he knew or had reason to know was a County (State) Correctional Employee, and which County (State) Correctional Employee was then acting in his official capacity as a County (State) Correctional Employee.
    Assault of a County (State) Correctional Employee is committed when any person unlawfully attempts to commit a violent injury to the person of A County (State) Correctional Employee, or unlawfully commits an act which places a County (State) Correctional Employee in reasonable apprehension of immediately receiving a violent injury, who he knew or had reason to know was a County (State) Correctional Employee, and which County (State) Correctional Employee was then acting in his official capacity as a County (State) Correctional Employee.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Battery of a County (State) Correctional Employee , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________ being then a County (State) Correctional Employee acting in his official capacity
6.      and the Defendant ______________________________, (knew that ______________________________ was a County (State) Correctional Employee) (had reason to know that ______________________________ was a County (State) Correctional Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a County (State) Correctional Employee, you may find __________________________ guilty of Battery of a County (State) Correctional Employee as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a County (State) Correctional Employee, you shall find the Defendant ______________________________ not guilty of Battery of a County (State) Correctional Employee,(and deliberate on the lesser included offense of Assault of a County (State) Correctional Employee as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault of a County (State) Correctional Employee, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a County (State) Correctional Employee acting in his official capacity,
6.      who the Defendant (knew to be a County (State) Correctional Employee) (had reason to know was a County (State) Correctional Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a County (State) Correctional Employee, you may find ______________________________ guilty of Assault of a County (State) Correctional Employee as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a County (State) Correctional Employee, you shall find the Defendant ______________________________ not guilty.

COMMENT
BATTERY
OF A COUNTY (STATE) CORRECTIONAL EMPLOYEE
(including lesser offenses)

1. W.Va. Code §61-2-10b(c) through (e).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

MALICIOUS ASSAULT
OF AN EMPLOYEE OF AN URBAN MASS TRANSPORTATION SYSTEM

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Malicious Assault Of An Employee Of An Urban Mass Transportation System. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Malicious Assault Of An Employee Of An Urban Mass Transportation System; and (2) not guilty.
    Malicious Assault Of An Employee Of An Urban Mass Transportation System is committed when any person maliciously shoots, stabs, cuts or wounds or by some other means causes bodily injury to An Employee Of An Urban Mass Transportation System with the intent to kill or permanently maim, disfigure or disable An Employee Of An Urban Mass Transportation System, who he knew or had reason to know was An Employee Of An Urban Mass Transportation System and which Employee Of An Urban Mass Transportation System was then acting in his or her official capacity as An Employee Of An Urban Mass Transportation System.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Malicious Assault Of An Employee Of An Urban Mass Transportation System, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:

1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      did unlawfully and maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}_________________________________________ cause bodily injury to,
5.      ______________________________, who was then An Employee Of An Urban Mass Transportation System acting in his or her official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________, who was then An Employee Of An Urban Mass Transportation System,
8.      who the Defendant (knew to be An Employee Of An Urban Mass Transportation System) (had reason to know was An Employee Of An Urban Mass Transportation System).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Malicious Assault Of An Employee Of An Urban Mass Transportation System, you may find ______________________________ guilty of Malicious Assault Of An Employee Of An Urban Mass Transportation System as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Malicious Assault Of An Employee Of An Urban Mass Transportation System, you shall find the Defendant ______________________________ not guilty.

COMMENT
MALICIOUS ASSAULT
OF AN EMPLOYEE OF AN URBAN MASS TRANSPORTATION SYSTEM

1. W.Va. Code §61-2-10b (a).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

MALICIOUS ASSAULT
OF AN EMPLOYEE OF AN URBAN MASS TRANSPORTATION SYSTEM
(including lesser offenses)

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Malicious Assault Of An Employee Of An Urban Mass Transportation System. One of five verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Malicious Assault Of An Employee Of An Urban Mass Transportation System; (2) guilty of Unlawful Assault of An Employee Of An Urban Mass Transportation System; (3) guilty of Battery of An Employee Of An Urban Mass Transportation System; (4) guilty of Assault of An Employee Of An Urban Mass Transportation System and (5) not guilty.
    Malicious Assault Of An Employee Of An Urban Mass Transportation System is committed when any person maliciously shoots, stabs, cuts or wounds or by some other means causes bodily injury to An Employee Of An Urban Mass Transportation System with the intent to kill or permanently maim, disfigure or disable the County (State) Correctional Employee, who he knew or had reason to know was An Employee Of An Urban Mass Transportation System and which County (State) Correctional Employee was then acting in his official capacity as An Employee Of An Urban Mass Transportation System.
    Unlawful Assault of An Employee Of An Urban Mass Transportation System is committed when any person unlawfully, but not maliciously, shoots, stabs, cuts, wounds or by some other means causes bodily injury to An Employee Of An Urban Mass Transportation System with the intent to kill or permanently maim, disfigure or disable a An Employee Of An Urban Mass Transportation System, who he knew or had reason to know was An Employee Of An Urban Mass Transportation System, and which Employee Of An Urban Mass Transportation System was then acting in his official capacity as An Employee Of An Urban Mass Transportation System.
    Battery of An Employee Of An Urban Mass Transportation System is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of An Employee Of An Urban Mass Transportation System or unlawfully and intentionally causes physical harm to the person of An Employee Of An Urban Mass Transportation System, who he knew or had reason to know was An Employee Of An Urban Mass Transportation System, and which An Employee Of An Urban Mass Transportation System was then acting in his official capacity as An Employee Of An Urban Mass Transportation System.
    Assault of An Employee Of An Urban Mass Transportation System is committed when any person unlawfully attempts to commit a violent injury to the person of An Employee Of An Urban Mass Transportation System or unlawfully commits an act which places An Employee Of An Urban Mass Transportation System in reasonable apprehension of immediately receiving a violent injury, who he knew or had reason to know was An Employee Of An Urban Mass Transportation System, and which Employee Of An Urban Mass Transportation System was then acting in his official capacity as An Employee Of An Urban Mass Transportation System.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Malicious Assault Of An Employee Of An Urban Mass Transportation System, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully and maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}____________________________________________) cause bodily injury to,
5.      ______________________________, who was then An Employee Of An Urban Mass Transportation System acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________,
8.      who the Defendant (knew to be An Employee Of An Urban Mass Transportation System) (had reason to know was An Employee Of An Urban Mass Transportation System).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Malicious Assault Of An Employee Of An Urban Mass Transportation System, you may find ______________________________ guilty of Malicious Assault Of An Employee Of An Urban Mass Transportation System as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Malicious Assault Of An Employee Of An Urban Mass Transportation System, you shall find the Defendant ______________________________ not guilty of Malicious Assault Of An Employee Of An Urban Mass Transportation System (and deliberate on the lesser included offense of Unlawful Assault of An Employee Of An Urban Mass Transportation System as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault of An Employee Of An Urban Mass Transportation System, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}___________________________________________) cause bodily injury to,
5.      ______________________________, who was An Employee Of An Urban Mass Transportation System acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________,
8.      who the Defendant ______________________________ (knew to be An Employee

Of An Urban Mass Transportation System) (had reason to know was An Employee Of An Urban Mass Transportation System).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault of An Employee Of An Urban Mass Transportation System, you may find ______________________________ guilty of Unlawful Assault of An Employee Of An Urban Mass Transportation System as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault of a An Employee Of An Urban Mass Transportation System, you shall find the Defendant ______________________________ not guilty of Unlawful Assault of An Employee Of An Urban Mass Transportation System (and deliberate on the lesser included offense of Battery of An Employee Of An Urban Mass Transportation System as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Battery of An Employee Of An Urban Mass Transportation System, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking

nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________, being then An Employee Of An Urban Mass Transportation System acting in his official capacity,
6.      and the Defendant ______________________________ (knew that ______________________________ was An Employee Of An Urban Mass Transportation System) (had reason to know that ______________________________ was An Employee Of An Urban Mass Transportation System).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of An Employee Of An Urban Mass Transportation System, you may find ______________________________ guilty of Battery of An Employee Of An Urban Mass Transportation System as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery, you shall find the Defendant ______________________________ not guilty of Battery of An Employee Of An Urban Mass Transportation System (and deliberate on the lesser included offense of Assault of An Employee Of An Urban Mass Transportation System as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault of An Employee Of An Urban Mass Transportation System, the State of West Virginia must overcome the presumption that the Defendant,

______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then An Employee Of An Urban Mass Transportation System acting in his official capacity,
6.      who the Defendant ______________________________ (knew to be An Employee Of An Urban Mass Transportation System) (had reason to know was An Employee Of An Urban Mass Transportation System).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of An Employee Of An Urban Mass Transportation System, you may find ______________________________ guilty of Assault of An Employee Of An Urban Mass Transportation System as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of An Employee Of An Urban Mass Transportation System, you shall find the Defendant ______________________________ not guilty.

COMMENT
MALICIOUS ASSAULT
OF AN EMPLOYEE OF AN URBAN MASS TRANSPORTATION SYSTEM
(including lesser offenses)

1. W.Va. Code §61-2-10b (a) through (e).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

UNLAWFUL ASSAULT
OF AN EMPLOYEE OF AN URBAN MASS TRANSPORTATION SYSTEM

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Unlawful Assault Of An Employee Of An Urban Mass Transportation System. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Assault Of An Employee Of An Urban Mass Transportation System; and (2) not guilty.
    Unlawful Assault Of An Employee Of An Urban Mass Transportation System is committed when any person unlawfully but not maliciously shoots, stabs, cuts or wounds or by some other means causes bodily injury to An Employee Of An Urban Mass Transportation System with the intent to kill or permanently maim, disfigure or disable the County (State) Correctional Employee, who he knew or had reason to know was An Employee Of An Urban Mass Transportation System and which County (State) Correctional Employee was then acting in his official capacity as An Employee Of An Urban Mass Transportation System.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault Of An Employee Of An Urban Mass Transportation System, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:

COMMENT
UNLAWFUL ASSAULT
OF An Employee Of An Urban Mass Transportation System

1. W.Va. Code §61-2-10b (a) through (e).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

UNLAWFUL ASSAULT
OF AN EMPLOYEE OF AN URBAN MASS TRANSPORTATION SYSTEM
(including lesser offenses)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Unlawful Assault Of An Employee Of An Urban Mass Transportation System. One of four verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Assault Of An Employee Of An Urban Mass Transportation System; (2) guilty of Battery of An Employee Of An Urban Mass Transportation System; (3) guilty of Assault of An Employee Of An Urban Mass Transportation System and (4) not guilty.
    Unlawful Assault of An Employee Of An Urban Mass Transportation System is committed when any person unlawfully, but not maliciously, shoots, stabs, cuts, wounds or by some other means causes bodily injury to an employee of an urban mass transportation system with the intent to kill or permanently maim, disfigure or disable the said employee, who he knew or had reason to know was an employee of an urban mass transportation system, and which employee was then acting in his official capacity as An Employee Of An Urban Mass Transportation System.
    Battery of an employee of an urban mass transportation system is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of an employee of an urban mass transportation system or unlawfully and intentionally causes physical harm to the person of an employee of an urban mass transportation system, who he knew or had reason to know was an employee of an urban mass transportation system, and which employee of an urban mass transportation system was then acting in his official capacity as An Employee Of An Urban Mass Transportation System
    Assault of an employee of an urban mass transportation system is committed when any person unlawfully attempts to commit a violent injury to the person of an employee of an urban mass transportation system or unlawfully commits an act which places An employee of an urban mass transportation system in reasonable apprehension of immediately receiving a violent injury, who he knew or had reason to know was an employee of an urban mass transportation system, and which employee of an urban mass transportation system was then acting in his official capacity as An Employee Of An Urban Mass Transportation System.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault of An employee of an urban mass transportation system, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}____________________________________________) cause bodily injury to,

5.      ______________________________, who was An employee of an urban mass transportation system acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________,
8.      who the Defendant ______________________________ (knew to be An employee of an urban mass transportation system) (had reason to know was An employee of an urban mass transportation system).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault of An employee of an urban mass transportation system, you may find ______________________________ guilty of Unlawful Assault of An employee of an urban mass transportation system as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault Of An Employee Of An Urban Mass Transportation System, you shall find the Defendant ______________________________ not guilty of Unlawful Assault Oof An Employee Of An Urban Mass Transportation System (and deliberate on the lesser included offense of Battery of An employee of an urban mass transportation system as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Battery of An employee of an urban mass transportation system, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:

1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________, being then An employee of an urban mass transportation system acting in his official capacity,
6.      and the Defendant ______________________________ (knew that ______________________________ was An employee of an urban mass transportation system) (had reason to know that ______________________________ was An employee of an urban mass transportation system).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of An employee of an urban mass transportation system, you may find ______________________________ guilty of Battery of An employee of an urban mass transportation system as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery, you shall find the Defendant ______________________________ not guilty of Battery of An employee of an urban mass transportation system (and deliberate on the lesser included offense of Assault of An employee of an urban mass transportation system as hereinafter instructed).

    Before the Defendant, ______________________________ can be convicted of Assault of An employee of an urban mass transportation system, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then An employee of an urban mass transportation system acting in his official capacity,
6.      who the Defendant ______________________________ (knew to be An employee of an urban mass transportation system) (had reason to know was An employee of an urban mass transportation system).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of An employee of an urban mass transportation system, you may find ______________________________ guilty of Assault of An employee of an urban mass transportation system as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of An employee of an urban mass transportation system, you shall find the Defendant ______________________________ not guilty.

COMMENT
UNLAWFUL ASSAULT
OF AN EMPLOYEE OF AN URBAN MASS TRANSPORTATION SYSTEM
(including lesser offenses)

1.      W.Va. Code §61-2-10b (b) through (e).
2.      State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 4
3.      +22, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________, being then An employee of an urban mass transportation system acting in his official capacity,
6.      and the Defendant ______________________________ (knew that ______________________________ was An employee of an urban mass transportation system) (had reason to know that ______________________________ was An employee of an urban mass transportation system).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of An employee of an urban mass transportation system, you may find ______________________________ guilty of Battery of An employee of an urban mass transportation system as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery, you shall find the Defendant ______________________________ not guilty of Battery of An employee of an urban mass transportation system (and deliberate on the lesser included offense of Assault of An employee of an urban mass transportation system as hereinafter instructed).

BATTERY
OF AN EMPLOYEE OF AN URBAN MASS TRANSPORTATION SYSTEM

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Battery of a An Employee Of An Urban Mass Transportation System. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Battery of a An Employee Of An Urban Mass Transportation System; and (2) not guilty.
    Battery of a An Employee Of An Urban Mass Transportation System is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of an employee of an urban mass transportation system, or unlawfully and intentionally causes physical harm to an employee of an urban mass transportation system who he knew or had reason to know was an employee of an urban mass transportation system, which employee of an urban mass transportation system was then acting in his official capacity as an employee of an urban mass transportation system.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Battery of a An Employee Of An Urban Mass Transportation System , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:

1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________ being then a An Employee Of An Urban Mass Transportation System acting in his official capacity
6.      and the Defendant ______________________________, (knew that ______________________________ was An Employee Of An Urban Mass Transportation System) (had reason to know that ____________________________ was a An Employee Of An Urban Mass Transportation System).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a An Employee Of An Urban Mass Transportation System, you may find ______________________________ guilty of Battery of a An Employee Of An Urban Mass Transportation System as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a An Employee Of An Urban Mass Transportation System, you shall find the Defendant ______________________________ not guilty.

COMMENT
BATTERY
OF A An Employee Of An Urban Mass Transportation System

1. W.Va. Code §61-2-10b(c).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

BATTERY
OF AN EMPLOYEE OF AN URBAN MASS TRANSPORTATION SYSTEM
(including lesser offenses)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Battery of a An Employee Of An Urban Mass Transportation System. One of three verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Battery of An Employee Of An Urban Mass Transportation System; (2) guilty of Assault of An Employee Of An Urban Mass Transportation System and (3) not guilty.
    Battery of An Employee Of An Urban Mass Transportation System is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of an employee of an urban mass transportation system, or unlawfully and intentionally causes physical harm to an employee of an urban mass transportation system, who he knew or had reason to know was an employee of an urban mass transportation system, which employee of an urban mass transportation system was then acting in his official capacity as an employee of an urban mass transportation system.     Assault of a An Employee Of An Urban Mass Transportation System is committed when any person unlawfully attempts to commit a violent injury to the An Employee Of An Urban Mass Transportation System or unlawfully commits an act which places An Employee Of An Urban Mass Transportation System in reasonable apprehension of immediately receiving a violent injury, who he knew or had reason to know was an employee of an urban mass transportation system, which employee of an urban mass transportation system was then acting in his official capacity as an employee of an urban mass transportation system.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Battery of An Employee Of An Urban Mass Transportation System , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________ being then a An Employee Of An Urban Mass Transportation System acting in his official capacity
6.      and the Defendant ______________________________, (knew that ______________________________ was An Employee Of An Urban Mass Transportation System) (had reason to know that ___________________________ was An Employee Of An Urban Mass Transportation System).
    If after impartially considering, weighing and comparing all the evidence, (both that

of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of An Employee Of An Urban Mass Transportation System, you may find ______________________________ guilty of Battery of An Employee Of An Urban Mass Transportation System as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of An Employee Of An Urban Mass Transportation System, you shall find the Defendant ______________________________ not guilty of Battery of An Employee Of An Urban Mass Transportation System(and deliberate on the lesser included offense of Assault of An Employee Of An Urban Mass Transportation System as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault of An Employee Of An Urban Mass Transportation System, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),

5.      ______________________________ being then a An Employee Of An Urban Mass Transportation System acting in his official capacity,
6.      who the Defendant (knew to be An Employee Of An Urban Mass Transportation System) (had reason to know was An Employee Of An Urban Mass Transportation System).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of An Employee Of An Urban Mass Transportation System, you may find ______________________________ guilty of Assault of An Employee Of An Urban Mass Transportation System as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of An Employee Of An Urban Mass Transportation System, you shall find the Defendant ______________________________ not guilty.

COMMENT
BATTERY
OF A An Employee Of An Urban Mass Transportation System
(including lesser offenses)
1. W.Va. Code §61-2-10b(c) through (e).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

ASSAULT
OF AN EMPLOYEE OF AN URBAN MASS TRANSPORTATION SYSTEM

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Assault of a An Employee Of An Urban Mass Transportation System. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Assault of a An Employee Of An Urban Mass Transportation System; and (2) not guilty.
    Assault of a An Employee Of An Urban Mass Transportation System is committed when any person unlawfully attempts to commit a violent injury to the person of a An Employee Of An Urban Mass Transportation System or unlawfully commits an act which places An Employee Of An Urban Mass Transportation System in reasonable apprehension of immediately receiving a violent injury, and the perpetrator knew the other person to be a An Employee Of An Urban Mass Transportation System or had reason to know he was a An Employee Of An Urban Mass Transportation System, and which Employee Of An Urban Mass Transportation System was then acting in his official capacity An Employee Of An Urban Mass Transportation System.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Assault of a An Employee Of An Urban Mass Transportation System , the State of West Virginia must overcome the presumption that the Defendant,

______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a An Employee Of An Urban Mass Transportation System acting in his official capacity
6.      and the Defendant ______________________________, (knew that ______________________________ was a An Employee Of An Urban Mass Transportation System) (had reason to know that ______________________________ was a An Employee Of An Urban Mass Transportation System).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a An Employee Of An Urban Mass Transportation System, you may find ______________________________ guilty of Assault of a An Employee Of An Urban Mass Transportation System as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a An Employee Of An Urban Mass Transportation System, you shall find the Defendant ______________________________ not guilty.

COMMENT
ASSAULT
OF A An Employee Of An Urban Mass Transportation System

1. W.Va. Code §61-2-10b(d).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

MALICIOUS ASSAULT OF A
(HUMANE OFFICER),(EMERGENCY MEDICAL SERVICE PERSONNEL) (FIREFIGHTER) (STATE FIRE MARSHALL OR EMPLOYEE)

______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) . One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) ; and (2) not guilty.
    Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) is committed when any person maliciously shoots, stabs, cuts or wounds or by some other means causes bodily injury to a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) with the intent to kill or permanently maim, disfigure or disable the (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) , who he knew or had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) was then acting in his or her official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee)
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) , the State of West Virginia must
overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}_________________________________________ cause bodily injury to,
5.      ______________________________, who was then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) acting in his or her official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________, who was then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) ,
8.      who the Defendant (knew to be a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) ) (had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State

Fire Marshall or Employee) ).
If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) , you may find ______________________________ guilty of Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) , you shall find the Defendant ______________________________ not guilty.

COMMENT
MALICIOUS ASSAULT
OF A (Humane Officer, Emergency Medical Service Personnel,
Firefighter, State Fire Marshall or Employee

1. W.Va. Code §61-2-10b (a).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

MALICIOUS ASSAULT
OF A (HUMANE OFFICER) (EMERGENCY MEDICAL SERVICE PERSONNEL)
(FIREFIGHTER) (STATE FIRE MARSHALL OR EMPLOYEE)
(including lesser offenses)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee). One of five verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee); (2) guilty of Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee); (3) guilty of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee); (4) guilty of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) and (5) not guilty.
    Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) is committed when any person maliciously shoots, stabs, cuts or wounds or by some other means causes bodily injury to a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) with the intent to kill or permanently maim, disfigure or disable the (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), who he knew or had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) was then acting in his official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) is committed when any person unlawfully, but not maliciously, shoots, stabs, cuts, wounds or by some other means causes bodily injury to a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) with the intent to kill or permanently maim, disfigure or disable the (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), who he knew or had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) was then acting in his official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) or unlawfully and intentionally causes physical harm to the person of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), who he knew or had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) was then acting in his official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) is committed when any person unlawfully attempts to commit a violent injury to the person of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) or unlawfully commits an act which places a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) in reasonable apprehension of immediately receiving a violent injury, who he knew or had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) was then acting in his official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,

2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}________________________________________) cause bodily injury to,
5.      ______________________________, who was then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________,
8.      who the Defendant (knew to be a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) (had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), you may find ______________________________ guilty of Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), you shall find the Defendant ______________________________ not guilty of Malicious Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee)(and deliberate on the lesser included offense of Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}__________________________________________) cause bodily injury to,
5.      ______________________________, who was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________,
8.      who the Defendant ______________________________ (knew to be a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) (had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), you may find ______________________________ guilty of Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee), you shall find the Defendant ______________________________ not guilty of Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) (and deliberate on the lesser included offense of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________, being then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) acting in his official capacity,
6.      and the Defendant ______________________________ (knew that ______________________________ was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) (had reason to know that ______________________________ was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), you may find ______________________________ guilty of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery, you shall find the Defendant ______________________________ not guilty of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee)) (and deliberate on the lesser included offense of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) acting in his official capacity,
6.      who the Defendant ______________________________ (knew to be a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) (had reason to know was a (Humane Officer) (Emergency Medical

Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), you may find ______________________________ guilty of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), you shall find the Defendant ______________________________ not guilty.

COMMENT
MALICIOUS ASSAULT OF A
(Humane Officer) (Emergency Medical Service Personnel)
(Firefighter) (State Fire Marshall Or Employee)
(including lesser offenses)

1. W.Va. Code §61-2-10b (a) through (e).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

UNLAWFUL ASSAULT
OF A (HUMANE OFFICER) (EMERGENCY MEDICAL SERVICE PERSONNEL)
(FIREFIGHTER) (STATE FIRE MARSHALL OR EMPLOYEE)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Unlawful Assault Of A (Humane Officer) ( Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee). One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) and (2) not guilty.
    Unlawful Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) is committed when any person unlawfully but not maliciously shoots, stabs, cuts or wounds or by some other means causes bodily injury to a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) with the intent to kill or permanently maim, disfigure or disable the (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee), who he knew or had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) was then acting in his official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee).
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee), the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and but not maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}_________________________________________) cause bodily injury to,
5.      ______________________________, who was then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________, who was then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee),
8.      who the Defendant (knew to be a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) (had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee), you may find ______________________________ guilty of Unlawful Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) as charged in Count _____ of the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee), you shall find the Defendant ______________________________ not guilty.

COMMENT
UNLAWFUL ASSAULT
OF A Humane Officer, Emergency Medical Service Personnel,
Firefighter, State Fire Marshall Or Employee

1. W.Va. Code §61-2-10b (a) through (e).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

UNLAWFUL ASSAULT
OF A (HUMANE OFFICER) (EMERGENCY MEDICAL SERVICE PERSONNEL)
(FIREFIGHTER) (STATE FIRE MARSHALL OR EMPLOYEE)
(including lesser offenses)
______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Unlawful Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee). One of four verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Assault Of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee); (2) guilty of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee); (3) guilty of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee); and (4) not guilty.
    Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) is committed when any person unlawfully, but not maliciously, shoots, stabs, cuts, wounds or by some other means causes bodily injury to a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) with the intent to kill or permanently maim, disfigure or disable the (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), who he knew or had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) was then acting in his official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) or unlawfully and intentionally causes physical harm to the person of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), who he knew or had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) was then acting in his official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) is committed when any person unlawfully attempts to commit a violent injury to the person of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) or unlawfully commits an act which places a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) in reasonable apprehension of immediately receiving a violent injury, and the perpetrator knew or had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) was then acting in his official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully but not maliciously (cut) (stab) (wound) (shoot) _{(or describe other means}____________________________________________) cause bodily injury to,
5.      ______________________________, who was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) acting in his official capacity,
6.      with the intent to (kill) (permanently maim) (permanently disfigure) (permanently disable),
7.      ______________________________,
8.      who the Defendant ______________________________ (knew to be a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) (had reason to know was a (Humane Officer) (Emergency Medical     Service Personnel) (Firefighter), (State Fire Marshall Or Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), you may find ______________________________ guilty of Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) )Firefighter) (State Fire Marshall Or Employee), you shall find the Defendant ______________________________ not guilty of Unlawful Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) (and deliberate on the lesser included offense of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________, being then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) acting in his official capacity,
6.      and the Defendant ______________________________ (knew that ______________________________ was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) (had reason to know that ______________________________ was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), State Fire Marshall Or Employee, you may find ______________________________ guilty of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), State Fire Marshall Or Employee as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery, you shall find the Defendant ______________________________ not guilty of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) (and deliberate on the lesser included offense of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) acting in his official capacity,
6.      who the Defendant ______________________________ (knew to be a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) (had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), you may find ______________________________ guilty of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), you shall find the Defendant __________________________ not guilty.

COMMENT
UNLAWFUL ASSAULT
OF A Humane Officer, Emergency Medical Personnel,
Firefighter, State Fire Marshall Or Employee
(including lesser offenses)

1. W.Va. Code §61-2-10b (b) through (e).
2. State v. Vandevender, 438 S.E. 2d 24 (W.Va. 1993); State v. George, 185 W.Va. 539, 408 S.E. 2d 291 (1991); State v. Julius, 185 W.Va. 422, 408 S.E. 2d 1 (1991); State v. Scotchel, 168 W.Va. 548, 285 S.E. 2d 384 (1981); State v. Daniel, 144 W.Va. 551, 109 S.E. 2d 32 (1959); State v. King, 140 W.Va. 362, 84 S.E. 2d 313 (1954); State v. Stalnaker, 138 W.Va. 30, 76 S.E. 2d 906 (1953); State v. Currey, 133 W.Va. 676, 57 S.E. 2d 718 (1950); State v. Craft, 131 W.Va. 195, 47 S.E. 2d 681 (1948); State v. Mowery, 115 W.Va. 445, 176 S.E. 851 (1934); McComas v. Warth, 113 W.Va. 163, 167 S.E. 96 (1932); State v. Taylor, 105 W.Va. 298, 142 S.E. 254 (1928); State v. Scaggs, 99 W.Va. 689, 129 S.E. 705 (1925); State v. Coontz, 94 W.Va. 59, 117 S.E. 701 (1923); State v. Meadows, 18 W.Va. 658 (1881); State v. Newson, 13 W.Va. 859 (1878).

BATTERY
OF A (HUMANE OFFICER) (EMERGENCY MEDICAL SERVICE PERSONNEL)
(FIREFIGHTER) (STATE FIRE MARSHALL OR EMPLOYEE)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) . One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) and (2) not guilty.
    Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) or unlawfully and intentionally causes physical harm to the person of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), who he knew or had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) was then acting in his official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) .
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________ being then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) acting in his official capacity
6.      and the Defendant ______________________________, (knew that ______________________________ was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) (had reason to know that ______________________________ was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) ).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) , you may find ______________________________ guilty of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) , you shall find the Defendant ______________________________ not guilty.

COMMENT
BATTERY
OF A (HUMANE OFFICER), (EMERGENCY MEDICAL SERVICE PERSONNEL)
(FIREFIGHTER) (STATE FIRE MARSHALL OR EMPLOYEE)

1. W.Va. Code §61-2-10b(c).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

BATTERY
OF A (HUMANE OFFICER) (EMERGENCY MEDICAL SERVICE PERSONNEL)
(FIREFIGHTER) (STATE FIRE MARSHALL OR EMPLOYEE)
(including lesser offenses)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee). One of three verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee); (2) guilty of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) and (3) not guilty.
    Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) or unlawfully and intentionally causes physical harm to the person of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), who he knew or had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) was then acting in his official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) is committed when any person unlawfully attempts to commit a violent injury to the person of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) or unlawfully commits an act which places a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall or Employee) in reasonable apprehension of immediately receiving a violent injury, and the perpetrator knew or had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee), and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) was then acting in his official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____

4.      did unlawfully and intentionally (make physical contact of an insulting or provoking nature with the person of ______________________________) (cause physical harm to the person of ______________________________),
5.      ______________________________ being then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) acting in his official capacity
6.      and the Defendant _________________________, (knew that ______________________________ was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) (had reason to know that ______________________________ was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), you may find ______________________________ guilty of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), you shall find the Defendant ___________________________ not guilty of Battery of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee)(and deliberate on the lesser included offense of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      did unlawfully (commit an act which placed _____________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) acting in his official capacity,
6.      who the Defendant (knew to be a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee)) (had reason to know was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee)).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), you may find ______________________________ guilty of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee) as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee), you shall find the Defendant ____________________________ not guilty.

COMMENT
BATTERY
OF A (Humane Officer) (Emergency Medical Service Personnel)
(Firefighter) (State Fire Marshall Or Employee)
(including lesser offenses)
1. W.Va. Code §61-2-10b(c) through (e).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).

ASSAULT
OF A (HUMANE OFFICER) (EMERGENCY MEDICAL SERVICE PERSONNEL)
(FIREFIGHTER) (STATE FIRE MARSHALL OR EMPLOYEE)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Assault of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee). One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Assault of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) ; and (2) not guilty.
    Assault of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) is committed when any person unlawfully attempts to commit a violent injury to the person of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) or unlawfully commits an act which places A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) in reasonable apprehension of immediately receiving a violent injury, and the perpetrator knew the other person to be a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) or had reason to know he was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) , and which (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) was then acting in his official capacity as a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter) (State Fire Marshall Or Employee).
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Assault of a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) , the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____
4.      did unlawfully (commit an act which placed ______________________________ in reasonable apprehension of receiving a violent injury) (attempt to commit a violent injury to the person of ______________________________),
5.      ______________________________ being then a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) acting in his official capacity
6.      and the Defendant ______________________________, (knew that ______________________________ was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee ) (had reason to know that ______________________________ was a (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee ).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Assault of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), State Fire Marshall Or Employee , you may find ______________________________ guilty of Assault of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), State Fire Marshall Or Employee as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault of A (Humane Officer) (Emergency Medical Service Personnel) (Firefighter), (State Fire Marshall Or Employee) , you shall find the Defendant ________________________ not guilty.

COMMENT
ASSAULT
Of A (Humane Officer) (Emergency Medical Service Personnel)
(Firefighter), (State Fire Marshall Or Employee)

1. W.Va. Code §61-2-10b(d).
2. State v. Smith, 170 W.Va. 654, 295 S.E. 2d 820 (1982).