I re-listened to the jury instructions and typed out all the charges. I like to have them infront of me when the verdict is read. posting them here in case others like doing that as well.
my apologies for the typos
Charge >> sexual offense with a child:
did the defendant engage with a sexual act with the child (penetration of genetal opening/area with any object)
the time of the act, the victim was a child under 13
the time of the act the defendant was at least 18
if all the above is found, the defendant is to be found Guilty of this offense
Charge >>1st deg kidnapping:
did the def. unlawfully imprison in an area or restrain a person from movement
victim was under 16
def restrained the person for the purpse of either/all:
a) terrorizing (high degree of fear)
b) facilitating his comission of sexual offense with a child
c) doing serious bodily injury to the victim
the person had been sexually assaulted OR had been seriously injured
If all of the above are found, the def is to be found Guilty of 1st degree kidnapping.
Charge >>Felonious child abuse - inflicting serious bodily injury
- def. was person providing care to child
- the child was under 16
- the def. without excuse intentionally assaulted the child which resulted in serious bodily injury (a bodily injry that causes death or perm. disfurement, imparement, or prolonged hospitalization.)
if all of the above are found to be true, the def. must be found Guilty for felonious child abuse - inflicting serious bodily injury
Charge >> 1st Degree Murder
- Guilty of 1st deg
>>1st Degree Murder- BY TORTURE
2 things must be proven
- def. intentionally tortured victim (enflict grevious pain and suffering on victim for sadistic pleasure, repeated over a period of time, however short. a plan was in the mind of def. to inflict pain.
- torture was cause of victim's death
>>1st Degree Murder - prepration of sexual offense with a cild
these things must be proven:
- def. commited sexual offense with a child
- while commiting sexual offense with a child, def. killed victim
- approximate cause of murder - death was direct result of abuse - No break in chain of events.
>>>1st Degree Murder-1st degree kidnapping
Same qualifying factors as 1st degree kidnapping above
>>>1st Degree Murder- Felonious child abuse causing serious bodily harm using a weapon
same qualifying factors as Felonious child abuse causing serious bodily harm as above
(For hands to be considered weapons, size of hands must be taken into consideration for the acts in which they were used.)
If not found guilty of 1st deg. murder next option is:
Guilty of 2nd
Unlawful killing of a human with malice
5 things must be proven
- victim rec'd fatal injury
- injury was approx. cause of death
- injury was inflicted intentionally (all injuries and various stages of healing, all evidence shown can be used to make determination)
- the def. inflicted these injuries
- the def. acted with malice
If all of the above are met, def. must be found Guilty of 2nd degree murder
- G of invol. manslaughter
- Not guilty