2.03 Definition Of Lesser Offense

• Currency: 2023
• Year: 2023
• Section: Chapter 2 Defining The Crime And Related Matters

2.03 DEFINITION OF LESSER OFFENSE

(1) If you find the defendant not guilty of _________ [or if after making every reasonable effort

to reach a unanimous verdict on that charge, you find that you cannot agree], then you must go

on to consider whether the government has proved the lesser charge of ________.

(2) The difference between these two crimes is that to convict the defendant of the lesser charge

of ________ , the government does not have to prove ________. This is an element of the

greater charge, but not the lesser charge.

(3) For you to find the defendant guilty of the lesser charge, the government must prove each

and every one of the following elements beyond a reasonable doubt:

(A) First, that the defendant [fully define the prohibited acts and/or results required to

convict].

(B) Second, that he did so [fully define the mental state required to convict].

[(C) Third, that [fully define any other elements required to convict].]

[(4) Insert applicable definitions of terms used here.]

(5) If you are convinced that the government has proved all of these elements, say so by

returning a guilty verdict on this charge. If you have a reasonable doubt about any one of these

elements, then you must find the defendant not guilty of this charge.

[(6) Insert applicable explanations of any matters not required to convict here.]

Use Note

The bracketed language in paragraph (1) should be added if the court believes that the

jurors should be permitted to consider a lesser offense even though they have not unanimously

acquitted the defendant of the charged offense.

Bracketed paragraph (3)(C) should be included when the crime cannot be broken down

neatly into two elements. Additional paragraphs should be added as needed to cover all the

elements.

Bracketed paragraph (4) should be included when terms used in paragraphs (3)(A-C)

require further explanation.

Bracketed paragraph (6) should be included when it would be helpful to explain matters

that need not be proved in order to convict. When used, a final sentence should be included for

balance emphasizing what it is that the government must prove to convict.