DD, TF, 3 years, E-1. (Category 2)

In that __________ (personal jurisdiction data), did, (at/on board—location), (on or about __________) (from about __________ to about __________), engage in a course of conduct directed at __________, that would cause a reasonable person to fear (death) (bodily harm, to wit: __________), to (himself) (herself) (a member of (his) (her) immediate family) ((his) (her) intimate partner) ((his)(her) dating partner); that the accused knew or should have known that the course of conduct would place __________ in reasonable fear of (death) (bodily harm, to wit: __________) to (himself) (herself) (a member of (his) (her) immediate family) ((his) (her) intimate partner) ((his)(her) dating partner); and that the accused’s conduct placed _________ in reasonable fear of (death) (bodily harm, to wit: __________) to (himself) (herself) (a member of (his) (her) immediate family) ((his) (her) intimate partner) ((his)(her) dating partner).

(1) That (state the time and place alleged), the accused wrongfully engaged in a course of conduct directed at (state the name of alleged victim), that is: (state the conduct alleged), that would cause a reasonable person to fear death or bodily harm (,including sexual assault,) to himself/herself, to a member of his/her immediate family, to his/her intimate partner, or to his/her dating partner;

(2) That the accused knew, or should have known, that (state the name of alleged victim) would be placed in such fear; and

(3) That the accused’s conduct induced a reasonable fear in (state the name of alleged victim) of death or bodily harm (,including sexual assault,) to himself/herself, a member of his/her immediate family, his/her intimate partner, or his/her dating partner.

“Conduct” means conduct of any kind, including use of surveillance, the mails, an interactive computer service, an electronic communications service, or an electronic communication system.

“Course of Conduct” means a repeated maintenance of visual or physical proximity to a specific person; a repeated conveyance of verbal threats, written threats, or threats implied by conduct, or a combination of such threats, directed at or towards a specific person; or a pattern of conduct composed of repeated acts evidencing a continuity of purpose.

“Threat” means a communication, by words or conduct, of a present determination or intent to cause bodily harm to a specific person, an immediate family member of that person, or intimate partner of that person, presently or in the future. The threat may be made directly to or in the presence of the person it is directed at or towards, or the threat may be conveyed to such person in some manner. Proof that the accused actually intended to cause bodily harm is not required.

“Repeated” means on two or more occasions.

(“Immediate family” means a person’s spouse, parent, brother, sister, child, or other person to whom one stands in loco parentis; or any other person living in one’s household and related to them by blood or marriage.)

(“Intimate partner” means a former spouse of the specific person, a person who shares a child in common with the specific person, or a person who cohabits with or has cohabited as a spouse with the specific person; or a person who has been in a social relationship of a romantic or intimate nature with the specific person, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.)

(The term ‘dating partner,’ in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of- (A) the length of the relationship; (B) the type of the relationship; (C) the frequency of interaction between the persons involved in the relationship; and (D) the extent of physical intimacy or sexual contact between the persons involved in the relationship.”) The relative weight given to each of the named criteria in making the “dating partner” determination may vary depending on the facts and circumstances presented.

“Bodily harm” means any offensive touching of another, however slight (, including sexual assault).

“Wrongful” means without legal justification or authorization.

I have instructed you that you must be satisfied beyond a reasonable doubt that the accused knew, or should have known, that (state the name of alleged victim) would be placed in reasonable fear of death or bodily harm to (himself/herself) (a member of his/her immediate family) (his/her intimate partner). This element may be proved by circumstantial evidence.

The accused had the required knowledge if (he) (she) actually knew that (state the name of alleged victim) would be placed in reasonable fear of death or bodily harm to (himself/herself) (a member of his/her immediate family) (his/her intimate partner) by the accused’s course of conduct.

(To prove “should have known,” the government must establish that the circumstances were such as would have caused a reasonable person in the same or similar circumstances to know that (state the name of the alleged victim) would be placed in reasonable fear of death or bodily harm to (himself/herself) (a member of his/her immediate family) (his/her intimate partner) by the accused’s course of conduct. In deciding this issue, you must consider all relevant facts and circumstances.)

(To prove “should have known,” the government must prove beyond a reasonable doubt that the accused consciously disregarded a substantial risk that (state the name of alleged victim) would be placed in reasonable fear of death or bodily harm to (himself/herself) (a member of his/her immediate family) (his/her intimate partner) by the accused’s course of conduct.)