Instruction No. [Insert Number]
The defendant is charged with the crime of [assault; assault and battery] of a [law-enforcement officer, correctional officer; person employed by the Department of Corrections directly involved in the care, treatment, or supervision of inmates in the custody of the Department; firefighter] ; engaged in the performance of [his; her] public duties. The Commonwealth must prove beyond a reasonable doubt each of the following elements of that crime:
(1) That the defendant committed an [assault; assault and battery] against [name of person] ; and
(2) That the defendant knew or had reason to know, when [he; she] committed the [assault; assault and battery] that [name of person] was a [law-enforcement officer, correctional officer; person employed by the Department of Corrections directly involved in the care, treatment, or supervision of inmates in the custody of the Department; firefighter] ; and
(3) That [name of person] was engaged in the performance of [his; her] public duties as a [law-enforcement officer, correctional officer; person employed by the Department of Corrections directly involved in the care, treatment, or supervision of inmates in the custody of the Department; firefighter] at the time the defendant committed the [assault; assault and battery] .
If you find that the Commonwealth has proved beyond a reasonable doubt each of the above elements of the offense as charged, then you shall find the defendant guilty of [assault; assault and battery] of a [law-enforcement officer, correctional officer; person employed by the Department of Corrections directly involved in the care, treatment, or supervision of inmates in the custody of the Department; firefighter] , but you shall not fix the punishment until your verdict has been returned and further evidence has been heard by you.
If you find that the Commonwealth has proved beyond a reasonable doubt the first element of the offense as charged, but you find that the Commonwealth has failed to prove beyond a reasonable doubt either or both of the remaining elements, you shall find the defendant guilty of [assault; assault and battery] but you shall not fix the punishment until your verdict has been returned and further evidence has been heard by you.
If you find that the Commonwealth has failed to prove beyond a reasonable doubt any one or more of the above offenses, then you shall find the defendant not guilty.