CR07-156                   01/20/16

DIMINISHED CAPACITY (mental condition)

(Def)_______________ is charged with (crime charged)_______________, which requires the State to prove that [he] [she] acted with the specific intent to (specific intent)_______________.  If you decide that at the time of the offense [he] [she] was suffering from a mental condition which prevented [him] [her] from forming this intent, then [he] [she] is not guilty of this crime.  The cause of the mental condition is not relevant.

You must consider all the evidence on this issue.  If you have a reasonable doubt about whether (Def)_______________ was capable of forming the required intent, then you must give [him] [her] the benefit of that doubt and find [him] [her] not guilty of (crime charged)_______________.  However, if you are convinced beyond a reasonable doubt that [he] [she] could form the required intent, and that [he] [she] actually did so, then this essential element has been met.  In that case, you must consider whether the other essential elements of the offense have been proven.