instructions that mirror the statutory language of the appropriate subdivision, then as applicable, that element must be included in the For instances where marriage to the complainant is a court’s charge. defense, the instructions contain a note indicating the circumstances under which the defense applies; if the defense is in issue, the married to “not the element must be included in the [complainant]” court’s charge.
instructions that mirror the statutory language of the appropriate subdivision, then as applicable, that element must be included in the court’s charge. For instances where marriage to the complainant is a defense, the instructions contain a note indicating the circumstances under which the defense applies; if the defense is in issue, the “not married to the [complainant]” element must be included in the court’s charge.
130.20(2).OSI-Incapacity.docx