(Modified upon denial of rehearing 10/19/20.) Defendant was convicted, after jury trial, of aggravated battery to a peace officer Court erred in refusing to give jury instruction on the lesser-included offense of resisting a peace officer. At least some evidence in record supports a possible conviction for resisting and acquittal for aggravated battery. To support a conviction for an offense with the mens rea of knowledge, it is not enough that the Defendant knowingly commits the alleged action (here, kicking); instead, Defendant must commit the action with knowledge that the particular result (here, either insulting or provoking contact, or resisting) will follow. Circumstances permit a rational jury to enter a verdict on the lesser-included offense of obstructing a peace officer, and to conclude that evidence was insufficient to show that Defendant knew his kicking would make contact of an insulting or provoking nature. (WALKER, concurring; PIERCE, dissenting.)
Illinois Appellate Court
Criminal Court
Jury Instructions