If you find the defendant not guilty of aggravated assault. You should consider the lesser included offense of simple assault. In order for you to find the defendant guilty of this lesser included offense, the State must prove the essential elements of this offense beyond a reasonable doubt. That the defendant attempted to cause or actually caused bodily injury to another. That the defendant acted purposely, or knowingly or recklessly .
Bodily injury is defined as physical pain, illness or any impairment of the physical condition.
In conclusion, no defendant may be found guilty of an offense, unless the State has proven each element of the offense beyond a reasonable doubt. If the State has failed to prove any element beyond a reasonable doubt, you must find the defendant not guilty. On the other hand, if the State has proven the crime charged and each of its elements beyond a a reasonable doubt, you must find the defendant guilty. Harassment is a lesser-included offense of Simple Assault. Simple Assault is not a lesser-included of Sexual Assault or Criminal Sexual Contact.