South Carolina Jury Instruction Aboutou— - Knowingly - Only When Willfulness or Specific Intent is Not an Element is a legal instruction that may be given to a jury in a criminal trial in South Carolina. This instruction is used when the offense in question does not require the defendant to have acted with willfulness or specific intent. The phrase "on or about" in this instruction indicates that it is not necessary for the prosecution to prove the exact date or time of the alleged offense. Rather, it is sufficient to prove that the offense occurred around the stated time frame. The term "knowingly" in this context means that the defendant was aware of the circumstances or had knowledge of the facts related to the offense. To establish guilt, the prosecution must demonstrate beyond a reasonable doubt that the defendant had such knowledge. It is important to note that this instruction is applicable only when willfulness or specific intent is not an element of the offense being charged. Some crimes, such as murder or theft, require the prosecution to prove that the defendant acted with a specific intent or purpose. In such cases, this instruction would not be relevant. There may be variations or other types of South Carolina Jury Instructions related to the "On or about — Knowingly" instruction. Some possible variations include: 1. South Carolina Jury Instruction Aboutou— - Recklessly - Only When Willfulness or Specific Intent is Not an Element: This instruction may be given when the offense in question requires the prosecution to establish that the defendant acted recklessly, rather than willfully or with specific intent. 2. South Carolina Jury Instruction Aboutou— - Negligently - Only When Willfulness or Specific Intent is Not an Element: This instruction may be applicable in cases where the offense requires proof of negligent conduct, rather than willful or intentional behavior. 3. South Carolina Jury Instruction Aboutou— - Knowingly or Intentionally — Only When Willfulness or Specific Intent is Not an Element: This instruction may be used when the prosecution is required to establish either knowledge or intent as an element of the offense, but not willfulness or specific intent. In summary, the South Carolina Jury Instruction Aboutou— - Knowingly - Only When Willfulness or Specific Intent is Not an Element is a legal instruction that allows the jury to consider a defendant's knowledge or awareness of the offense, without requiring proof of willfulness or specific intent. Different variations of this instruction may be used depending on the specific elements of the crime charged.
South Carolina Jury Instruction - On or about - Knowingly - Only When Willfulness or Specific Intent is Not an Element
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