What Is the Definition of Aggravated Battery ?
The term "aggravated battery" as used in these instructions, is defined as the infliction of serious physical abuse upon the victim, by depriving him of a member of his body, or by rendering a member of his body useless, or by seriously disfiguring his body or a member thereof.
The State has the burden to prove, beyond a reasonable doubt, the existence of this aggravating circumstance.
Each of the following elements of the aggravating circumstance are proven by the evidence:
(1) That the victim suffered an aggravated battery to his person, inflicted by the defendant.
(2) That the defendant, at the time that he inflicted the aggravated battery upon the victim, had the specific intention, design or purpose of maliciously inflicting unnecessary pain to the victim.
Unless the jury finds that each of the above two elements has been proven by the evidence, beyond a reasonable doubt, then it must give the defendant the benefit of the doubt and find that this aggravating circumstance does not exist.