Vermont Model Criminal Jury Instructions CR09-331

The State has charged (Def)_______________ with being an accessory after the fact, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. Here the essential elements are as follows:

(1) (Def)_______________;

(2) knew that another person, namely (offender)_______________, had committed a crime;

(3) the crime committed by (offender)_______________ was a felony;

(4) (Def)_______________ [harbored] [concealed] [maintained] [assisted] (offender)_______________, thereby helping [him] [her] to avoid or escape arrest or punishment for the felony;

(5) (Def)_______________ acted with an intention of helping (offender)_______________ avoid or escape arrest or punishment for the felony; and

(6) at that time, [he] [she] did not stand in the relation of husband, wife, grandparent, child, grandchild, brother, or sister, by consanguinity or affinity to (offender)_______________.

The first element is that (Def)_______________ is the person who committed the acts charged.

The second element is that (Def)_______________ knew (offender)_______________ had committed a crime. Here the State alleges that (offender)_______________ had committed the crime of (crime)_______________.

[insert elements and explanation of the crime that offender is alleged to have committed.]

The third element is that the crime committed by (offender)_______________ was a felony in Vermont. As a matter of law, the crime of _______________ is a felony in Vermont. The State does not have to prove that (Def)_______________ knew that the (crime)_______________ was a felony, nor does the State have to prove that (offender)_______________ was convicted of the (crime)_______________.

The fourth element is that (Def)_______________ [harbored] [concealed] [maintained] [assisted] (offender)_______________, and thereby helped [him] [her] to avoid or escape arrest or punishment for the felony. Here the State alleges that (Def)_______________ [harbored] [concealed] [maintained] [assisted] (offender)_______________ by (specific acts)_______________.

The fifth element is that, when (Def)_______________ [harbored] [concealed] [maintained] [assisted] (offender)_______________, [he] [she] acted with the intention of helping (offender)_______________ avoid or escape arrest or punishment. [He] [She] must have acted purposely, and not inadvertently, because of mistake, or by accident. You may find that [he] [she] acted intentionally if it was [his] [her] conscious objective to help (offender)_______________ avoid or escape arrest or punishment. The State need not have proven that (Def)_______________ succeeded in helping (offender)_______________ avoid or escape arrest or punishment.

The last element is that (Def)_______________ did not stand in the relation of husband, wife, grandparent, child, grandchild, brother, or sister, by consanguinity or affinity to (offender)_______________. To be related by consanguinity means to be related by blood. To be related by affinity means to be related by marriage, civil union, or adoption.

All of the elements must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)________________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.