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Vermont Model Criminal Jury Instructions CR10-987

Definition of “without consent” (i.e. consent of the custodian)

activein force · 2001-11-29 – presentas-observed

A person’s custodian is someone who has legal care and control over that person. [An action is without consent if it is accomplished without the custodian’s knowledge and specific permission.] [An action is without consent if the custodian acquiesced in response to force, threat, or deception. Force means constraining power, compulsion, or strength directed at another, to accomplish an end. Threat means a declaration of intention or determination to inflict punishment, loss, or pain, on another, or to injure another by the commission of some unlawful act. Deception is the act of deceiving; it is an intentional misleading by falsehood, spoken or acted.]

History

Vermont Model Criminal Jury Instructions CR10-987 (11/29/01). Prepared by the Vermont Model Criminal Jury Instructions committee; published on vtjuryinstructions.org, sponsored by the Vermont Bar Association. The committee states that the instructions have not been approved by the Vermont Supreme Court.

Provenance

Source
vtjuryinstructions.org
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
d87547097e3858321b2f9451cf80a6bbfee49c0e554dfff9355967da225128f4
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