Vermont Model Criminal Jury Instructions CR20-111

The State has charged (Def)_______________ with second degree arson, 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. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) [[burned] [set fire to] a [building] [structure]] [caused a [building] [structure] to be burned]

[[aided] [counseled] [procured] the burning of a [building] [structure]]; and

(3) (Def)_______________ acted wilfully and maliciously in

[[burning] [setting fire to] the [building] [structure]]

[causing the [building] [structure] to be burned]

[[aiding] [counseling] [procuring] the burning of the [building] [structure]].

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

The second essential element is that (Def)_______________ [[burned] [set fire to] a [building] [structure]] [caused a [building] [structure] to be burned] [[aided] [counseled] [procured] the burning of a [building] [structure]], specifically (building or structure)_______________. [The term structure means an assembly of materials for occupancy or use, including, but not limited to, a building, mobile home or trailer, billboard, sign, wall or fence.] The State must have proven that part of the [building] [structure] was burned, but the State need not have proven that the entire [building] [structure] was damaged. The burning of any part of the [building] [structure], no matter how small, is all that is required. [Part of the material of the [building] [structure] itself must have been damaged. It is not enough for the State to have proven that part of the [building] [structure] was blackened by smoke.]

[Here aiding means that (Def)_______________ helped in [burning [setting fire to] the [building] [structure].]

[Here the word procure means to arrange for another person to burn the [building] [structure].]

[Here the word counsel means to instigate or encourage another person to burn the [building] [structure].]

[If the charge is aiding, counseling or procuring the burning of the building or structure, the court should include an instruction on accomplice liability, either here or elsewhere. See CR09-301.]

Here the State alleges that (Def)_______________ [[burned] [set fire to] a (building or structure)_______________] [caused a (building or structure)_______________ to be burned] [[aided] [counseled] [procured] the burning of (building or structure)_____________] by (specific acts)__________________.

The last essential element is that (Def)_______________ acted wilfully and maliciously in [[burning] [setting fire to] the [building] [structure]] [causing the [building] [structure] to be burned] [[aiding] [counseling] [procuring] the burning of the [building] [structure]]. When a fire occurs and a [building] [structure] burns and nothing more appears, you must presume that the fire was the result of an accident or some natural cause, rather than the result of a crime. On the other hand, an intentional burning may be proven by circumstantial evidence. Here the State must have proven that (Def)_______________ acted with a wilful and malicious intent to [burn] [set fire to] the [building] [structure].

To act wilfully means to act intentionally. In other words, it means to do an act on purpose, and not inadvertently, because of mistake, or by accident.

To act maliciously means to act intentionally and without legal justification. It does not necessarily mean to act with personal hate or ill will.

The intent with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

All of the elements of the offense 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.