Vermont Model Criminal Jury Instructions CR20-311

The State has charged (Def)_______________ with burning personal property to defraud the insurer, 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 [his own] [her own] personal property [belonging to another];

(3) [he] [she] acted wilfully in burning the personal property;

(4) at the time, the property was insured against loss or damage by fire; and

(5) (Def)_______________ burned the property with an intent to [injure] [defraud] the insurer.

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

The second essential element is that (Def)_______________ burned [his own] [her own] personal property [belonging to another]. The State must have proven that part of the property was burned, but the State need not have proven that all of it was damaged. The burning of any part of the property, no matter how small, is all that is required. [Part of the material of the property itself must have been damaged. It is not enough for the State to have proven that part of it was blackened by smoke.]

Here the State alleges that (Def)_______________ burned (property)_______________ by (specific acts)__________________.

The third essential element is that (Def)_______________ acted wilfully in burning the property. When a fire occurs and property 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)_______________ burned the property wilfully. 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. 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.

The fourth essential element is that, when the property burned, it was insured against loss or damage by fire.

The last essential element is that (Def)_______________ burned the property with an intent to [injure] [defraud] the insurer. Here the word intent means that (Def)_______________ acted with a conscious objective of recovering money from the insurance company, and that [he] [she] did not burn the property inadvertently, or because of mistake, or by accident. [To injure the insurance company means for the owner to obtain money from the insurer when [he] [she] is not entitled to do so under the terms of the policy.] [To defraud the insurance company means for the owner to obtain money from the insurer based on a misrepresentation of material facts.] Again, 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.