Vermont Model Criminal Jury Instructions CR21-011

The State has charged (Def)_______________ with assault and robbery, causing bodily injury, 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) caused bodily injury to (victim)_______________, by (specific acts)_______________;

(3) [he] [she] did so [purposely] [knowingly] [recklessly];

(4) [he] [she] also took money or other property which may be the subject of larceny from the [person] [presence] of (victim)_______________; and

(5) [he] [she] took the money or other property with the intent to deprive (victim)_______________ of it permanently.

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

The second essential element is that (Def)_______________ caused bodily injury to (victim)_______________. The term bodily injury means any physical pain, illness or any impairment of physical condition. To cause bodily injury means that (Def)_______________’s acts produced bodily injury to (victim)_______________ in a natural and continuous sequence.

The third essential element is that (Def)_______________ acted [purposely] [knowingly] [recklessly].

[If “purposely,” insert instruction 06-121.]

[If “knowingly,” insert instruction 06-131.]

[If “recklessly,” insert instruction 06-141.]

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

Here the State alleges that (Def)_______________ caused bodily injury to (victim)_______________, by (specific acts)_______________.

The fourth essential element is that (Def)_______________ took money or other property which may be the subject of larceny from the [person] [presence] of (victim)_______________. Anything that can be stolen may be the subject of larceny. [A thing is in the presence of a person with respect to assault and robbery if it is so within his or her reach or control that he or she could retain the thing in his or her possession, if he or she were not overcome by (Def)_______________’s violence or prevented by fear caused by (Def)_______________.]

The last essential element is that (Def)_______________ took (victim)_______________’s money or other property with the intent of depriving (victim)_______________ of its value permanently. This means that [he] [she] acted with a conscious objective of permanently depriving (victim)_______________ of the money or property. It also means that [he] [she] acted voluntarily, and not inadvertently, or because of mistake, or by accident.

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, then you must return a verdict of guilty.