Vermont Model Criminal Jury Instructions CR22-011

The State has charged (Def)_______________ with simple assault by an attempt to cause 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) attempted to cause bodily injury to (victim)_______________, by (specific acts)_______________; and

(3) [he] [she] did so with the intent to cause bodily injury to (victim)_______________.

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

The second essential element is that (Def)_______________ attempted to cause bodily injury to (victim)_______________. The term bodily injury means any physical pain, illness or any impairment of physical condition. An attempt requires an open, physical act by (Def)_______________, coupled with an intent to commit the offense. Threatening words are not enough. You must distinguish between mere preparation and the actual start of the criminal conduct. Merely planning the offense, or doing some act which might be innocent in itself, is not enough. An act is sufficient to be an attempt to commit an offense, if it is intentional, and if it progresses far enough to be the beginning of the crime.

The last essential element is that (Def)_______________ acted with the intent to cause bodily injury to (victim)_______________. A person acts intentionally if he or she acts purposely, and not inadvertently, because of mistake, or by accident. You may find that (Def)_______________ acted intentionally if it was [his] [her] conscious objective to cause bodily injury to (victim)_______________. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

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

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.