Vermont Model Criminal Jury Instructions CR22-041

The state has charged (Def)_______________ with simple assault, 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 put (victim)_______________ in fear of imminent serious bodily injury; and

(3) that [he] [she] did so by using physical menace.

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

The second essential element is that (Def)_______________ attempted to put (victim)_______________ in fear of imminent serious bodily injury. The term serious bodily injury means bodily injury which creates a substantial risk of death or which causes substantial loss or impairment of the function of any bodily member or organ or substantial impairment of health, or substantial disfigurement. The term bodily injury means physical pain, illness or any impairment of physical condition. The word imminent means near at hand, on the point of happening.

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 an offense, or doing some act which might be innocent in itself, is not enough. An act is sufficient to be an attempt if it is intentional, and if it progresses far enough to be the beginning of the crime.

The State must have proven that (Def)_______________ acted with the conscious objective of putting (victim)_______________ in fear of imminent serious bodily injury. The State need not have proven that the victim actually was in fear of serious bodily injury. 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 last essential element is that (Def)_______________ made [his] [her] attempt by using physical menace. Physical menace means a threat, by word or act, to inflict physical injury upon another person. Here the State alleges that (Def)_______________ attempted by physical menace, by (specific acts)________________, to place (victim)_______________ in fear of imminent serious bodily injury.

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.