Vermont Model Criminal Jury Instructions CR22-081

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

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

[recklessly under circumstances manifesting extreme indifference to the value of human life].

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

The second essential element is that (Def)_______________ caused serious bodily injury to (victim)_______________. 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] [strangulation by intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person]. [The term bodily injury means physical pain, illness or any impairment of physical condition.]

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

The last essential element is that (Def)_______________ acted [purposely] [knowingly] [recklessly under circumstances manifesting extreme indifference to the value of human life].

[If purposely, insert “purposely” instruction, CR06-121.]

[If knowingly, insert “knowingly” instruction, CR06-131.]

[If recklessly, insert “recklessly” instruction, CR06-141. Also include the following language: This essential element is proven if you find from the evidence that the events and circumstances under which (Def)_______________ caused bodily injury to (victim)_______________ demonstrate a clear disregard for [his] [her] life.]

The [mental state] [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 [mental state] [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.