Vermont Model Criminal Jury Instructions CR22-086

The State has charged (Def)_______________ with aggravated assault with a deadly weapon, 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]; and

(4) [he] [she] caused the bodily injury by the use of a deadly weapon.

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 physical pain, illness or any impairment of physical condition. Here the State alleges that (Def)_______________ caused bodily injury to (victim)_______________, by (specific acts)________________.

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

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

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

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 [mental state] [intent], you should consider all of the surrounding facts and circumstances established by the evidence.

The last essential element is that (Def)_______________ caused the injury by the use of a deadly weapon. The term deadly weapon means any firearm, or other weapon, device, instrument, material or substance, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury. 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 State must have proven that the weapon was capable of causing serious bodily injury, not that (Def)_______________ actually caused 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.