Vermont Model Criminal Jury Instructions CR22-096

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 physical injury to (victim)_______________, by (specific acts)_______________; and

(3) [he] [she] did so with the intent to prevent a law enforcement officer from performing a lawful duty.

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

The second essential element is that (Def)_______________ caused physical injury to (victim)_______________. The state must have proven that (Def)_______________’s acts directly and without interruption caused (victim)_______________ physical pain, illness, or any impairment of [his] [her] physical condition. The State alleges that (Def)_______________ caused physical injury to (victim)_______________, by (specific acts)_______________.

The last essential element is that (Def)_______________ acted with the intent to prevent a law enforcement officer from performing a lawful duty. 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 conscious objective to prevent a law enforcement officer from performing a lawful duty. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

The term law enforcement officer means any state police officer, sheriff, deputy sheriff, special deputy sheriff, municipal police officer, constable, game warden, or other person authorized to make an arrest. The State must have proven that (Def)_______________ acted with intent to prevent a law enforcement officer from performing a lawful duty. The lawfulness of an officer’s actions is defined by the scope of the officer’s duty and authority. A law enforcement officer was not performing a lawful duty if [he] [she] was pursuing [his] [her] own interests.

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.