Vermont Model Criminal Jury Instructions CR22-126

The State has charged (Def)_______________ with reckless endangerment, 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) placed (victim)_______________ in danger of death or serious bodily injury; and

(3) [he] [she] did so recklessly.

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

The second essential element is that (Def)_______________ placed (victim)_______________ in danger of death or serious bodily injury. Danger as an element of this offense is objective or actual danger, and not fear of apparent danger. 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 alleges that (Def)_______________ placed (victim)_______________ in actual danger of death or serious bodily injury by (specific acts)______________________. The State must have proven that the firearm was operable and capable of causing death or serious bodily injury. The State need not have proven that the firearm was loaded, or that (Def)_______________ actually caused death or serious bodily injury.

The last essential element is that (Def)_______________ acted recklessly. You may find that (Def)_______________ acted recklessly if [he] [she] consciously ignored a substantial and unjustifiable risk that [his] [her] conduct would place (victim)_______________ in danger of death or serious bodily injury. [His] [Her] disregard of the risk, when considered in light of the nature and purpose of [his] [her] conduct, and the circumstances known to [him] [her], must have been a gross deviation from how a law-abiding person would have acted in the same situation.

The intent with which a person acts 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, you should consider all of the surrounding facts and circumstances established by the evidence.

On the elements of recklessness and danger, you should consider whether the evidence has shown that (Def)_______________ knowingly pointed [and discharged] an operable firearm in the direction of (victim)_______________. If the State’s evidence has proven this, you may infer that the recklessness and danger elements are satisfied, but you are not required to make such an inference. (Def)_______________ acted knowingly if [he] [she] was aware of his actions, and if he did not point the firearm inadvertently, or because of mistake, or by accident.

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.