Vermont Model Criminal Jury Instructions CR22-176

The State has charged (Def)_______________ with aggravated disorderly conduct, 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) engaged in a course of conduct directed at a specific person, _______________;

(3) by engaging in [fighting] [violent behavior] [tumultuous behavior] [threatening behavior]; and

(4) with the intent to [cause the person inconvenience or annoyance] [disturb the person’s peace, quiet, or right of privacy].

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

The second essential element is that (Def)_______________ engaged in a course of conduct directed at a specific person, (Victim)_______________. A course of conduct means a pattern of conduct composed of two or more acts over a period of time, however short, showing a continuity of purpose.

The third essential element is that (Def)_______________ engaged in [fighting] [violent behavior] [tumultuous behavior] [threatening behavior].

[Violent behavior includes a wide range of inappropriate behavior, such as a furious or sudden outburst, or sudden activity marked by extreme or improper force.]

[Tumultuous behavior means a violent outburst or chaotic activity.]

[Threatening behavior means behavior that communicates an intention to do harm to another person or to that person’s property. You must consider whether (Def)_______________ intended to disturb the other people around [him] [her], or whether [his] [her] conduct was likely to have that effect on a reasonable person in (victim)_______________’s position.]

Here the State alleges that (Def)_______________ engaged in [fighting] [violent behavior] [tumultuous behavior] [threatening behavior] by (specific acts)____________________.

The last essential element is that (Def)_______________ engaged in a course of conduct with the intent to [cause the person inconvenience or annoyance] [disturb the person’s peace, quiet, or right of privacy]. A person acts intentionally if he or she acts purposely, and not inadvertently, because of mistake, or by accident. The intent with which a person [acts] [does an act] may be shown by the way in which the person 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.

[An inconvenience or annoyance is an act which harasses, bothers, irritates or disturbs another person.]

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.