Vermont Model Criminal Jury Instructions CR22-221

(ATTEMPT TO CAUSE BODILY INJURY) -- 13 V.S.A. § 1023(a)(1) and § 1028

The State has charged (Def)_______________ with simple assault on a law enforcement officer, by an attempt to cause bodily injury, 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) attempted to cause bodily injury to (victim)_______________, by (specific acts)_______________;

(3) [he] [she] did so with the intent to cause bodily injury to (victim)_______________;

(4) (Def)_______________ knew or should have known that (victim)_______________ was a law enforcement officer; and

(5) that, at the time of the alleged acts, (victim)_______________ was a law enforcement officer 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)_______________ attempted to cause bodily injury to (victim)_______________. The term bodily injury means any physical pain, illness or any impairment of physical condition. An attempt requires an open, physical act by (Def)_______________, coupled with an intent to commit the offense. Threatening words are not enough. You must distinguish between mere preparation and the actual start of the criminal conduct. Merely planning the offense, or doing some act which might be innocent in itself, is not enough. An act is sufficient to be an attempt to commit an offense, if it is intentional, and if it progresses far enough to be the beginning of the crime.

The third essential element is that (Def)_______________ intended to cause bodily injury to (victim)_______________. 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] [her] conscious objective to cause bodily injury to (victim)_______________. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

Here the State alleges that (Def)_______________ attempted to cause bodily injury to (victim)_______________ by (specific acts)_______________.

The fourth essential element is that (Def)_______________ knew or should have known that (victim)_______________ was a law enforcement officer. The term law enforcement officer means any state police officer, sheriff, deputy sheriff, special deputy sheriff, municipal police officer, constable, or game warden.

The last essential element is that, at the time of (Def)_______________’s acts, (victim)_______________ was performing a lawful duty as a law enforcement officer. The lawfulness of an officer’s actions are 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.