Vermont Model Criminal Jury Instructions CR22-301

The State has charged (Def)_______________ with violation of an abuse prevention order, 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) intentionally (committed specific acts)_______________;

(3) [his] [her] acts violated an abuse prevention order; and

(4) [he] [she] did the prohibited acts after [he] [she] had received a copy of the abuse prevention order.

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

The second essential element is that (Def)_______________ intentionally did the specific acts that are alleged in the charge. 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 act in the manner alleged.

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

[Include any of the following definitions that apply]

[Harassing means a course of conduct directed at a specific person, (victim)_______________, which would cause a reasonable person to fear unlawful sexual conduct, unlawful restraint, bodily injury, or death, including but not limited to verbal threats, written, telephonic or other electronically communicated threats, vandalism, or unconsented to physical contact.]

[Contacting means any communication between (Def)_______________ and (victim)_______________, initiated by (Def)_______________. Communication can be any form of physical or audible conduct that is intended to deliver information to the other person.]

[Following means to go after, or to pursue, or to intentionally maintain physical nearness with another person over a period of time or distance.]

The third essential element is that (Def)_______________’s acts violated an abuse prevention order.

An abuse prevention order means a written order that has been issued by a Family Court Judge, on behalf of one person and against a named defendant. The State must have proven the specific terms of the order allegedly violated, and that the order was still in effect at the time of the alleged violation. You may not consider the facts and circumstances giving rise to the order.

Here the State alleges that (Def)_______________ violated the provision of the abuse prevention order which prohibits ____________________, by (specific acts charged)___________________.

The last essential element is that (Def)_______________ did the prohibited acts after [he] [she] had received a copy of the abuse prevention order. This means that [he] [she] had received a copy of the order from a court or from a law enforcement officer. The State need not have proven that [he] [she] actually read and understood the contents of the order, only that [he] [she] received a written copy of the order.

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 of the charge. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.