Vermont Model Criminal Jury Instructions CR22-331

The State has charged (Def)_______________ with domestic 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 bodily injury to (victim)_______________, by (specific acts)_______________;

(3) [he] [she] did so [wilfully] [recklessly]; and

(4) the person injured, (victim)_______________, was a [family] [household] member.

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

The second essential element is that (Def)_______________ caused bodily injury to (victim)_______________. The term bodily injury means any physical pain, illness or any impairment of physical condition. Here the State alleges that (Def)_______________ caused bodily injury to (victim)_______________, by (specific acts)_______________.

The third essential element is that (Def)_______________ acted [wilfully] [recklessly].

[If wilfully, insert “wilfully” instruction, CR06-151.]

[If recklessly, insert “recklessly” instruction, CR06-141.]

The [mental state] [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 [mental state] [intent], you should consider all of the surrounding facts and circumstances established by the evidence.

The last essential element is that (victim)_______________ was a [family] [household] member. [A family member means a person related to (Def)_______________ by blood, marriage, civil union, or adoption.] [A household member is a person who either lives with, or has lived together with (Def)_______________, or a person who shares occupancy or has shared occupancy of a dwelling with (Def)_______________, or a person who is engaged in or has engaged in a sexual relationship with (Def)_______________. The definition also includes minors or adults who are dating or who have dated. Dating means a social relationship of a romantic nature. Factors that you may consider when determining whether a dating relationship exists or existed include the nature of the relationship, the length of time the relationship has existed, the frequency of interaction between the parties, and the length of time since the relationship was terminated, if applicable.]

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.