Vermont Model Criminal Jury Instructions CR22-503

The State has charged (Def)_______________ with stalking, 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 dates and at the places alleged,

(1) (Def)_______________;

(2) intentionally engaged in a course of conduct directed at a specific person, (victim)_______________, by (specific acts)_______________;

(3) that (Def)_______________ knew or should have known would cause a reasonable person [to fear for his or her safety] [to fear for the safety of another] [substantial emotional distress].

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

The second essential element is that (Def)_______________ intentionally engaged in a course of conduct directed at a specific person, (victim)_______________. 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 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. A course of conduct means two or more acts over a period of time, however short, in which a person follows, monitors, surveils, threatens, or makes threats about another person, or interferes with another person’s property. This includes acts conducted by the person directly or indirectly, and by any action, method, device, or means. [Constitutionally protected activity is not included within the meaning of “course of conduct.”] Here the State alleges that (Def)_______________ intentionally engaged in a course of conduct directed at a specific person, (victim)_______________, by (specific acts)_______________; [In the event that ___________ (Defendant) is charged with engaging in stalking by threats or threatening, the state need not prove that there was an express or overt threat].

The last essential element is that (Def)_______________ knew or should have known that [his] [her] conduct would cause a reasonable person [to fear for his or her safety] [to fear for the safety of another] [substantial emotional distress]. Reasonable person means a reasonable person in (victim’s)__________’s circumstances. [Emotional distress means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.]

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, then you must return a verdict of guilty.

[See Reporter’s Notes for detailed description of the 2015 statutory amendments, the evolution of the stalking statutes and instructions, and applicable opinions of the Supreme Court.]