Vermont Model Criminal Jury Instructions CR23-101

The State has charged (Def)_______________ with burglary of an occupied dwelling, 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) entered an occupied dwelling;

(3) when (Def)_______________ entered the dwelling, [he] [she] knew that [he] [she] was neither licensed nor privileged to do so; and

(4) at the time of the entry, (Def)_______________ intended to commit [(felony)_______________] [petit larceny] [simple assault] [unlawful mischief].

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

The second essential element is that (Def)_______________ entered an occupied dwelling, specifically (dwelling)_______________. To enter means to go into a place. It is the act of physically entering a dwelling house or apartment. [It does not require entrance of the whole body; it may consist of the insertion of any part of the body.] An occupied dwelling is a house or other structure which is used as a place of residence, either full-time or part-time, whether or not someone was physically present at the time of the entry.

The third essential element is that, when (Def)_______________ entered the dwelling, [he] [she] knew that [he] [she] was neither licensed nor privileged to do so. To be licensed means that a person has permission to enter, from someone with authority to give permission, such as the owner or the tenant. To be privileged means that a person has a legal right to enter. Actual knowledge may be proven by direct or circumstantial evidence. In determining whether (Def)_______________ knew that [he] [she] was neither licensed nor privileged to do so, you should consider all of the facts and circumstances established by the evidence.

The last essential element is that, at the time of the entry, (Def)_______________ intended to commit [(felony)_______________] [petit larceny] [simple assault] [unlawful mischief].

[Insert description of felony.]

[For description of petit larceny, refer to CR26-071.]

[For description of simple assault, refer to CR22-011, -021, -036, or -041.]

[For description of unlawful mischief, refer to CR28-811.]

The State must have proven that (Def)_______________ acted voluntarily, with the intent of committing [(felony)_______________] [petit larceny] [simple assault] [unlawful mischief]. The evidence must show that [he] [she] acted purposely, and not inadvertently, or because of mistake, or by accident. 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.

Here the State alleges that (Def)_______________ entered (dwelling)_______________ with the intent of committing [(felony)_______________] [petit larceny] [simple assault] [unlawful mischief], by (specific acts)_______________.

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.