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VT · jury_instructions

Vermont Model Criminal Jury Instructions CR24-541

AGGRAVATED MURDER (RISK OF DEATH TO ANOTHER PERSON), 13 V.S.A. § 2311(a)(4)

activein force · 2006-01-10 – presentas-observed

[Explanation: The statute, § 2311, lists 8 categories of aggravating factors. When the defendant is charged with aggravated murder, the aggravation element is added to the underlying charge of murder under § 2301. The following is a statement of the element to be added, plus a short explanation, for use when the above-described aggravating factor is charged.]

(__) at the time of the murder, (Def)_______________ knowingly created a great risk of death to [another person] [other persons], specifically _______________.

The ______ essential element is that, at the time of the murder, (Def)_______________ knowingly created a great risk of death to another person or persons. The State must have proven that (Def)_______________ created the risk knowingly, and not inadvertently, or because of mistake, or by accident. You may find that (Def)_______________ acted knowingly if [he] [she] was aware that [his] [her] conduct would or was practically certain to create a great risk of death to another person or persons. In determining whether (Def)_______________ acted knowingly, you should consider all of the surrounding facts and circumstances established by the evidence.

Here the State alleges that (Def)_______________ knowingly created a great risk of death to (other person[s])____________________, by (specific acts)____________________.

History

Vermont Model Criminal Jury Instructions CR24-541 (01/10/06). 13 V.S.A. § 2311(a)(4). Prepared by the Vermont Model Criminal Jury Instructions committee; published on vtjuryinstructions.org, sponsored by the Vermont Bar Association. The committee states that the instructions have not been approved by the Vermont Supreme Court.

Provenance

Source
vtjuryinstructions.org
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
c989f6df4a165e82cb516402b2a335897d6576df5364fc29d29761ce4715e717
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