Vermont Model Criminal Jury Instructions CR25-141

PERSON) -- 13 V.S.A. § 2406(a)(2)

The State has charged (Def)_______________ with unlawful restraint in the second degree, 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) knowingly [took] [enticed] [harbored] (victim)_______________, by (specific acts)_______________;

(3) at the time, (victim)_______________ was [a mentally incompetent person] [a person entrusted by authority of law to the custody of another person or an institution];

(4) (Def)_______________ took this action without the consent of the [person] [institution] with lawful custody over (victim)_______________, specifically (custodian)_______________; and

(5) (Def)_______________ knew that [he] [she] had no right to take this action without the consent of (victim)_______________’s custodian.

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

The second essential element is that (Def)_______________ knowingly [took] [enticed] [harbored] (victim)_______________. The State must have proven that (Def)_______________ acted knowingly, and not inadvertently, or because of mistake, or by accident. [To take a person means to move that person to another place.] [To entice a person means to persuade that person to go with (Def)_______________ to another place.] [To harbor a person means to conceal or keep the person from his or her custodian, without authority or permission.] [To harbor a person means to help or assist the person to hide from [that person’s lawful custodian] [law enforcement authorities].]

Here the State alleges that (Def)_______________ knowingly [took] [enticed] [harbored] (victim)_______________, by (specific acts)_______________.

The third essential element is that, at the time, (victim)_______________ was [a mentally incompetent person. This means that a court [has determined] [could determine] that (victim)_______________ is mentally incompetent.] [a person entrusted by authority of law to the custody of another person or an institution.]

The fourth essential element is that (Def)_______________ took this action without the agreement or consent of the [person] [institution] with lawful custody over (victim)_______________. A person’s custodian is someone who has legal care and control over that person. [An action is without consent if it is accomplished without the custodian’s knowledge and specific permission.] [An action is without consent if the custodian agreed to or acquiesced in response to force, threat, or deception. To acquiesce means that a person tacitly agrees to something, by not objecting to it when given an opportunity to do so. Force means power, compulsion, or strength directed at another, to accomplish a goal. A threat is a statement that the speaker intends to harm or injure someone else, by means of some unlawful act. Deception is intentionally misleading someone by a false statement; the statement may be communicated by words or by deeds.]

The last essential element is that (Def)_______________ knew that [he] [she] had no right to take this action without the consent of (victim)_______________’s custodian.

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.