Vermont Model Criminal Jury Instructions CR25-181

13 V.S.A. § 2407(a)(2)

The State has charged (Def)_______________ with unlawful restraint in the first 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) held (victim)_______________ in a condition of involuntary servitude, by (specific acts)_______________; and

(3) [he] [she] did so intentionally.

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

The second essential element is that (Def)_______________ held (victim)_______________ in a condition of involuntary servitude. To hold another person means to restrain that other person, and to restrict the other person’s movement without his or her agreement or consent. A restraint is without consent if it is accomplished by force, threat, or deception.

[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.]

Involuntary servitude means the condition of a person who is compelled, against his or her will, to labor or perform services for another, whether or not (victim)_______________ is paid. To compel means to force, or to exert pressure, so as to overcome the free will of the other person.

The last essential element is that (Def)_______________ acted with the required intent. [He] [She] must have acted with a conscious objective of holding (victim)_______________ in a condition of involuntary servitude. [He] [She] also must have acted voluntarily, 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 established by the evidence.

Here the State alleges that (Def)_______________ intentionally held (victim)_______________ in a condition of involuntary servitude, 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.