Vermont Model Criminal Jury Instructions CR27-108

The State has charged (Def)_______________ with engaging in prostitution, 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) engaged in prostitution, 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)_______________ engaged in prostitution. The term prostitution means the offering or receiving of the body for sexual intercourse for hire. The term sexual intercourse refers to the insertion of a man’s erect penis into a woman’s vagina. The term for hire means that the sexual intercourse was exchanged for something of value.

The last essential element is that (Def)_______________ intentionally engaged in the conduct charged. (Def)_______________ must have acted voluntarily and purposely, and not inadvertently, because of mistake, or by accident. A person’s intent 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.

Here the State alleges that (Def)_______________ intentionally engaged in prostitution 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.