Vermont Model Criminal Jury Instructions CR27-251

The State has charged (Def)_______________ with sexual assault, 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 a sexual act with (victim)_______________;

(3) [he] [she] did so intentionally; and

(4) at the time, (victim)_______________ was under the age of 16 years.

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

The second essential element is that (Def)_______________ engaged in a sexual act with (victim)_______________. A sexual act means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however, slight, by any part of a person’s body or any object into the genital or anal opening of another. The word contact, as used in this charge, means mere touching, however slight. [The word vulva means the external genital organs of the female, including the labia majora, labia minora, clitoris, and the entrance to the vagina.]

The third essential element is that (Def)_______________ acted intentionally. (Def)_______________ must have acted purposely, and not inadvertently, because of mistake, or by accident. You may find that (Def)_______________ acted intentionally if it was [his] [her] conscious objective to engage in a sexual act with (victim)_______________.

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.

The last essential element is that the sexual act took place at a time when (victim)_______________ was under the age of 16 years. The State need not have proven that (Def)_______________ knew that (victim)_______________ was under the age of 16 at the time of the alleged offense.

[The State also need not have proven that the child did not consent to the sexual act. It does not matter whether the child was a willing participant. By law, a child under the age of 16 years is not capable of consenting to a sexual act.]

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.