VT · jury_instructions
Vermont Model Criminal Jury Instructions CR27-431
AGGRAVATED SEXUAL ASSAULT (WITH KIDNAPPING) - 13 V.S.A. § 3253(a)(3)
[Explanation: The statute, § 3253, lists 9 categories of aggravating factors. When the defendant is charged with aggravated sexual assault, the aggravation element is added to the underlying charge of sexual assault under § 3252. 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.]
(__) (Def)_______________ committed the sexual act under circumstances which constituted the crime of kidnapping.
The _____ essential element is that (Def)_______________ committed the sexual act under circumstances which constituted the crime of kidnapping. For present purposes, kidnapping means to knowingly restrain the other person, with an intent to [hold the restrained person for ransom or reward] [use the restrained person as a shield or hostage] [inflict bodily injury upon the restrained person] [place the restrained person or another person in fear that any person will be subjected to bodily injury] [sexually assault the restrained person] [place the restrained person or a third person in fear that any person will be sexually assaulted] [facilitate the commission of another crime or flight thereafter]. To restrain another person means to restrict substantially the movement of the other person without that person’s consent or other lawful authority.
History
Vermont Model Criminal Jury Instructions CR27-431 (06/24/03). 13 V.S.A. § 3253(a)(3). 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
0580ac0d8eed1d24464006238d825f871f8610fe8e1e116a5645e91ba2ba26e1
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