Vermont Model Criminal Jury Instructions CR27-461

13 V.S.A. § 3253(a)(6)

[Explanation: The statute, § 3253, lists 9 categories of aggravating factors. When the defendant is charged with aggravated sexual assault, the aggravation elements are added to the underlying charge of sexual assault under § 3252. The following is a statement of the elements to be added, plus a short explanation, for use when the above-described aggravating factor is charged.]

(__) at the time of the sexual assault, (Def)_______________ threatened to cause imminent serious bodily injury to (victim or other person)_______________; and

(__) (victim)_______________ reasonably believed that (Def)_______________ had the present ability to carry out the threat.

The _____ essential element is that, at the time of the sexual assault, (Def)_______________ threatened to cause imminent serious bodily injury to (victim or other person)_______________. To threaten another person means to communicate, by words or by deeds, an intention to inflict harm upon that other person. Serious bodily injury means [bodily injury which creates a substantial risk of death or which causes substantial loss or impairment of the function of any bodily member or organ or substantial impairment of health, or substantial disfigurement] [strangulation by intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person]. [The term bodily injury means physical pain, illness or any impairment of physical condition.] The word imminent means near at hand, on the point of happening.

The _____ essential element is that (victim)_______________ reasonably believed that (Def)_______________ had the present ability to carry out the threat.