Vermont Model Criminal Jury Instructions CR27-521

The State has charged (Def)_______________ with sexual exploitation of a minor, 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. Here, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) engaged in a sexual act with (victim)_______________;

(3) at the time, (victim)_______________ was under the age of eighteen;

(4) (Def)_______________ is at least 48 months older than (victim)_______________; and

(5) (Def)_______________ was in a position of power, authority, or supervision over (victim)_______________ by virtue of [his][her] undertaking the responsibility, professionally or voluntarily, to provide for the [health or welfare of minors] [guidance, leadership, instruction, or organized recreational activities for minors].

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, at the time of the alleged sexual act, (victim)_______________ was under the age of eighteen.

The fourth essential element is that (Def)_______________ is at least 48 months older than (victim)_______________.

The last essential element is that (Def)_______________ was in a position of power, authority, or supervision over (victim)_______________ by virtue of [his][her] undertaking the responsibility, professionally or voluntarily, to provide for the [health or welfare of minors] [guidance, leadership, instruction, or organized recreational activities for minors].

[The State need not have proven that (victim)_______________ did not consent to the sexual act. It does not matter whether (victim)_______________ was a willing participant. By law, a minor is not capable of consenting to a sexual act with a person in a position of power, authority, or supervision over the minor by virtue of [his][her] undertaking the responsibility, professionally or voluntarily, to provide for the [health or welfare of minors] [guidance, leadership, instruction, or organized recreational activities for minors].]

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.