Vermont Model Criminal Jury Instructions CR27-636

The State has charged (Def)_______________ with voyeurism, 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) intentionally [conducted surveillance of] [photographed] [filmed] [recorded in any format] another person, (victim)_______________;

(3) without (victim)_______________’s knowledge and consent; and

(4) while (victim)_______________ was in a place where [he] [she] would have a reasonable expectation of privacy within a home or residence.

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

The second essential element is that (Def)_______________ intentionally [conducted surveillance of] [photographed] [filmed] [recorded in any format] another person, (victim)_______________. [Surveillance means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of that person.]

The State must have proven that (Def)_______________ [conducted surveillance of] [photographed] [filmed] [recorded] (victim)_______________ intentionally, which means 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 [conduct surveillance of] [photograph] [film] [record] (victim)_______________. The intent with which a person does an act may be shown by the way in which he or she 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 third essential element is that (Def)_______________ [conducted surveillance of] [viewed] [photographed] [filmed] [recorded] (victim)_______________ without (victim)_______________’s knowledge and consent.

The last essential element is that (Def)_______________ did so while (victim)_______________ was in a place where [he] [she] would have a reasonable expectation of privacy within a home or residence. This means [a place in which a reasonable person would believe that he or she could disrobe in privacy, without his or her undressing being viewed by another] [or] [a place in which a reasonable person would expect to be safe from unwanted intrusion or surveillance].

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.