Vermont Model Criminal Jury Instructions CR27-641

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 [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 a person has a reasonable expectation of privacy; and

(5) while (victim)_______________ was engaged in sexual conduct.

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

The second essential element is that (Def)_______________ intentionally [photographed] [filmed] [recorded in any format] another person, (victim)_______________. The State must have proven that (Def)_______________ [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 [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)_______________ [viewed] [photographed] [filmed] [recorded] (victim)_______________ without (victim)_______________’s knowledge and consent.

The fourth essential element is that (Def)_______________ did so while (victim)_______________ was in a place where a person has a reasonable expectation of privacy. 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].

The last essential element is that (Def)_______________ [photographed] [filmed] [recorded] (victim)_______________ while (victim)_______________ was engaged in sexual conduct. Here the term sexual conduct is defined to mean any of the following:

(A) any conduct involving contact between the penis and the vulva, the penis and the penis, the penis and the anus, the mouth and the penis, the mouth and the anus, the vulva and the vulva or the mouth and the vulva;

(B) any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desire of any person;

(C) any intentional touching, not through the clothing, of the genitals, anus or breasts of another with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desire of any person;

(D) masturbation;

(E) bestiality; or

(F) sadomasochistic abuse for sexual purposes.

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.