Vermont Model Criminal Jury Instructions CR27-701

The State has charged (Def)_______________ with using a child in a sexual performance, 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. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) [promoted a performance by a child]

[[hired] [employed] [procured] [used] [caused] [induced] a child to engage in a performance];

(3) [the performance included sexual conduct by the child]

[the performance contained a lewd exhibition of the child’s [genitals] [anus] [breasts]]; and

(4) (Def)_______________ acted with knowledge of the character and content of the performance.

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

The second essential element is that (Def)_______________ [promoted a performance by a child] [[hired] [employed] [procured] [used] [caused] [induced] a child to engage in a performance]. A child is any person under the age of sixteen years.

A performance means [an event which is photographed, filmed or visually recorded] [a play, dance or other visual presentation or exhibition before an audience].

[To promote means to procure, issue, manufacture, publish, sell, give, provide, lend, mail, deliver, distribute, disseminate, circulate, present, exhibit, advertise, or offer to do the same, by any means, including electronic transmission.]

[To hire means to employ another person to do something in exchange for payment.]

[To employ means to engage the services of another person in exchange for payment.]

[Here the word procure means to arrange for another person to do something.]

[Here to use a child means to exploit the child for one’s own purposes.]

[To induce means to lead by persuasion or reasoning.]

The third essential element is that [the performance included sexual conduct by the child] [the performance contained a lewd exhibition of the child’s [genitals] [anus] [breasts]].

[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.]

[The word genitals refers to the external sexual organs.]

[A lewd exhibition is one that is sexually obscene or indecent. In deciding whether or not an exhibition was lewd, you should apply your sense of the community standards of sexual decency. You should understand that nudity alone is not sufficient to prove the element of lewdness.]

[In determining whether the performance contained a lewd exhibition, you may consider the following circumstances:

• whether the focal point of the visual depiction is on the child’s genitals or pubic area;

• whether the setting of the visual depiction is sexually suggestive (that is, in a place or pose generally associated with sexual activity);

• whether the child is depicted fully or partially clothed or nude.

• whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity;

• whether the visual depiction is intended or designed to elicit a sexual response in the viewer.

• You may also consider any other facts and circumstances supported by the evidence.]

The last essential element is that (Def)_______________ acted with knowledge of the character and content of the performance. The State must have proven that (Def)_______________ was actually aware that the performance [included sexual conduct by the child] [contained a lewd exhibition of the child’s [genitals] [anus] [breasts]]. The State need not have proven that (Def)_______________ knew the child was under the age of sixteen.

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.