Vermont Model Criminal Jury Instructions CR28-104

The State has charged (Def)_______________ with cruelty to a child, 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) willfully [[assaulted] [ill treated] [neglected] [abandoned] [exposed] (victim)_______________]

[caused (victim)_______________ to be [assaulted] [neglected] [abandoned] [exposed]]

[procured the [assault] [neglect] [abandonment] [exposure] of (victim)_______________];

(3) in a manner to [cause (victim)_______________ unnecessary suffering] [endanger (victim)_______________’s health];

(4) at the time, (Def)_______________ was over the age of 16;

(5) at the time, (victim)_______________ was a child; and

(6) at the time, (Def)_______________ had [custody] [charge] [care] of (victim)_______________.

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

The second essential element is that (Def)_______________ willfully [[assaulted] [ill treated] [neglected] [abandoned] [exposed] (victim)_______________]

[caused (victim)_______________ to be [assaulted] [neglected] [abandoned] [exposed]]

[procured the [assault] [neglect] [abandonment] [exposure] of (victim)_______________].

As part of the second essential element, the State must have proven that (Def)_______________ acted willfully. (Def)_______________ must have acted intentionally, and not inadvertently, because of mistake, or by accident.

A person’s intent may be shown by the way in which the person 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.

[Here the term assault means that (Def)_______________ willfully [caused bodily injury to (victim)_______________] [placed (victim)_______________ in fear of bodily injury]. The term bodily injury means any physical pain, illness or any impairment of physical condition.]

[Here the term ill treatment means behavior toward another person that is intended to bring about unnecessary suffering or distress.]

[Here the term neglect means a failure to care for, protect, or support another person.]

[To abandon a child means to desert the child, thereby violating a duty to provide for the child’s care, protection or support.]

[Here the word expose means to place the child in a position that was open to danger.]

[To procure means to get and make available for a particular purpose.]

Here the State alleges that (Def)_______________ (re-state the actions charged)_____ _______________________________________, by (specific acts)__________________.

The third essential element is that (Def)_______________ acted in a manner to [cause (victim)_______________ unnecessary suffering] [endanger (victim)_______________’s health].

The fourth essential element is that, at the time of the alleged offense, (Def)_______________ was over the age of 16.

The fifth essential element is that, at the time of the alleged offense, (victim)_______________ was a child. The State need not have proven that (Def)_______________ knew (victim)_______________ was a child.

The last essential element is that, at the time of the alleged offense, (Def)_______________ had [custody] [charge] [care] of (victim)_______________. This means that (Def)_______________ had a duty to care for (victim)_______________, as a person responsible for [his] [her] care.

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.