Vermont Model Criminal Jury Instructions CR28-161

The State has charged (Def)_______________ with cruelty to animals, 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) [owned] [possessed] [acted as an agent for]

[an animal] [certain animals], specifically ___________________________; and

(3) (Def)_______________ [deprived the animal[s] of

[adequate [food] [water] [shelter] [rest] [sanitation]] [necessary medical attention]]

[transported the animal[s] in overcrowded vehicles].

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

The second essential element is that (Def)_______________ [owned] [possessed] [acted as an agent for] [an animal] [certain animals]. The term animal means all living sentient creatures, not human beings. A sentient creature is one which is conscious and feels pain.

[To possess an animal can mean either actual possession or constructive possession. A person has actual possession of an animal if [he] [she] knowingly has direct physical control over it. A person has constructive possession of an animal if [he] [she] knowingly has the power to exercise dominion or control over it, either directly or through another person.]

The last essential element is that (Def)_______________ [deprived the animal[s] of [adequate [food] [water] [shelter] [rest] [sanitation]] [necessary medical attention]] [transported the animal[s] in overcrowded vehicles]. [Necessary medical attention includes, but is not limited to, medical treatment for illness, injury, disease, excessive parasitism, or malformed or overgrown hoof.]

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

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.