VT · jury_instructions
Vermont Model Criminal Jury Instructions CR28-175
AGGRAVATED CRUELTY TO ANIMALS (PERFORMANCE OF OFFICIAL DUTIES) -- 13 V.S.A. § 352a(3)
The State has charged (Def)_______________ with aggravated 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) [injured] [killed] an animal;
(3) the animal was in the performance of official duties while under the supervision of a law enforcement officer; and
(4) (Def)_______________ acted intentionally.
The first essential element is that (Def)_______________ is the person who committed the alleged acts.
The second essential element is that (Def)_______________ [killed] [injured] an animal. The term animal means all living sentient creatures, not human beings. A sentient creature is one which is conscious and feels pain.
The third essential element is that the animal was in the performance of official duties while under the supervision of a law enforcement officer.
The last essential element is that (Def)_______________ acted intentionally. A person acts intentionally if he or she acts 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 cause (specific alleged harm)_______________. To act maliciously means to act deliberately with an evil intent to cause harm.
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.
History
Vermont Model Criminal Jury Instructions CR28-175 (12/20/19). 13 V.S.A. § 352a(3). Prepared by the Vermont Model Criminal Jury Instructions committee; published on vtjuryinstructions.org, sponsored by the Vermont Bar Association. The committee states that the instructions have not been approved by the Vermont Supreme Court.
Provenance
- Source
- vtjuryinstructions.org
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
d793453e853c06cc9725ab1219389a9488637690e8771c0daa95444bc00ae239
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