Vermont Model Criminal Jury Instructions CR28-206

The State has charged (Def)_______________ with [initiating] [circulating] a false public alarm, 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) [initiated] [wilfully circulated] a report or warning of an impending

[bombing] [offense, specifically _______________] [catastrophe, specifically ___________________], by (specific acts)___________________________;

(3) when (Def)_______________ knew that the report was [false] [baseless]; and

(4) when (Def)_______________ knew that the report was likely to cause

[evacuation of a [building] [place of assembly] [facility of public transport]]

[public [inconvenience] [alarm]].

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

The second essential element is that (Def)_______________ [initiated] [wilfully circulated] a report or warning of an impending [bombing] [offense, specifically _______________] [catastrophe, specifically _________________]. [To initiate something means to start it.] [To circulate something means to spread it around.] [To act wilfully means to act intentionally, and not inadvertently, because of mistake, or by accident.] [Something is impending if it is threatening to occur soon.]

Here the State alleges that (Def)_______________ [initiated] [wilfully circulated] a report of warning of an impending [bombing] [offense, specifically _______________] [catastrophe, specifically ___________________], by (specific acts)______________________________.

The third essential element is that, at the time of the alleged offense, (Def)_______________ knew that the report was [false] [baseless]. The State must have proven that (Def)_______________ knew that [the report was fake] [there was no reason to believe the report was true.]

The last essential element is that, at the time of the alleged offense, (Def)_______________ knew that the report was likely to cause [evacuation of a [building] [place of assembly] [facility of public transport]] [public [inconvenience] [alarm]]. [Public alarm means that some part of the public experiences fear or terror resulting from a sudden sense of danger. Public alarm is collective and communal rather than individual.]

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.