Vermont Model Criminal Jury Instructions CR28-221

The State has charged (Def)_______________ with giving false information to a law enforcement officer, 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) gave information to a law enforcement officer;

(3) the information was false;

(4) (Def)_______________ knew the information was false when [he] [she] gave it; and

(5) (Def)_______________ gave the information with the purpose of [implicating another person, specifically (other person)_______________] [deflecting an investigation from [himself] [herself] [another person]].

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

The second essential element is that (Def)_______________ gave information to a law enforcement officer. (Def)_______________ must have communicated the information to a law enforcement officer as a statement of fact, and not just as an expression of [his] [her] opinion. The term law enforcement officer means any state police officer, sheriff, [deputy sheriff] [special deputy sheriff] [municipal police officer] [constable] [game warden,] or other person authorized to make an arrest.

Here the State alleges that (Def)_______________ communicated to (officer)_______________ that (information)_________________________________.

The third essential element is that the information (Def)_______________ gave to the officer was false.

The fourth essential element is that (Def)_______________ knew the information was false when [he] [she] gave it to the officer.

The last essential element is that (Def)_______________ gave the information to (officer)_______________ with the purpose of [implicating another person, specifically (other person)_______________] [deflecting an investigation from [himself] [herself] [another person]], and that [he] [she] did not do so inadvertently, because of mistake, or by accident. You may find that (Def)_______________ acted with the required purpose if it was [his] [her] conscious objective [to cast suspicion upon (other person)_______________ in the commission of an offense] [to redirect the officer’s attention away from focusing the investigation on [himself] [herself] [another person]].

The State need not show that (Def)_______________ succeeded in [implicating (other person)_______________] [deflecting the officer’s attention], or that the officer believed or relied upon [his] [her] statements. The State need only show that (Def)_______________ communicated the false information with the purpose of [implicating (other person)_______________] [deflecting the officer’s attention].

The intent or purpose with which a person does an act may be shown by the way in which the person expresses it to others, or by [his] [her] conduct. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

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.