Vermont Model Criminal Jury Instructions CR28-225

The State has charged (Def)_______________ with forgery, 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) wittingly, falsely, [and] [or] deceitfully [[made] [altered] [forged] [counterfeited]] or [caused to be [made] [altered] [forged] [counterfeited]] or [[procured] [aided] [counseled] the [making] [altering] [forging] [counterfeiting] of] a (specify document from statute)_______________; and

(3) (Def)_______________ did so with the intent to [injure] [defraud] a person, (victim)_______________.

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

The second essential element is that (Def)_______________ wittingly, falsely, and deceitfully [[made] [altered] [forged] [counterfeited]] [caused to be [made] [altered] [forged] [counterfeited]] [[procured] [aided] [counseled] the [making] [altering] [forging] [counterfeiting] of] a (document)_______________. [To forge a document means to fraudulently make a false document or alter a real one to be used as if genuine.] [To counterfeit means to make or alter a document or other item to look genuine in an effort to deceive.]

The last essential element is that (Def)_______________ acted with the intent to [injure] [defraud] a person, (victim)_______________. The State must have proven that (Def)_______________ acted intentionally, and not inadvertently, or because of mistake, or by accident. (Def)_______________ must have acted with the conscious objective of [injuring] [defrauding] (victim)_______________. To defraud means to illegally obtain money, property, services, or anything of value by deception.

The intent with which a person does an act may be shown by the way in which he or she 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.

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.