Vermont Model Criminal Jury Instructions CR28-266

The State has charged (Def)_______________ with obtaining [money] [property] by false pretenses, 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) designedly used false pretenses;

(3) to obtain [money] [property] from (victim)_______________;

(4) [he] [she] acted with intent to defraud; and

(5) the [money] [value of the property] [he] [she] obtained was more than $900.

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

The second essential element is that (Def)_______________ designedly used false pretenses. A false pretense is a false representation, which may have been written, oral or unspoken. To act designedly means to act knowingly and not inadvertently or by mistake. The State must have proven that (Def)_______________ knowingly made a false representation that was designed to mislead (victim)_______________.

The third essential element is that (Def)_______________ used the false representation to obtain [money] [property] from (victim)_______________. The State must have proven that (victim)_______________ materially relied upon (Def)_______________’s misrepresentation. A material misrepresentation is one to which a reasonable person would attach importance in deciding how to act, or to which (Def)_______________ had reason to know that (victim)_______________ would attach some importance.

The fourth essential element is that (Def)_______________ acted with intent to defraud. [He] [She] must have acted on purpose, with the conscious objective of cheating (victim)_______________, by unfairly depriving [him] [her] of [his] [her] [money] [property].

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.

The last essential element is that the [money] [value of the property] (Def)_______________ obtained was more than $900.

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.