Vermont Model Criminal Jury Instructions CR28-276

The State has charged (Def)_______________ with obtaining [money] [property] by the use of false tokens, 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 [a false token] [false tokens];

(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 [a false token] [false tokens]. A false token is a [check] [money order] that is presented to another person for the purpose of obtaining money or other property, when the person presenting it knows it will not be honored. To act designedly means to act knowingly and not inadvertently or by mistake. The State must have proven that (Def)_______________ knew that the [check] [money order] would not be honored. [The State need not have proven that (Def)_______________ made any representation other than presenting the false token for payment.]

The third essential element is that (Def)_______________ used the false token[s] to obtain [money] [property] from (victim)_______________. The State must have proven that (victim)_______________ materially relied upon the false token presented by (Def)_______________.

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.