Vermont Model Criminal Jury Instructions CR28-681

The State has charged (Def)_______________ with carrying a dangerous or deadly weapon while committing the crime of (alleged felony crime) _______________ , as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of this charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this charge, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) carried a dangerous or deadly weapon, openly or concealed, and

(3) he carried the dangerous or deadly weapon while committing the crime of (alleged felony crime) _______________.

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

The second essential element is that (Def)_______________ carried a dangerous or deadly weapon, open or concealed. Dangerous or deadly weapon means any firearm, or other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury. [You may find that a gun is a dangerous weapon whether or not the gun is loaded or capable of being fired.]

The third essential element is that (Def)_______________ carried the dangerous or deadly weapon while committing the crime of (alleged felony crime) _______________. Although there must have been a relationship between the carrying of the weapon and the (alleged felony crime) _______________, the weapon need not have been used or brandished. It is enough that the weapon had the potential of facilitating the commission of the (alleged felony crime) _______________. You may find (Def)_______________ guilty beyond a reasonable doubt of this count only if (Def)_______________ committed (alleged felony crime) _______________. If you find that (Def)_______________ did not commit (alleged felony crime) _______________, then you must, necessarily, find (Def)_______________ not guilty of this count.

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.