Vermont Model Criminal Jury Instructions CR28-801

The State has charged (Def)_______________ with unlawful mischief, causing damages exceeding $1,000, 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) caused damage to the (property)_______________ owned by (owner)_______________, by (specific acts)____________________;

(3) [he] [she] acted with the intent to damage the property;

(4) at that time, [he] [she] had no right to damage the property, and no reasonable ground to believe that [he] [she] had such a right; and

(5) the value of the damage exceeded $1,000.

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

The second essential element is that (Def)_______________ caused damage to the (property)_______________ owned by (owner)_______________.

[The State must have proven that (Def)_______________’s acts produced the (harmful result)_______________ in a natural and continuous sequence, unbroken by any efficient intervening cause. [An efficient intervening cause would be an unexpected, independent force that broke the connection between (Def)_______________’s acts and the resulting harm.] You must also conclude that, but for (Def)_______________’s acts, the (harmful result)_______________ would not have occurred.]

The third essential element is that (Def)_______________ acted with the intent to damage the property. [He] [She] must have acted purposely, with the conscious objective of damaging the property. [He] [She] also must have acted voluntarily, and not inadvertently, or because of mistake, or by accident.

A person’s intent may be shown by the way in which the person 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.

Here the State alleges that (Def)_______________ intentionally caused damage to the (property)_______________ by (specific acts)____________________.

The fourth essential element is that, at that time, (Def)_______________ had no right to damage the property, and no reasonable ground to believe that [he] [she] had such a right. You should consider whether [the owner] [or] [the person in lawful possession] of the property, (owner or person in lawful possession)_______________, gave (Def)_______________ either written or verbal authority to cause the damage alleged. You should consider all the facts and circumstances that are relevant to this essential element.

The last essential element is that the value of the damage exceeded $1,000. Here the value of the damages refers to the amount of damage caused, not to the value of the property which was damaged. Proof of the exact value of the damage is not required, but the State must have proven that the value of the total damages exceeded $1,000. On this issue you may consider the opinion of (owner)_______________ as the owner of the property, and any other evidence of the value of the damages.

All of the essential 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.