Vermont Model Criminal Jury Instructions CR40-382

The State has charged (Def)_______________ with [selling] [dispensing] fentanyl, 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) [sold] [dispensed] fentanyl, in an amount consisting of 4 milligrams or more of one or more [preparations] [compounds] [mixtures] [substances] containing fentanyl; and

(3) [he] [she] did so knowingly and unlawfully.

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

The second essential element is that (Def)_______________ [sold] [dispensed] fentanyl, in an amount consisting of 4 milligrams or more of one or more [preparations] [compounds] [mixtures] [substances] containing fentanyl.

[To sell fentanyl means to transfer it in exchange for something of value. A sale may include trading, bartering or exchanging the fentanyl for something else that has value. It also may include an offer or an express or implied promise to trade, barter or exchange the fentanyl for something of value. It does not matter whether the transaction was done by someone acting on his or her own behalf, or whether it was done by someone acting as an agent or employee on behalf of someone else.]

[To dispense means to distribute, leave with, give away, dispose of, or deliver.]

The term fentanyl means any quantity of fentanyl, including any compound, mixture, or preparation including salts, isomers, or salts of isomers containing fentanyl. [Fentanyl also means fentanyl-related substances as defined in rules adopted by the Department of Health.]

Here the State alleges that (Def)_______________ [sold] [dispensed] fentanyl, in an amount consisting of 4 milligrams or more of one or more [preparations] [compounds] [mixtures] [substances] containing fentanyl, by (specific acts)_______________.

The last essential element is that (Def)_______________ [sold] [dispensed] the fentanyl knowingly and unlawfully.

The word knowingly means that (Def)_______________ [sold] [dispensed] the fentanyl voluntarily and consciously, and not inadvertently, because of mistake, or by accident. Further, the State must have proven that (Def)_______________ [had actual knowledge that one or more preparations, compounds, mixtures, or substances contained fentanyl] [or] [was aware that there is a high probability that one or more preparations, compounds, mixtures, or substances contained fentanyl, and took deliberate actions to avoid learning that they contained fentanyl].

The word unlawfully means that (Def)_______________ deliberately did something which the law forbids.

In determining whether (Def)_______________ [sold] [dispensed] fentanyl knowingly and unlawfully, you should consider all of the surrounding facts and circumstances.

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.