Vermont Model Criminal Jury Instructions CR40-601

The State has charged (Def)_______________ with obtaining a regulated drug by deceit, 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) obtained a regulated drug, specifically (regulated drug)_______________; and

(3) [he] [she] he did so by the use of deceit.

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

The second essential element is that (Def)_______________ obtained a regulated drug. Here the State alleges that [he] [she] obtained (regulated drug)_______________, which is a regulated drug.

The last essential element is that (Def)_______________ obtained the (regulated drug)_______________ by the use of deceit. Deceit is defined as “intentionally giving a false impression.”

The State must have proven that (Def)_______________ intentionally said or did something to give others a false impression, and that [he] [she] used this deceit to obtain the (regulated drug)_______________. The State must have proven that [he] [she] acted on purpose, and not inadvertently, because of mistake, or by accident. When you consider (Def)_______________’s state of mind, 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.