Vermont Model Criminal Jury Instructions CR52-101

The State has charged (Def)_______________ with worrying a moose, 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) worried a moose; and

(3) [he] [she] knew or should have known that [his] [her] actions would worry the moose.

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

The second essential element is that (Def)_______________ worried a moose. To worry a moose means to intentionally harass it.

[For a fuller definition of “taking” (which includes “worrying”), from 10 V.S.A. § 4001(23), see CR50-023.]

The third essential element is that (Def)_______________ knew or should have known that [his] [her] actions would worry the moose. In other words, the State must have proven that he acted purposely, and not inadvertently, because of mistake, or by accident. There must have been a reason for [him] [her] to anticipate that [his] [her] actions would worry the moose. In determining whether (Def)_______________ knew or should have known that [his] [her] actions would worry the moose, you should consider all of the surrounding facts and circumstances established by the evidence.

Here the State alleges that (Def)_______________ worried a moose by (specific acts)_______________.

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.