CR09-321                   06/14/12

AIDING IN THE COMMISSION OF A FELONY – 13 V.S.A. § 3

            The State has charged (Def)_______________ with aiding in the commission of a felony, 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.  The State must have proven that (Def)_______________ aided (other participant[s])_______________ in the commission of (felony)_______________.  The elements of (felony)_______________ are that, on the date and at the place alleged:

            [Insert elements and explanation of the felony.]

            The State also must have proven that (Def)_______________ aided the (other participant[s])_______________ in [his] [her] [their] commission of the (felony)_______________.  Here aiding means that (Def)_______________ [instigated] [promoted] [encouraged] [assisted] with the commission of the (felony)_______________, and that [he] [she] did so intentionally.  Every person who intentionally participates in the commission of a crime may be convicted of that crime.

            Aiding in the commission of a crime means that (Def)_______________ intentionally associated [himself] [herself] with the criminal venture, and that [he] [she] intentionally participated in the criminal venture to help it succeed.  To act intentionally means to act on purpose, and not inadvertently, because of mistake, or by accident.

            Mere presence at the scene of a crime is not sufficient to prove participation, nor is knowledge alone sufficient to prove participation.  However, you may find that (Def)_______________ participated in an unlawful act if [he] [she] was present at the scene after having agreed to the unlawful common plan, and if [he] [she] encouraged or incited (the principal actor[s])_______________.  You may also find that (Def)_______________ participated in the unlawful act if [he] [she] was present by prior agreement, with the specific purpose of encouraging or inciting (the principal actor[s])_______________, or of providing assistance to (the principal actor[s])_______________ if it should become necessary.  Under those circumstances, the act of each is considered the act of all.  Thus it is possible that a person may aid in the commission of a crime, without necessarily performing any particular act.

            If two persons join together to form a common plan, and if they both are present at the scene for the agreed-upon purpose of committing the offense, then each person may be criminally responsible for the acts of the others in the performance of the plan.  The common plan may be proven by circumstantial evidence; it need not be the result of an express agreement between the individuals.

            Before you may find that (Def)_______________ aided in the commission of the charge felony of (felony)_______________, the State must have proven beyond a reasonable doubt that [he] [she] assisted in the commission of the (felony)_______________, and that [he] [she] acted with the same intent as that of (the principal actor[s])_______________.  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.