CR09-331 07/31/15
ACCESSORY
AFTER THE FACT – 13 V.S.A. § 5
The State has charged (Def)_______________ with being an
accessory after the fact, 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.
Here the essential elements are as follows:
(1)
(Def)_______________;
(2)
knew
that another person, namely (offender)_______________, had committed a crime;
(3)
the
crime committed by (offender)_______________ was a felony;
(4)
(Def)_______________
[harbored] [concealed] [maintained] [assisted] (offender)_______________,
thereby helping [him] [her] to avoid or escape arrest or punishment for the
felony;
(5)
(Def)_______________
acted with an intention of helping (offender)_______________ avoid or escape
arrest or punishment for the felony; and
(6)
at that time, [he] [she] did not
stand in the relation of husband, wife, grandparent, child, grandchild, brother,
or sister, by consanguinity or affinity to (offender)_______________.
The
first element is that (Def)_______________ is the
person who committed the acts charged.
The
second element is that (Def)_______________ knew
(offender)_______________ had committed a crime. Here the State alleges that (offender)_______________ had committed the crime of
(crime)_______________.
[insert
elements and explanation of the crime that offender is alleged to have
committed.]
The third element is that the crime
committed by (offender)_______________ was a felony in
Vermont. As a matter of law, the crime
of _______________ is a felony in Vermont.
The State does not have to prove that (Def)_______________
knew that the (crime)_______________ was a felony, nor does the State have to prove
that (offender)_______________ was convicted of the (crime)_______________.
The
fourth element is that (Def)_______________ [harbored]
[concealed] [maintained] [assisted] (offender)_______________, and thereby
helped [him] [her] to avoid or escape arrest or punishment for the felony. Here the State alleges that (Def)_______________ [harbored]
[concealed] [maintained] [assisted] (offender)_______________ by (specific
acts)_______________.
The fifth element is that, when (Def)_______________ [harbored] [concealed] [maintained]
[assisted] (offender)_______________, [he] [she] acted with the intention of
helping (offender)_______________ avoid or escape arrest or punishment. [He] [She] must have acted purposely, and not
inadvertently, because of mistake, or by accident. You may find that [he] [she] acted
intentionally if it was [his] [her] conscious objective to help (offender)_______________ avoid or escape arrest or punishment. The State need not have proven that (Def)_______________ succeeded in helping
(offender)_______________ avoid or escape arrest or punishment.
The last element is that (Def)_______________ did not stand in the relation of husband,
wife, grandparent, child, grandchild, brother, or sister, by consanguinity or
affinity to (offender)_______________.
To be related by consanguinity means to be related by blood. To be related by affinity means to be related
by marriage, civil union, or adoption.
All of the elements 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.