SEQ CHAPTER \h \r 1CR22-021 09/16/05

SIMPLE ASSAULT -- 13 V.S.A. § 1023(a)(1)

The State has charged (Def)_______________ with simple assault, 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) caused bodily injury to (victim)_______________, by (specific acts)_______________; and

(3) [he] [she] did so [purposely] [knowingly] [recklessly].

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

The second essential element is that (Def)_______________ caused bodily injury to (victim)_______________.  The term bodily injury means any physical pain, illness or any impairment of physical condition.  To cause bodily injury means that (Def)_______________’s acts produced bodily injury to (victim)_______________ in a natural and continuous sequence, unbroken by any efficient intervening cause.

The last essential element is that (Def)_______________ acted [purposely] [knowingly] [recklessly].

[If purposely, insert “purposely” instruction, CR06-121.]

[If knowingly, insert “knowingly” instruction, CR06-131.]

[If recklessly, insert “recklessly” instruction, CR06-141.]

The [mental state] [intent] with which a person does an act may be shown by the way in which the person expresses it to others, or by his or her conduct.  In determining (Def)_______________’s [mental state] [intent], you should consider all of the surrounding facts and circumstances established by the evidence.

Here the State alleges that (Def)_______________ [purposely] [knowingly] [recklessly] caused bodily injury to (victim)_______________, 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.