SEQ CHAPTER \h \r 1CR22-046 07/15/03

SIMPLE ASSAULT BY MUTUAL CONSENT -- 13 V.S.A. § 1023(b)

With regard to your verdict in this matter: If you find (Def)_______________ guilty of simple assault, there will be one further matter for you to consider.  The law requires you to decide whether this offense was the result of mutual consent.     

You should consider:

(1) If (Def)_______________ is guilty of simple assault,

(2) Did the offense occur in a fight or scuffle between (Def)_______________ and (victim)_______________, and

(3) Did (Def)_______________ and (victim)_______________ enter into the fight or scuffle by mutual consent?

Mutual consent means that both (Def)_______________ and (victim)_______________ agreed to engage in the fight or scuffle, and that neither one was forced to participate.

You have three possible verdicts.  You may find (Def)_______________ not guilty of any crime; you may find [him] [her] guilty of the crime of simple assault; or you may find [him] [her] guilty of the crime of simple assault by mutual consent.  I will inquire specifically about your verdict.