CR22-151 02/02/18

DISORDERLY CONDUCT (FIGHTING, VIOLENT, TUMULTUOUS, THREATENING BEHAVIOR) – 13 V.S.A. § 1026(a)(1)

The State has charged (Def)_______________ with disorderly conduct, 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] [created a risk of] public inconvenience or annoyance;

(3) by engaging in [fighting] [violent behavior] [tumultuous behavior] [threatening behavior], by (specific acts)____________________; and

(4) [he] [she] did so [purposely] [recklessly].

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

The second essential element is that (Def)_______________ [caused] [created a risk of] public inconvenience or annoyance. The term public means that the area was open to common or general use, or that the conduct complained of affected the persons present at a particular place. An inconvenience or annoyance is an act which harasses, bothers, irritates or disturbs another person.

The third essential element is that (Def)_______________ engaged in [fighting] [violent behavior] [tumultuous behavior] [threatening behavior].

[Violent behavior includes a wide range of inappropriate behavior, such as a furious or sudden outburst, or sudden activity marked by extreme or improper force.]

[Tumultuous behavior means a violent outburst or chaotic activity.]

[Threatening behavior means behavior that communicates an intention to do harm to another person or to that person’s property. You must consider whether (Def)_______________ intended to disturb the other people around [him] [her], or whether [his] [her] conduct was likely to have that effect on a reasonable person in (victim)_______________’s position.]

Here the State alleges that (Def)_______________ engaged in _______________ behavior by (specific acts)____________________.

[The last essential element is that (Def)_______________ acted purposely, and not inadvertently, or because of mistake, or by accident. You may find that [he] [she] acted purposely if it was [his] [her] conscious objective to cause public inconvenience or annoyance.]

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

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

The [mental state] [intent] with which a person acts 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.

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.