CR22-161 02/02/18

DISORDERLY CONDUCT (ABUSIVE OR OBSCENE LANGUAGE) – 13 V.S.A. § 1026(a)(3)

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 using [abusive] [obscene] language in a public place;

(4) under the circumstances, the language used by (Def)_______________ was “fighting words” which were likely to incite an immediate breach of the peace; and

(5) [he] [she] acted [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)_______________ created the risk of public inconvenience or annoyance by using [abusive] [obscene] language in a public place. [Abusive language means coarse, insulting words.] [You may find that language is obscene if it is objectionable or offensive to accepted standards of decency in the community, and in some significant way, erotic.] A public place is an area that is open to common or general use.

The fourth essential element is that, under the circumstances, the language used by (Def)_______________ was “fighting words” which were likely to incite an immediate breach of the peace. The State need not have proven that a fight actually occurred, but the State must have proven that, under the circumstances, (Def)_______________’s words were likely to provoke the listener to start a fight. Here the State alleges that (Def)_______________ created a risk of public inconvenience or annoyance 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.