CR22-166 02/02/18

DISORDERLY CONDUCT (DISTURBING A LAWFUL ASSEMBLY) – 13 V.S.A. § 1026(a)(4)

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) created a risk of public inconvenience or annoyance;

(3) by disturbing a lawful assembly without lawful authority;

(4) [he] [she] did so [purposely] [knowingly] [recklessly]; and

(5) [his] [her] conduct substantially impaired the effective conduct of the [assembly] [meeting].

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

The second essential element is that (Def)_______________ 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 disturbing a lawful assembly without lawful authority. The Legislature has not provided a definition of “lawful [assembly] [meeting].” Therefore, you should apply the common, ordinary meaning of the words. Thus a “lawful [assembly] [meeting]” is a group of people meeting for a legitimate purpose.

The question of whether (Def)_______________ disturbed a lawful assembly without lawful authority depends on the circumstances. An act might be lawful in some circumstances and unlawful in others. It depends on the nature and character of the assembly, the purposes for which it was held, and the usual practices governing such assemblies.

Here the State alleges that (Def)_______________ disturbed a lawful assembly of _______________, at _______________, by _______________.

The fourth 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 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.

The last essential element is that (Def)_______________’s conduct substantially impaired the effective conduct of the [assembly] [meeting]. You must consider the actual impact of [his] [her] misconduct, as opposed to any subjective effect from the content of [his] [her] expression.

You should also understand that (Def)_______________ has a constitutional right to freedom of speech. This constitutional right includes a right to express ideas by conduct, as well as by spoken words. However, there are limits to the right to free speech. One person does not have a right to exercise free speech in a way that prevents others from exercising their own rights of free association and discussion. One person’s exercise of free speech must respect the rights of others. For these reasons, (Def)_______________ may be found guilty of disorderly conduct only if the State has proven all the essential elements of the charge, including the final essential element that [his] [her] conduct significantly impaired the effective conduct of a lawful [assembly] [meeting].

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, then you must return a verdict of guilty.