CR22-176†††††††††††††††††† 04/01/16

 

AGGRAVATED DISORDERLY CONDUCT (FIGHTING, VIOLENT, TUMULTOUS, THREATENING BEHAVIOR) Ė 13 V.S.A. ß 1026a(a)(1)

 

††††††††††† The State has charged (Def)_______________ with aggravated 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)††††††† engaged in a course of conduct directed at a specific person, _______________;

(3)††††††† by engaging in [fighting] [violent behavior] [tumultuous behavior] [threatening behavior]; and

(4)††††††† with the intent to [cause the person inconvenience or annoyance] [disturb the personís peace, quiet, or right of privacy].

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

††††††††††† The second essential element is that (Def)_______________engaged in a course of conduct directed at a specific person, (Victim)_______________.A course of conduct means a pattern of conduct composed of two or more acts over a period of time, however short, showing a continuity of purpose.

††††††††††† 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 personís 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)_______________ís position.]

††††††††††† Here the State alleges that (Def)_______________ engaged in [fighting] [violent behavior] [tumultuous behavior] [threatening behavior] by (specific acts)____________________.

The last essential element is that (Def)_______________ engaged in a course of conduct with the intent to [cause the person inconvenience or annoyance] [disturb the personís peace, quiet, or right of privacy].A person acts intentionally if he or she acts purposely, and not inadvertently, because of mistake, or by accident.The intent with which a person [acts] [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)_______________ís intent, you should consider all of the surrounding facts and circumstances established by the evidence.

[An inconvenience or annoyance is an act which harasses, bothers, irritates or disturbs another person.]

††††††††††† 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.