AGGRAVATED DISORDERLY CONDUCT (UNREASONABLE NOISE) – 13 V.S.A. § 1026a(a)(2)
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,
(2) engaged in a course of conduct directed at a specific person, _______________;
(3) by making unreasonable noise; and
(4) with the intent to [cause the person inconvenience or annoyance] [disturb the person’s 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)_______________ made unreasonable noise.
Unreasonable noise means that the amount of noise made by (Def)_______________ was extremely irritating, disruptive, and unnecessary under the circumstances.
Here the State alleges that (Def)_______________ made unreasonable noise 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 person’s 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)_______________’s 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.