AGGRAVATED DISORDERLY CONDUCT (THREATENS BODILY INJURY OR FELONY CRIME OF VIOLENCE) – 13 V.S.A. § 1026a(a)(4)
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 threatening [bodily injury] [serious bodily injury] [to commit a felony crime of violence]; 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)_______________ threatened [bodily injury] [serious bodily injury] [to commit a felony crime of violence].
To threaten another person means to communicate, by words or by deeds, an intention to inflict harm upon that other person.
[The term bodily injury means physical pain, illness or any impairment of physical condition.] [Serious bodily injury means bodily injury which creates a substantial risk of death or which causes substantial loss or impairment of the function of any bodily member or organ or substantial impairment of health, or substantial disfigurement, or strangulation by intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.]
[The term felony crime of violence is defined by statute, and includes certain specific crimes. As a matter of law, the act (Def)_______________ is alleged to have threatened to commit, (specific act threatened)____________________, if you find [he] [she] did in fact make that threat, is a felony crime of violence.]
Here the State alleges that (Def)_______________ threatened [bodily injury] [serious bodily injury] [to commit a felony crime of violence], 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.