CR22-201 10/01/15

DISTURBING THE PEACE BY TELEPHONE OR OTHER ELECTRONIC COMMUNICATION

13 V.S.A. § 1027

The State has charged (Def)_______________ with disturbing the peace by telephone [or other electronic communication], 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) made a [telephone call or calls] [electronic communications] to (victim)_______________;

(3) when (Def)_______________ made the call [calls] [electronic communications], [he] [she] intended to [terrify] [intimidate] [threaten] [harass] [annoy] another person; and

(4) during the [call] [calls] [electronic communications], (Def)_______________

[Select from the following, striking any words not part of the charge]

[made a request, suggestion or proposal which was obscene, lewd, lascivious or indecent]

[threatened to inflict injury or physical harm to the other person or to the other person’s property]

[disturbed, or attempted to disturb, by repeated telephone calls or other electronic communications, whether or not conversation ensued, the peace, quiet or right of privacy of any person at the place where the communication or communications were received]

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

The second essential element is that (Def)_______________ made the [telephone call or calls] [electronic communications] as alleged by the State.

The third essential element is that (Def)_______________ intended to [terrify] [intimidate] [threaten] [harass] [annoy] another person. The State must have proven that (Def)_______________’s purpose at the time [he] [she] made the [telephone call] [electronic communication] was to [terrify] [intimidate] [threaten] [harass] [annoy] another person. Here the State alleges that (Def)_______________ intended to _______________ (other person)_______________ by (specific acts)____________________.

A person’s intent may be inferred from his or her actions, conduct, or words. An intent to [terrify] [threaten] [harass] [annoy] may be inferred from the use of obscene, lewd, lascivious or indecent language, or the making of [a threat] [a statement] [repeated] [telephone calls] [electronic communications], but you are not required to draw any particular inference. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

The last essential element is that, during the during the [telephone call or calls] [electronic communications], (Def)_______________:

[Select from the following, striking any words not part of the charge]

[made a request, suggestion or proposal which was obscene, lewd, lascivious or indecent]

[threatened to inflict injury or physical harm to the other person or the other person’s property]

[disturbed, or attempted to disturb, by repeated telephone calls or other electronic communications, whether or not conversation ensues, the peace, quiet or right of privacy of any person at the place where the communication or communications were received]

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 of the charge. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.