SEQ CHAPTER \h \r 1CR22-231 09/16/05

 

SIMPLE ASSAULT ON A LAW ENFORCEMENT OFFICER (CAUSED BODILY INJURY)

 

(13 V.S.A. § 1023(a)(1) and § 1028)

 

The State has charged (Def)_______________ with simple assault on a law enforcement officer, 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) caused bodily injury to (victim)_______________, by (specific acts)_______________;

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

(4) (Def)_______________ knew or should have known that (victim)_______________ was a law enforcement officer; and

(5) that, at the time of the alleged acts, (victim)_______________ was a law enforcement officer performing a lawful duty.

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

The second essential element is that (Def)_______________ caused bodily injury to (victim)_______________.  The term bodily injury means any physical pain, illness or any impairment of physical condition.  Here the State alleges that (Def)_______________ caused bodily injury to (victim)_______________, by (specific acts)_______________.

The third 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 does an act may be shown by the way in which he or she 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 fourth essential element is that (Def)_______________ knew or should have known that (victim)_______________ was a law enforcement officer.  The term law enforcement officer means any state police officer, sheriff, deputy sheriff, special deputy sheriff, municipal police officer, constable, or game warden.

The last essential element is that, at the time of (Def)_______________’s acts, (victim)_______________ was performing a lawful duty as a law enforcement officer.  The lawfulness of an officer’s actions are defined by the scope of the officer’s duty and authority.  A law enforcement officer was not performing a lawful duty if [he] [she] was pursuing [his] [her] own interests.

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.