CR22-311                   03/12/12

INTERFERENCE WITH ACCESS TO EMERGENCY SERVICES (prevented access) – 13 V.S.A. § 1031

            The State has charged (Def)_______________ with interference with access to emergency services, 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)        prevented (victim)_______________ from seeking or receiving [emergency medical assistance] [emergency assistance from a third party] [emergency assistance from law enforcement], by (specific acts)_______________;

            (3)        (Def)_______________ acted willfully; and

            (4)        the act occurred during or after the commission of a crime.

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

            The second essential element is that (Def)_______________ prevented  (victim)_______________ from seeking or receiving [emergency medical assistance] [emergency assistance from a third party] [emergency assistance from law enforcement], by (specific acts)_______________. 

            The third essential element is that (Def)_______________ acted willfully.  To act willfully means to act on purpose, and not inadvertently, because of mistake, or by accident.          A person’s intent 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.

            Here the State alleges that (Def)_______________ prevented  (victim)_______________ from seeking or receiving [emergency medical assistance] [emergency assistance from a third party] [emergency assistance from law enforcement], by (specific acts)_______________; 

            The final essential element is that the act occurred during or after the commission of (name of specific crime charged in previous count)_______________.

            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.