CR22-312                   01/13/12

INTERFERENCE WITH ACCESS TO EMERGENCY SERVICES (attempted to prevent 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)        attempted to prevent (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 with the intent of preventing (victim)_______________ from seeking or receiving [emergency medical assistance] [emergency assistance from a third party] [emergency assistance from law enforcement]; 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)_______________ attempted to prevent (victim)_______________ from seeking or receiving [emergency medical assistance] [emergency assistance from a third party] [emergency assistance from law enforcement], by (specific acts)_______________.  For you to find an attempt, there must have been an open, physical act by (Def)_______________, along with an intent to commit the offense.  Threatening words are not enough to be an act.  You must distinguish between mere preparation, and the actual start of the criminal conduct.  Merely planning the offense, or doing some act which might be innocent in itself, is not enough.

            The third essential element is that (Def)_______________ acted with the intent to prevent (victim)_______________ from seeking or receiving seeking or receiving [emergency medical assistance] [emergency assistance from a third party] [emergency assistance from law enforcement].  [He] [She] must have acted purposely, with the conscious objective of preventing (victim)_______________ from seeking or receiving [emergency medical assistance] [emergency assistance from a third party] [emergency assistance from law enforcement].  [He] [She] also must have acted voluntarily, and not inadvertently, or 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)_______________ attempted to prevent (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.