CR22-503 7/19/18
STALKING -- 13 V.S.A. § 1062 (based
on 2015 amendments)
The
State has charged (Def)_______________ with stalking, 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 dates and at the places alleged,
(1)
(Def)_______________;
(2)
intentionally engaged in a course of conduct directed at a specific person,
(victim)_______________, by (specific acts)_______________;
(3) that
(Def)_______________ knew or should have known would cause a reasonable person
[to fear for his or her safety] [to fear for the safety of another]
[substantial emotional distress].
The
first essential element is that (Def)_______________ is the person who
committed the alleged acts.
The
second essential element is that (Def)_______________ intentionally engaged in
a course of conduct directed at a specific person, (victim)_______________. 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 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. A course of conduct
means two or more acts over a period of time, however
short, in which a person follows, monitors, surveils, threatens, or makes
threats about another person, or interferes with another person’s property.
This includes acts conducted by the person directly or indirectly, and by any
action, method, device, or means. [Constitutionally protected activity is not
included within the meaning of “course of conduct.”] Here the State alleges
that (Def)_______________ intentionally engaged in a course of conduct directed
at a specific person, (victim)_______________, by (specific
acts)_______________; [In the event that ___________ (Defendant) is charged
with engaging in stalking by threats or threatening, the state need not prove
that there was an express or overt threat].
The
last essential element is that (Def)_______________ knew or should have known
that [his] [her] conduct would cause a reasonable person [to fear for his or
her safety] [to fear for the safety of another] [substantial emotional
distress]. Reasonable person means a reasonable person in (victim’s)__________’s circumstances. [Emotional distress means
significant mental suffering or distress that may, but does not necessarily,
require medical or other professional treatment or counseling.]
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, then you must return a verdict of guilty.
[See Reporter’s Notes for detailed
description of the 2015 statutory amendments, the evolution of the stalking
statutes and instructions, and applicable opinions of the Supreme Court.]