SEQ CHAPTER \h \r 1CR22-522 04/07/08

AGGRAVATED STALKING (PERSON UNDER 16 YEARS) -- 13 V.S.A. § 1063(a)(4) (2005)

The State has charged (Def)_______________ with aggravated 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 that consisted of [following] [lying in wait for] [harassing] (victim)_______________, by (specific acts)_______________;

(3) (Def)_______________’s intentional conduct would cause a reasonable person [to fear for his or her physical safety] [substantial emotional distress];

(4) [he] [she] did the alleged acts without any legitimate purpose; and

(5) (victim)_______________ was under the age of 16 years at the time of the alleged conduct.

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 that consisted of [following] [lying in wait for] [harassing] (victim)_______________.

A course of conduct means a pattern of conduct composed of two or more acts over a period of time, however short, showing a continuity of purpose.  [Constitutionally protected activity is not included within the meaning of “course of conduct.”]

[Following means maintaining over a period of time a visual or physical closeness to another person in such manner as would cause a reasonable person to have a fear of unlawful sexual conduct, unlawful restraint, bodily injury, or death.]

[Lying in wait means hiding or being concealed for the purpose of attacking or harming another person.]

[Harassing means actions directed at a specific person, or a member of the person’s family, which would cause a reasonable person to fear unlawful sexual conduct, unlawful restraint, bodily injury, or death, including but not limited to verbal threats, written, telephonic or other electronically communicated threats, vandalism, or physical contact without consent.]

Here the State alleges that (Def)_______________ intentionally engaged in a course of conduct that consisted of [following] [lying in wait for] [harassing] (victim)_______________, by (specific acts)_______________.

The third essential element is that (Def)_______________’s intentional conduct would cause a reasonable person [to fear for his or her physical safety] [substantial emotional distress].

The State must have proven (Def)_______________’s intent in two separate elements.  Under the second essential element, the State must have proven that (Def)_______________ intentionally engaged in the course of conduct that is charged as stalking; and under the third essential element, the State must have proven that [he] [she] intentionally engaged in conduct that would cause a reasonable person [to fear for his or her physical safety] [substantial emotional distress].  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.

The fourth essential element is that (Def)_______________ did the alleged acts without any legitimate purpose.

The last essential element is that (victim)_______________ was under the age of 16 years at the time of the alleged conduct.  The State need not have proven that (Def)_______________ knew (victim)_______________ was under the age of 16 years.

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.