SEQ CHAPTER \h \r 1CR24-541 01/10/06

AGGRAVATED MURDER (RISK OF DEATH TO ANOTHER PERSON), 13 V.S.A. § 2311(a)(4)

[Explanation: The statute, § 2311, lists 8 categories of aggravating factors.  When the defendant is charged with aggravated murder, the aggravation element is added to the underlying charge of murder under § 2301.  The following is a statement of the element to be added, plus a short explanation, for use when the above-described aggravating factor is charged.]

(__) at the time of the murder, (Def)_______________ knowingly created a great risk of death to [another person] [other persons], specifically _______________.

The ______ essential element is that, at the time of the murder, (Def)_______________ knowingly created a great risk of death to another person or persons.  The State must have proven that (Def)_______________ created the risk knowingly, and not inadvertently, or because of mistake, or by accident.  You may find that (Def)_______________ acted knowingly if [he] [she] was aware that [his] [her] conduct would or was practically certain to create a great risk of death to another person or persons.  In determining whether (Def)_______________ acted knowingly, you should consider all of the surrounding facts and circumstances established by the evidence.

Here the State alleges that (Def)_______________ knowingly created a great risk of death to (other person[s])____________________, by (specific acts)____________________.