SEQ CHAPTER \h \r 1CR24-551 01/10/06

AGGRAVATED MURDER (AVOIDING OR PREVENTING ARREST), 13 V.S.A. § 2311(a)(5)

[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.]

(__) (Def)_______________ committed the murder for the purpose of [avoiding a lawful arrest by a law enforcement officer] [preventing a law enforcement officer from lawfully arresting any person].

The _____ essential element is that (Def)_______________ committed the murder for the purpose of [avoiding a lawful arrest by a law enforcement officer] [preventing a law enforcement officer from lawfully arresting any person].  The term law enforcement officer means any state police officer, sheriff, [deputy sheriff] [special deputy sheriff] [municipal police officer] [constable] [game warden], or other person authorized to make an arrest.  A lawful arrest means that a law enforcement officer holds or detains a person based on the officer’s legal authority.

You may find that (Def)_______________ acted with the specific purpose charged by the State, if it was [his] [her] conscious objective [to avoid being arrested by a law enforcement officer] [to prevent a law enforcement officer from lawfully arresting [him] [her] [(other person)____________________].  In determining (Def)_______________’s purpose, you should consider all of the surrounding facts and circumstances established by the evidence.