SEQ CHAPTER \h \r 1CR24-571 04/21/03

AGGRAVATED MURDER (LAW ENFORCEMENT OFFICER) - 13 V.S.A. § 2311(a)(7)

[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 two elements to be added, plus a short explanation, for use when ) is charged with the aggravating factor under § 2311(a)(7).]

(__) at the time of the murder, (Def)_______________ knew that (victim)_______________ was [employed in any capacity in or about a correctional facility] [a law enforcement officer]; and

(__) at that time, (victim)_______________ was performing [his] [her] official duties.

The _____ essential element is that, at the time of the murder, (Def)_______________ knew that (victim)_______________ was [employed in any capacity in or about a correctional facility] [a law enforcement officer]. [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.]

The _____ essential element is that, at that time, (victim)_______________ was performing [his] [her] official duties.