SEQ CHAPTER \h \r 1CR25-131 11/21/06

UNLAWFUL RESTRAINT IN THE SECOND DEGREE (PERSON UNDER 16)

13 V.S.A. § 2406(a)(1)

The State has charged (Def)_______________ with unlawful restraint in the second degree, 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 date and at the place alleged,

(1) (Def)_______________;

(2) knowingly [took] [enticed] [harbored] (victim)_______________, by (specific acts)_______________;

(3) at the time, (victim)_______________ was under the age of 16;

(4) at the time, (Def)_______________ was not a relative of (victim)_______________; and

(5) (Def)_______________ took this action without the agreement or consent of (victim)_______________’s custodian; and

(6) (Def)_______________ knew that [he] [she] had no right to take this action without the consent of (victim)_______________’s custodian.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ knowingly [took] [enticed] [harbored] (victim)_______________.  The State must have proven that (Def)_______________ acted knowingly, and not inadvertently, or because of mistake, or by accident.  [To take a person means to move that person to another place.] [To entice a person means to persuade that person to go with (Def)_______________ to another place.] [To harbor a person means to conceal or keep the person from his or her custodian, without authority or permission.]  [To harbor a person means to help or assist the person to hide from [that person’s lawful custodian] [law enforcement authorities].]

Here the State alleges that (Def)_______________ knowingly [took] [enticed] [harbored] (victim)_______________, by (specific acts)_______________.

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

The fourth essential element is that, at the time, (Def)_______________ was not a relative of (victim)_______________.  For persons to be relatives means that they have a family connection by blood, marriage, civil union, or adoption.

The fifth essential element is that (Def)_______________ took this action without the agreement or consent of (victim)_______________’s custodian.  A person’s custodian is someone who has legal care and control over that person. [An action is without consent if it is accomplished without the custodian’s knowledge and specific permission.] [An action is without consent if the custodian agreed to or acquiesced in response to force, threat, or deception.  To acquiesce means that a person tacitly agrees to something, by not objecting to it when given an opportunity to do so.  Force means power, compulsion, or strength directed at another, to accomplish a goal.  A threat is a statement that the speaker intends to harm or injure someone else, by means of some unlawful act.  Deception is intentionally misleading someone by a false statement; the statement may be communicated by words or by deed.]

The last essential element is that (Def)_______________ knew that [he] [she] had no right to take this action without the consent of (victim)_______________’s custodian.

All of the elements of the offense must have been present at the same time.  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.  However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.