†SEQ CHAPTER \h \r 1CR25-141 11/21/06

 

UNLAWFUL RESTRAINT IN THE SECOND DEGREE (MENTALLY INCOMPETENT

 

PERSON) -- 13 V.S.A. ß 2406(a)(2)

 

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 [a mentally incompetent person] [a person entrusted by authority of law to the custody of another person or an institution];

(4) (Def)_______________ took this action without the consent of the [person] [institution] with lawful custody over (victim)_______________, specifically (custodian)_______________; and

(5) (Def)_______________ knew that [he] [she] had no right to take this action without the consent of (victim)_______________ís 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 personís 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 [a mentally incompetent person.† This means that a court [has determined] [could determine] that (victim)_______________ is mentally incompetent.] [a person entrusted by authority of law to the custody of another person or an institution.]

The fourth essential element is that (Def)_______________ took this action without the agreement or consent of the [person] [institution] with lawful custody over (victim)_______________.† A personís custodian is someone who has legal care and control over that person. [An action is without consent if it is accomplished without the custodianís 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 deeds.]

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