CR25-181†††††††††††††††††† 07/18/08




13 V.S.A. ß 2407(a)(2)


††††††††††† The State has charged (Def)_______________ with unlawful restraint in the first 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)††††††† held (victim)_______________ in a condition of involuntary servitude, by (specific acts)_______________; and

(3)††††††† [he] [she] did so intentionally.

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

††††††††††† The second essential element is that (Def)_______________ held (victim)_______________ in a condition of involuntary servitude.† To hold another person means to restrain that other person, and to restrict the other personís movement without his or her agreement or consent.† A restraint is without consent if it is accomplished by force, threat, or deception.

††††††††††† [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.]

††††††††††† Involuntary servitude means the condition of a person who is compelled, against his or her will, to labor or perform services for another, whether or not (victim)_______________ is paid.† To compel means to force, or to exert pressure, so as to overcome the free will of the other person.

††††††††††† The last essential element is that (Def)_______________ acted with the required intent.† [He] [She] must have acted with a conscious objective of holding (victim)_______________ in a condition of involuntary servitude. [He] [She] also must have acted voluntarily, and not inadvertently, or because of mistake, or by accident.

††††††††††† The intent with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct.† In determining (Def)_______________ís intent, you should consider all of the surrounding facts and circumstances established by the evidence.

††††††††††† Here the State alleges that (Def)_______________ intentionally held (victim)_______________ in a condition of involuntary servitude, by (specific acts)___________________.

††††††††††† 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.