CR25-181                   07/18/08

UNLAWFUL RESTRAINT IN THE FIRST DEGREE (INVOLUNTARY SERVITUDE)

13 V.S.A. § 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 person’s 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)_______________’s 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.