CR27-051                   06/20/12

LEWD OR LASCIVIOUS CONDUCT WITH CHILD – 13 V.S.A. § 2602

            The State has charged (Def)_______________ with lewd or lascivious conduct with a child, 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)        acting wilfully;

(3)        lewdly committed a [lewd] [lascivious] act [upon] [with] the body of (victim)_______________, by (specific acts)____________________;

(4)        at that time, (victim)_______________ was under the age of 16 years; and

(5)        (Def)_______________ intended to [arouse] [appeal to] [gratify]

[his or her own] [the child’s]

            [lust] [passions] [sexual desires].

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

            The second essential element is that (Def)_______________ acted wilfully.  To act wilfully means to act intentionally.  In other words, it means to do an act on purpose, and not inadvertently, 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.

            The third essential element is that (Def)_______________ lewdly committed a [lewd] [lascivious] act [upon] [with] the body of (victim)_______________.  To act lewdly means to act in an obscene or indecent manner.  The words lewd or lascivious mean that (Def)_______________’s conduct was lustful, indecent, or sexual behavior that offends current morality in Vermont.  Lewdness is defined as “gross and wanton indecency in sexual relations,” whereas lascivious means “tending to excite lust.”  To determine whether (Def)_______________’s behavior was lewd or lascivious, you should apply your sense of the community standards of decency, propriety, and morality.

            Here the State alleges that (Def)_______________ committed a [lewd] [lascivious] act [upon] [with] body of (victim)_______________, by (specific acts)_______________.

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

            [The State need not have proven that the child did not consent to the alleged [lewd] [lascivious] act.  It does not matter whether the child was a willing participant.  By law, a child under the age of 16 years is not capable of consenting to a [lewd] [lascivious] act.]

            The last essential element is that (Def)_______________ intended to [arouse] [appeal to] [gratify]  [his or her own] [the child’s]  [lust] [passions] [sexual desires]. [He] [She] must have acted purposely, with the conscious goal of [arousing] [appealing to] [gratifying] [his or her own] [the child’s] [lust] [passions] [sexual desires]. [He] [She] also must have acted voluntarily, and not inadvertently, or because of mistake, or by accident.

            Once again, the intent with which a person does an act may be shown by the way in which the person 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.

            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.