CR27-501 07/11/18

SEXUAL EXPLOITATION OF AN INMATE – 13 V.S.A. § 3257(a)(1)

The State has charged (Def)_______________ with sexual exploitation of an inmate, 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. Here, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) while [he] [she] was [employed by the department of corrections] [a contractor for the department of corrections] [a person providing services to offenders [on behalf of the department of corrections] [pursuant to a court order]];

(3) engaged in a sexual act with (victim)_______________;

(4) at the time, (victim)_______________ was confined to (correctional facility)_______________; and

(5) (Def)_______________ knew that (victim)_______________ was confined to (correctional facility)_______________.

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

The second essential element is that (Def)_______________ was [employed by the department of corrections] [a contractor for the department of corrections] [a person providing services to offenders [on behalf of the department of corrections] [pursuant to a court order]] at the time the sexual act took place.

The third essential element is that (Def)_______________ engaged in a sexual act with (victim)_______________. A sexual act means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however, slight, by any part of a person’s body or any object into the genital or anal opening of another. The word contact, as used in this charge, means mere touching, however slight. [The word vulva means the external genital organs of the female, including the labia majora, labia minora, clitoris, and the entrance to the vagina.]

The fourth essential element is that (victim)_______________ [was confined at (correctional facility)][was being supervised by the department of corrections while on parole, probation, supervised community sentence, or furlough, where the employee, contractor, or other service provider is currently engaged in a direct supervisory relationship with the person being supervised]_______________ at the time the sexual act took place.

The fifth essential element is that (Def)_______________ knew that (victim)_______________ [was confined at (correctional facility)][was being supervised by the department of corrections while on parole, probation, supervised community sentence, or furlough, where the employee, contractor, or other service provider is currently engaged in a direct supervisory relationship with the person being supervised]_______________ at the time the sexual act took place.

[The State need not have proven that (victim)_______________ did not consent to the sexual act. It does not matter whether (victim)_______________ was a willing participant. By law, a person [confined to a correctional facility] [under direct supervision by an employee, contractor or other service provider of the department of corrections] is not capable of consenting to a sexual act with [a corrections officer][contractor for the department of corrections][a person providing services to offenders on behalf of the department of corrections/pursuant to a court order].

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.