CR27-636 01/11/18
VOYEURISM (SURVEILLANCE OF PERSON IN A HOME)
– 13 V.S.A. § 2605(d)
The State has charged (Def)_______________
with voyeurism, 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)
intentionally
[conducted surveillance of] [photographed] [filmed] [recorded in any format]
another person, (victim)_______________;
(3)
without
(victim)_______________’s knowledge and consent; and
(4)
while (victim)_______________
was in a place where [he] [she] would have a reasonable expectation of
privacy within a home or residence.
The first essential element is that (Def)_______________
is the person who committed the alleged acts.
The second essential element is that (Def)_______________ intentionally [conducted surveillance of] [photographed] [filmed] [recorded in any format] another person, (victim)_______________. [Surveillance means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of that person.]
The State must have
proven that (Def)_______________ [conducted
surveillance of] [photographed] [filmed] [recorded] (victim)_______________ intentionally, which means
purposely, and not inadvertently, because of mistake, or by accident. You
may find that (Def)_______________ acted intentionally if it was [his] [her]
conscious objective to [conduct
surveillance of] [photograph] [film] [record] (victim)_______________. 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)_______________
[conducted surveillance of] [viewed] [photographed] [filmed] [recorded]
(victim)_______________ without (victim)_______________’s knowledge and
consent.
The last essential element is that (Def)_______________
did so while (victim)_______________
was in a place where [he] [she] would have a reasonable expectation of
privacy within a home or residence. This means [a place in which a reasonable
person would believe that he or she could disrobe in privacy, without his or
her undressing being viewed by another] [or] [a place in which a reasonable
person would expect to be safe from unwanted intrusion or surveillance].
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.