CR27-641 01/11/18
VOYEURISM (RECORDING OF SEXUAL CONDUCT) – 13
V.S.A. § 2605(e)
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
[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 a person has a reasonable expectation of privacy;
and
(5)
while (victim)_______________ was engaged in
sexual conduct.
The first essential element is that (Def)_______________
is the person who committed the alleged acts.
The second essential element is that (Def)_______________
intentionally [photographed] [filmed] [recorded in any format] another person, (victim)_______________.
The State must have proven that (Def)_______________ [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 [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)_______________
[viewed] [photographed] [filmed] [recorded] (victim)_______________ without
(victim)_______________’s knowledge and consent.
The fourth essential element is that (Def)_______________ did so while (victim)_______________ was in a place where a person has a reasonable expectation of privacy. 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].
The last essential
element is that (Def)_______________
[photographed] [filmed] [recorded] (victim)_______________ while (victim)_______________
was engaged in sexual conduct. Here the term sexual conduct is
defined to mean any of the following:
(A) any conduct involving contact between
the penis and the vulva, the penis and the penis, the penis and the anus, the
mouth and the penis, the mouth and the anus, the vulva and the vulva or the
mouth and the vulva;
(B) any intrusion, however slight, by any
part of a person’s body or any object into the genital or anal opening of
another with the intent of arousing, appealing to, or gratifying the lust,
passions or sexual desire of any person;
(C) any intentional touching, not through
the clothing, of the genitals, anus or breasts of another with the intent of
arousing, appealing to, or gratifying the lust, passions or sexual desire of
any person;
(D) masturbation;
(E) bestiality; or
(F) sadomasochistic abuse for sexual
purposes.
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.