CR28-104†††††††††††††††††† 06/15/16

 

CRUELTY TO A CHILD (MISDEMEANOR) -- 13 V.S.A. ß 1304(a)

 

††††††††††† The State has charged (Def)_______________ with cruelty to 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)††††††† [willfully [assaulted] [ill treated] [neglected] [abandoned] [exposed] (victim)_______________]

[caused (victim)_______________ to be [assaulted] [neglected] [abandoned] [exposed]]

[procured the [assault] [neglect] [abandonment] [exposure] of (victim)_______________];

(3)††††††† in a manner that [caused (victim)_______________ unnecessary suffering] [endangered (victim)_______________ís health];

(4)††††††† at the time, (Def)_______________ was over the age of 16;

(5)††††††† at the time, (victim)_______________ was a child; and

(6)††††††† at the time, (Def)_______________ had [custody] [charge] [care] of (victim)_______________.

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

††††††††††† The second essential element is that (Def)_______________ [willfully [assaulted] [ill treated] [neglected] [abandoned] [exposed] (victim)_______________]

[caused (victim)_______________ to be [assaulted] [neglected] [abandoned] [exposed]]

[procured the [assault] [neglect] [abandonment] [exposure] of (victim)_______________].

††††††††††† As part of the second essential element, the State must have proven that (Def)_______________ acted willfully.(Def)_______________ must have acted intentionally, and not inadvertently, because of mistake, or by accident.

††††††††††† A personís intent may be shown by the way in which the person expresses it to others, or by his or her conduct.In determining (Def)_______________ís intent, you should consider all of the surrounding facts and circumstances established by the evidence.

††††††††††† [Here the term assault means that (Def)_______________ willfully [caused bodily injury to (victim)_______________] [placed (victim)_______________ in fear of bodily injury].The term bodily injury means any physical pain, illness or any impairment of physical condition.]

††††††††††† [Here the term ill treatment means behavior toward another person that is intended to bring about unnecessary suffering or distress.]

††††††††††† [Here the term neglect means a failure to care for, protect, or support another person.]

††††††††††† [To abandon a child means to desert the child, thereby violating a duty to provide for the childís care, protection or support.]

††††††††††† [Here the word expose means to place the child in a position that was open to danger.]

††††††††††† [To procure means to get and make available for a particular purpose.]

††††††††††† Here the State alleges that (Def)_______________ (re-state the actions charged)_____ _______________________________________, by (specific acts)__________________.

††††††††††† The third essential element is that (Def)_______________ acted in a manner that [caused (victim)_______________ unnecessary suffering] [endangered (victim)_______________ís health].

††††††††††† The fourth essential element is that, at the time of the alleged offense, (Def)_______________ was over the age of 16.

††††††††††† The fifth essential element is that, at the time of the alleged offense, (victim)_______________ was a child.The State need not have proven that (Def)_______________ knew (victim)_______________ was a child.

††††††††††† The last essential element is that, at the time of the alleged offense, (Def)_______________ had [custody] [charge] [care] of (victim)_______________.This means that (Def)_______________ had a duty to care for (victim)_______________, as a person responsible for [his] [her] care.

††††††††††† 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.