SEQ CHAPTER \h \r 1CR28-161 03/03/06
CRUELTY TO ANIMALS -- 13 V.S.A. § 352(4)
The State has charged (Def)_______________ with cruelty to animals, 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) [owned] [possessed] [acted as an agent for]
[an animal] [certain animals], specifically ___________________________; and
(3) (Def)_______________ [deprived the animal[s] of
[adequate [food] [water] [shelter] [rest] [sanitation]] [necessary medical attention]]
[transported the animal[s] in overcrowded vehicles].
The first essential element is that (Def)_______________ is the person who committed the alleged acts.
The second essential element is that (Def)_______________ [owned] [possessed] [acted as an agent for] [an animal] [certain animals]. The term animal means all living sentient creatures, not human beings. A sentient creature is one which is conscious and feels pain.
[To possess an animal can mean either actual possession or constructive possession. A person has actual possession of an animal if [he] [she] knowingly has direct physical control over it. A person has constructive possession of an animal if [he] [she] knowingly has the power to exercise dominion or control over it, either directly or through another person.]
The last essential element is that (Def)_______________ [deprived the animal[s] of [adequate [food] [water] [shelter] [rest] [sanitation]] [necessary medical attention]] [transported the animal[s] in overcrowded vehicles]. [Necessary medical attention includes, but is not limited to, medical treatment for illness, injury, disease, excessive parasitism, or malformed or overgrown hoof.]
Here the State alleges that (Def)_______________ (re-state the actions charged)______ _______________________________________, by (specific acts)_____________________.
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.