CR28-171 12/20/19

AGGRAVATED CRUELTY TO ANIMALS (UNDUE PAIN OR SUFFERING) -- 13 V.S.A. § 352a(1)

The State has charged (Def)_______________ with aggravated 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) killed an animal;

(3) by intentionally causing the animal undue pain or suffering.

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

The second essential element is that (Def)_______________ killed an animal. The term animal means all living sentient creatures, not human beings. A sentient creature is one which is conscious and feels pain.

The last essential element is that (Def)_______________ killed the animal by intentionally causing it undue pain or suffering. A person acts intentionally if he or she acts 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 cause (specific alleged harm)_______________.

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.