CR28-173 12/20/19

AGGRAVATED CRUELTY TO ANIMALS (TORTURES, MUTILATES, OR CRUELLY BEATS) -- 13 V.S.A. § 352a(2)

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) [tortured] [mutilated] [cruelly beat] an animal; and

(3) (Def)_______________ did so intentionally, maliciously, and without just cause.

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

The second essential element is that (Def)_______________ [tortured] [mutilated] [cruelly beat] an animal. [The term torture means omission, neglect, or an act by an animal owner or other person, whereby physical pain, suffering, or death is caused or permitted to be caused to 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)_______________ [tortured] [mutilated] [cruelly beat] the animal intentionally, maliciously, and without just cause. 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)_______________. To act maliciously means to act deliberately with an evil intent to cause 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.