CR28-201                   06/20/12

FALSE ALARM -- 13 V.S.A. § 1751(a)

            The State has charged (Def)_______________ with giving a false alarm, 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)        [gave] [aided in giving] [abetted in giving]

a false alarm of [fire] [(other emergency)_________________________],

by (specific acts)____________________;

(3)        to [an organization which] [an official who] [a volunteer who] deals with emergencies involving danger to life or property.

(4)        [he] [she] did so [wilfully] [knowingly].

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

            The second essential element is that (Def)_______________ [gave] [aided in giving] [abetted in giving] a false alarm of [fire] [(other emergency)_______________________].  A false alarm means a baseless or fake alarm, such as a report of a fire where no fire exists.

            The third essential element is that (Def)_______________ [gave the alarm] [caused the alarm to be given] to [an organization which] [an official who] [a volunteer who] deals with emergencies involving danger to life or property.  An organization is a number of persons or a group united for some purpose or work.  An official is a person who holds a position within an organization.  An emergency is a sudden or unexpected event requiring action.  Danger means exposure to physical injury or property damage.

            The last essential element is that (Def)_______________ acted [wilfully] [knowingly], and not inadvertently, because of mistake, or by accident.  [You may find that (Def)_______________ acted wilfully if he acted intentionally.]  [You may find that (Def)_______________ acted knowingly if [he] [she] was aware that [his] [her] conduct would or was practically certain to cause a false alarm to be given.]

            The intent with which a person does an act may be shown by the way in which the person 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.

            Here the State alleges that (Def)_______________ [wilfully] [knowingly] [gave] [aided in giving] [abetted in giving]; a false alarm of [fire] [(other emergency)__________________] to (organization, official, or volunteer)______________, 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.