CR28-321 10/19/13
IDENTITY THEFT, under 13
V.S.A. § 2030(a)
The State has charged (Def)_______________ with [obtaining] [producing] [possessing] [using] [selling] [giving] [transferring] personal identifying information [belonging to] [pertaining to] another person, with intent to use the information to commit a [misdemeanor] [felony].
[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,
(2) [obtained] [produced] [possessed] [used] [sold] [gave] [transferred] personal identifying information [belonging to] [pertaining to] another person, specifically (other person)_______________; and
(3) [he] [she] he did so with the intent to commit a [misdemeanor] [felony], specifically (misdemeanor or felony)_______________.
The first essential element is that (Def)_______________ is the person who committed the alleged acts.
The second essential element is that (Def)_______________ [obtained] [produced] [possessed] [used] [sold] [gave] [transferred] personal identifying information [belonging to] [pertaining to] another person. Here the State alleges that [he] [she] [obtained] [produced] [possessed] [used] [sold] [gave] [transferred] the (personal identifying information)_______________[a] [belonging to] [pertaining to] (other person)_______________. According to law, (other person)_______________’s (personal identifying information)_______________ is part of [his] [her] personal identifying information.
The last essential element is that (Def)_______________ acted with the intent to commit a [misdemeanor] [felony]. Here the State alleges that [he] [she] intended to commit the [felony] [misdemeanor] of (specific felony or misdemeanor)_______________. [Insert description of specific felony or misdemeanor.]
The State must have proven that (Def)_______________ intended to commit the (specific felony or misdemeanor)_______________. This means that [he] [she] acted on purpose, and not inadvertently, because of mistake, or by accident. When you consider [his] [her] intent, you should consider all of the surrounding facts and circumstances. The State need not prove [he] [she] committed the (specific felony or misdemeanor)_______________, only that Defendant intended to commit the (specific felony or misdemeanor)_______________.
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.
[a] For a list of items included within the definition of “personal identifying information,” see 13 V.S.A. § 2030(c).