CR28-401                   03/03/06

HINDERING A LAW ENFORCEMENT OFFICER -- 13 V.S.A. § 3001

            The State has charged (Def)_______________ with hindering a law enforcement officer, 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)        knowingly hindered (officer)_______________, by (specific acts)__________________;

(3)        at the time of the alleged acts, (officer)_______________ was [an executive] [a judicial] [a law enforcement] [a civil] [a military] officer acting under the authority of [this state] [a subdivision of this state];

(4)        (Def)_______________ knew, or reasonably should have known, that (officer)_______________ was [an executive] [a judicial] [a law enforcement] [a civil] [a military] officer; and

(5)        (Def)_______________ had no legal right to engage in the acts alleged to have hindered the officer.

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

            The second essential element is that (Def)_______________ knowingly hindered (officer)_______________.  To hinder an officer means that  (Def)_______________ interfered directly with (officer)_______________’s ability to perform [his] [her] duties as an officer.  It is not enough for  (Def)_______________ to cause some remote effect on the officer’s discharge of [his] [her] duties.  (Def)_______________’s actions must have had an immediate effect.

            As part of the second element, the State must have proven that (Def)_______________ acted knowingly, and not inadvertently, or because of mistake, or by accident.  You may find that (Def)_______________ acted knowingly if [he] [she] was aware that [his] [her] conduct would or was practically certain to hinder the officer’s performance of [his] [her] duties.

            The mental state 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 whether (Def)_______________ acted knowingly, you should consider all of the surrounding facts and circumstances established by the evidence.

            Here the State alleges that (Def)_______________ knowingly hindered (officer)_______________, by (specific acts)_______________________.

            The third essential element is that, at the time of the alleged acts, (officer)_______________ was [an executive] [a judicial] [a law enforcement] [a civil] [a military] officer acting under the authority of [this state] [a subdivision of this state].

            [The term law enforcement officer means any state police officer, sheriff, deputy sheriff, [special deputy sheriff] [municipal police officer] [constable] [game warden] [firefighter], or any other person authorized to make an arrest.]

            [The term civil officer means a person holding an office of trust, command or authority within the civil government.  The evidence must have shown that the powers and duties of the position are defined by statute or ordinance.]

            As part of the third essential element, the State must have proven that (Def)_______________’s act occurred while the officer, (officer)_______________, was performing a lawful duty under the authority of [this state] [a subdivision of this state].  The lawfulness of an officer’s actions are defined by the scope of the officer’s duty and authority.  An officer was not performing a lawful duty if [he] [she] was pursuing [his] [her] own interests.

            The fourth essential element is that (Def)_______________ knew, or reasonably should have known, that (officer)_____________ was [an executive] [a judicial] [a law enforcement] [a civil] [a military] officer.

            The last essential element is that (Def)_______________ had no legal right to engage in the acts alleged to have hindered the officer.  A failure to follow an officer’s command is not, by itself, a crime.

            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.