CR28-541                   06/20/12

FALSE SWEARING -- 13 V.S.A. § 2904

            The State has charged (Def)_______________ with false swearing, 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)        made a false [statement] [representation];

(3)        [he] [she] did so wilfully;

(4)        [he] [she] made the [statement] [representation] about something for which an [oath] [affirmation] was required; and

(5)        [he] [she] made the false [statement] [representation] when [he] [she] was under [oath] [affirmation] to tell the truth.

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

            The second essential element is that (Def)_______________ made a false [statement] [representation].

            The third essential element is that (Def)_______________ made the false statement wilfully.  This means that [he] [she] did so intentionally, and not inadvertently, because of mistake, or by accident.

            The fourth essential element is that (Def)_______________ made the [statement] [representation] about something for which an [oath] [affirmation] was required.

            The last essential element is that (Def)_______________ made the false [statement] [representation] after [he] [she] had [taken an oath] [made an affirmation] to tell the truth.

            As an additional issue to consider, you should understand that a conviction for false swearing requires more than the uncorroborated testimony of just one witness.  False swearing may be proven by the testimony of one witness, if it is corroborated by other direct or circumstantial evidence.  The independent corroborating evidence must be equal in weight to the testimony of a second witness, and it must also be inconsistent with the innocence of (Def)_______________.

            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.