SEQ CHAPTER \h \r 1CR28-551 03/03/06

RESISTING ARREST – 13 V.S.A. § 3017

The State has charged (Def)_______________ with resisting arrest, 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) attempted to prevent a lawful arrest on [himself] [herself], by (specific acts)_____________;

(3) [he] [she] acted with the intent to prevent the lawful arrest; and

(4) that, at the time, it reasonably appeared that the person attempting the arrest was a law enforcement officer.

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

The second essential element is that (Def)_______________ attempted to prevent a lawful arrest on [himself] [herself].  A lawful arrest means that the law enforcement officer acted with legal authority. [You may consider the existence of a valid arrest warrant as evidence of legal authority.] [A person’s mistaken belief in the unlawfulness of the arrest is not a defense to this charge.]

For you to find an attempt, there must have been an open, physical act by (Def)_______________, along with an intent to commit the offense.  Threatening words are not enough to be an act.  You must distinguish between mere preparation, and the actual start of the criminal conduct.  Merely planning the offense, or doing some act which might be innocent in itself, is not enough.

The third essential element is that (Def)_______________ acted with the intent to prevent the lawful arrest. [He] [She] must have acted purposely, with the conscious objective of preventing the lawful arrest. [He] [She] also must have acted voluntarily, and not inadvertently, or because of mistake, or by accident.

A person’s intent 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)_______________ attempted to prevent a lawful arrest on [himself] [herself] by (specific acts)____________________.

The last essential element is that, at the time, it reasonably appeared that the person attempting the arrest was a law enforcement officer.  The term law enforcement officer means any state police officer, sheriff, deputy sheriff, [special deputy sheriff] [municipal police officer] [constable] [game warden], or other person authorized to make an arrest.  You may find that the person attempting the arrest reasonably appeared to be a law enforcement officer if, under all the circumstances, it would have appeared that way to an objective reasonable person.

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.