CR28-606 12/06/23

HATE CRIME — 13 V.S.A. § 1455

The State has charged (Def)_______________ with hate-motivated (underlying crime)_______________, 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.  Here, the essential elements are that on the date and at the place alleged,

[Insert elements of underlying crime here]

[To be added as the last element of the underlying crime:] (Def)_______________’s conduct was motivated, in whole or in part, by (victim)_______________’s actual or perceived [race] [color] [religion] [national origin] [sex] [ancestry] [age] [service in the U.S. Armed Forces or the National Guard] [disability] [sexual orientation] [gender identity].

[Insert explanations and definitions for underlying crime here]

The last essential element is that, in [committing] [causing to commit] [attempting to commit] (underlying crime)_______________, (Def)_______________’s conduct was motivated, in whole or in part, by (victim)_______________’s actual or perceived [race] [color] [religion] [national origin] [sex] [ancestry] [age] [service in the U.S. Armed Forces or the National Guard] [disability] [sexual orientation] [gender identity].

In assessing (Def)_______________’s motivation for [his][her] conduct, you should consider all the facts and circumstances presented by the evidence. The [intent] [mental state] with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct. You may find that (Def)_______________’s conduct was motivated, in whole or in part, by (victim)_______________’s actual or perceived [race] [color] [religion] [national origin] [sex] [ancestry] [age] [service in the U.S. Armed Forces or the National Guard] [disability] [sexual orientation] [gender identity] if (victim)_______________’s actual or perceived [race] [color] [religion] [national origin] [sex] [ancestry] [age] [service in the U.S. Armed Forces or the National Guard] [disability] [sexual orientation] [gender identity] was an incentive or reason for (Def)_______________’s conduct. (Victim)_______________’s actual or perceived [race] [color] [religion] [national origin] [sex] [ancestry] [age] [service in the U.S. Armed Forces or the National Guard] [disability] [sexual orientation] [gender identity] need not be the predominant reason or the sole reason for (Def)_______________’s conduct. [An individual with a disability means any natural person who [has a physical or mental impairment which substantially limits one or more major life activities] [has a history or record of such an impairment] [is regarded as having such an impairment].]

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.

[Transition to lesser included offense of underlying crime without hate-motivating factor]