CR28-641 01/11/21

CRIMINAL THREATENING – 13 V.S.A. § 1702(a)

The State has charged (Def)_______________ with Criminal Threatening, as follows:

[Read the charge.]

            Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of this charge, the State must have proven each of these essential elements beyond a reasonable doubt. Here the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) by words or conduct threatened another person, (victim)_______________;

(3) as a result of the threat, [he] [she] placed (victim)_______________ in reasonable apprehension of death or serious bodily injury; and

(4) [he] [she] did so knowingly.

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

The second essential element is that (Def)_______________ by words or conduct threatened another person, (victim)_______________. To threaten another person means to communicate, by words or by deeds, an intention to inflict imminent harm upon that other person. Whether conduct amounts to a threat is generally discerned from the perspective of a reasonable person under similar circumstances. Here, the State alleges that (Def)_______________ threatened (victim)_______________ by (specific acts alleged)_______________. [The threat may be explicit, for example, it may be a direct verbal threat.  The threat may also be implicit, consisting of words or conduct which a reasonable person would understand to be a threat.  Whether the threat was explicit or implicit, the State must have proven that (Def)_______________ communicated an intent to inflict harm upon (victim)_______________.]

The third essential element is that (Def)_______________, as a result of the threat, placed (victim)_______________ in reasonable apprehension of death or serious bodily injury. 

Serious bodily injury means bodily injury which creates a substantial risk of death or which causes substantial loss or impairment of the function of any bodily member or organ or substantial impairment of health, or substantial disfigurement. In contrast, the term bodily injury means physical pain, illness or any impairment of physical condition.

Reasonable apprehension refers to fear that is justified under the circumstances, as judged from the point of view of an objective, ordinary, reasonable person. In other words, the fear must be one which would normally be aroused in the mind of an objective, ordinary, reasonable person under those same circumstances.

The last essential element is that (Def)_______________ acted knowingly. 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 place, or was practically certain to place, (victim)_______________ in reasonable apprehension of death or serious bodily injury.

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 charges beyond a reasonable doubt, then you must find (Def)_______________ not guilty. If the State has proven each of the essential elements of the charges beyond a reasonable doubt, then you must return a verdict of guilty.