CR28-851 01/31/23

UNLAWFUL TRESPASS (LAND) (ACTUAL COMMUNICATION), 13 V.S.A. § 3705(a)(1)(A)

The State has charged (Def)_______________ with unlawful trespass, 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) [entered] [remained] [on] [in] [at] [land] [a place], specifically ____________________;

(3) [he] [she] did so without either legal authority or the consent of the person in lawful possession; and

(4) (Def)_______________ had received notice against trespass by actual communication by [a law enforcement officer acting on behalf of] the person in lawful possession [or [his] [her] agent].

(5) (Def)_______________ knew, as a result of the communication, that [he] [she] had no lawful authority or consent to be at (place/location)____________________.

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

The second essential element is that (Def)_______________ [entered] [remained] [on] [in] [at] [land] [a place], specifically ____________________.

The third essential element is that (Def)_______________ acted without either legal authority or the consent of the person in lawful possession. Here possession means actual control by physical occupation and exercise of that control. Lawful possession means a rightful possession, authorized by law, and it means the right to exercise control over the property. Consent is defined as words or actions by the other person, indicating a voluntary agreement that a person may enter the property.

The fourth essential element is that (Def)_______________ had received notice against trespass by actual communication by [a law enforcement officer acting on behalf of] the person in lawful possession [or [his] [her] agent]. Actual communication means direct communication from one person to another; it may be either verbal or in writing. [An agent is a person who is entrusted with another’s business, and authorized to act for the other person or company.] Here the State alleges that (owner or agent)_______________ provided (Def)_______________ with notice against trespass by _______________________________.

The last essential element is that (Def)_______________ knew, as a result of the communication, that [he] [she] had no lawful authority or consent to be at (place/location)____________________.  The State must have proven that (Def)_______________ had actual knowledge of the fact that [he] [she] had no lawful authority or consent to be at (place/location)____________________.  Actual knowledge may be proven by direct or circumstantial evidence.  You may consider all of the surrounding circumstances in deciding whether (Def)_______________ had actual knowledge.

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.