CR28-856 01/31/23

UNLAWFUL TRESPASS (LAND) (SIGNS OR PLACARDS), 13 V.S.A. § 3705(a)(1)(B)

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 signs or placards so designed and situated as to give reasonable notice.

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 last essential element is that (Def)_______________ had received notice against trespass by signs or placards so designed and situated as to give reasonable notice. Even if there is no evidence that (Def)_______________ received actual notice against trespass by means of direct communication, you may find that [he] [she] received notice against trespass if the owner, or the owner’s agent, posted signs or placards that were designed and situated in an manner that provided reasonable notice. Here the State alleges that (owner or agent)_______________ provided (Def)_______________ with notice against trespass by _______________________________.

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.