SEQ CHAPTER \h \r 1CR28-861 03/03/06

UNLAWFUL TRESPASS (LOCKED BUILDING), 13 V.S.A. § 3705(c)

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 a building;

(3) at that time, the normal access of the building was locked; and

(4) that when (Def)_______________ entered the building, [he] [she] knew that [he] [she] was neither licensed nor privileged to do so.

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

The second essential element is that (Def)_______________ entered a building.

The third essential element is that, at that time, the normal access of the building was locked.  The words normal access mean the approach or approaches to the building which are ordinarily used by the public.

The last essential element is that when (Def)_______________ entered the building, [he] [she] knew that [he] [she] was neither licensed nor privileged to do so.  To be licensed means that a person has permission to enter, from someone with authority to give permission, such as the owner or the tenant.  You should consider all of the evidence bearing on whether or not (Def)_______________ had been granted permission to enter the premises.  To be privileged means that a person has a pre-existing legal right to enter.

The State must have proven that (Def)_______________ knew [he] [she] was neither licensed nor privileged to enter the dwelling.  Actual knowledge may be proven either by means of direct or circumstantial evidence.  You should consider all of the surrounding facts and circumstances.

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.