SEQ CHAPTER \h \r 1CR28-871 03/03/06

UNLAWFUL TRESPASS (DWELLING HOUSE), 13 V.S.A. § 3705(d)

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 dwelling house; and

(3) that when (Def)_______________ entered the dwelling house, [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 dwelling house.  A dwelling house is any home or residence where a person lives.  The State must have proven that the building was a dwelling house at the time of the entry, but there is no requirement that any occupants were actually there at the time.

The last essential element is that when (Def)_______________ entered the dwelling house, [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.