CR28-921 11/20/17
FINANCIAL EXPLOITATION OF A VULNERABLE ADULT ($500 OR LESS) – 13 V.S.A. § 1380(b)
The State has charged (Def)_______________
with Financial Exploitation of a Vulnerable Adult, 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)
[used]
[withheld] [transferred] [disposed of] [funds] [property] belonging to (victim)_______________;
(3)
(victim)_______________
was, at the time in question, a vulnerable adult;
(4)
(Def)_______________
[used] [withheld] [transferred] [disposed of] the [funds] [property] [without]
[in excess of]
legal authority;
(5)
(Def)_______________
[used] [withheld] [transferred] [disposed of] the [funds] [property] for
wrongful profit or advantage; and
(6)
[he]
[she] did so willfully.
The first essential element is that (Def)_______________ is the person who committed the alleged acts.
The second essential element is that (Def)_______________
[used] [withheld] [transferred] [disposed of] the [funds] [property] of (victim)_______________.
[To withhold funds is to keep them away from someone who has a right to access
them.] The State has alleged that (Def)_______________ did so by (specific acts)_______________.
The third essential element is that (victim)_______________
was, at the date and times alleged, a “vulnerable adult.” A “vulnerable adult”
is a person 18 years of age or older who [is a resident of a facility required
to be licensed by the Agency of Human services, such as an assisted living
residence, home for persons who are terminally ill, nursing home, residential
care home, or therapeutic community residence] [is a resident of a psychiatric
hospital or a psychiatric unit of a hospital] [has been receiving personal care
and services from an agency certified by the Vermont Department of Aging and Independent
living or from a person or organization that offers, provides, or arranges for
personal care] [is impaired due to brain damage, infirmities of aging, or a
physical, mental, or developmental disability that results in some impairment
of the individual’s ability to (i) provide for his or
her own care without assistance, including the provision of food, shelter,
clothing, health care, supervision, or management of finances; or (ii) protect
himself or herself from abuse, neglect, or exploitation].
The fourth
essential element is that (Def)_______________ [used] [withheld] [transferred]
[disposed of] (victim)_______________’s [funds] [property] [without] [in excess of] legal authority. This means that (Def)_______________
acted without permission or other lawful authority [or beyond the authority
that [he] [she] was actually granted].
The fifth essential element is that (Def)_______________
[used] [withheld] [transferred] [disposed of] (victim)_______________’s [funds]
[property] for wrongful profit or advantage. The phrase “wrongful profit or
advantage” includes [using] [withholding] [transferring] [disposing of] another
person’s money or property without permission or other lawful authority for
one’s own financial gain or purpose. Here the State must show that if (Def)_______________
[used] [withheld] [transferred] [disposed of] the [funds] [property] of (victim)_______________,
[he] [she] did so for [his] [her] own gain, and not in the interests of or on
behalf of (victim)_______________.
The last essential element is that (Def)_______________
committed these acts willfully. To act willfully means to act
intentionally. In other words, it means to do an act on purpose, and not
inadvertently, because of mistake, or by accident.
All of the essential 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.