SEQ CHAPTER \h \r 1CR40-311 05/05/06


POSSESSION OF HEROIN, 18 V.S.A. § 4233(a)(1)


The State has charged (Def)_______________ with possession of heroin, 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) possessed heroin; and

(3) [he] [she] did so knowingly and unlawfully.

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

The second essential element is that (Def)_______________ possessed heroin.  A person possesses heroin if he or she knowingly has direct physical control over it.  In addition, a person possesses heroin if he or she knowingly has the power and intent to exercise dominion or control over it, either directly or through another person.  It does not matter whether the person possesses the heroin by himself or herself, or jointly with someone else.

The term heroin includes every substance not chemically or physically distinguishable from it and preparations containing heroin or its derivatives, by whatever name identified and whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, as designated by the board of health by rule.

The last essential element is that (Def)_______________ possessed the heroin knowingly and unlawfully.  The word knowingly means that (Def)_______________ possessed the heroin voluntarily and consciously, and not inadvertently, because of mistake, or by accident.  The word unlawfully means that (Def)_______________ deliberately did something which the law forbids.  In determining whether (Def)_______________ possessed heroin knowingly and unlawfully, 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.