CR28-226 09/21/26

FORGERY (UTTERING FORGED OR COUNTERFEITED INSTRUMENT) – 13 V.S.A. § 1802

The State has charged (Def)_______________ with uttering a forged or counterfeited instrument, 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) uttered and published as true a [forged] [altered] [counterfeited] (specify document from statute)_______________;

(3) knowing that the (document)_______________ was [false] [altered] [forged] [counterfeited]; and

(4) (Def)_______________ did so with the intent to injure or defraud a person, (victim)_______________.

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

The second essential element is that (Def)_______________ uttered and published as true a [forged] [altered] [counterfeited] (document)_______________. To utter means to put or send a document into circulation. To publish means to declare or assent directly or indirectly by words or actions that an instrument is genuine. [A forged document means a false or altered document made to look genuine by someone with the intent to deceive.] [A counterfeit document or other item is a document made or altered to look genuine in an effort to deceive.] [An instrument is a written legal document that defines rights, duties, entitlements, or liabilities.]

The third essential element is that (Def)_______________ knew that the (document)_______________ was [false] [altered] [forged] [counterfeited].

The last essential element is that (Def)_______________ acted with the intent to injure or defraud a person, (victim)_______________. The State must have proven that (Def)_______________ acted intentionally, and not inadvertently, or because of mistake, or by accident. (Def)_______________ must have acted with the conscious objective of injuring or defrauding (victim)_______________. To defraud means to illegally obtain money, property, services, or anything of value by deception.

            The intent with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct.  In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

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.