CR28-661 06/10/24

DOMESTIC TERRORISM — 13 V.S.A. § 3521

The State has charged (Def)_______________ with domestic terrorism, 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.  Here, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) [engaged in] [took a substantial step to commit] a violation of the criminal laws of this State, (underlying crime)_______________;

(3) with the intent to [cause [death] [serious bodily injury] to multiple persons] [threaten any civilian population with mass destruction, mass killings, or kidnapping]; and

(4) (Def)_______________ acted willfully.

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

The second essential element is that (Def)_______________ [engaged in] [took a substantial step to commit] a violation of the criminal laws of this State, (underlying crime)_______________. [Substantial step means conduct that is strongly corroborative of (Def)_______________’s intent to complete the commission of the offense.]

The essential elements of (underlying crime)_______________ are:

[Insert elements of underlying crime here.]

[Insert explanations and definitions for underlying crime here.]

The third essential element is that (Def)_______________ acted with the intent to [cause death or serious bodily injury to multiple persons] [threaten any civilian population with mass destruction, mass killings, or kidnapping].

[Serious bodily injury means [bodily injury which creates a substantial risk of death or which causes substantial loss or impairment of the function of any bodily member or organ or substantial impairment of health, or substantial disfigurement.] [strangulation by intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.]] [The term bodily injury means physical pain, illness or any impairment of physical condition.]

[To threaten another person means to communicate, by words or by deeds, an intention to inflict harm upon that other person.] [Civilian population means the people in a society who are not members of the police or the armed forces.]

The last essential element is that (Def)_______________ acted 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. In assessing (Def)_______________’s intent for [his] [her] conduct, you should consider all the facts and circumstances presented by the evidence. The [intent] [mental state] 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.

Here, the State alleges that (Def)_______________ willfully [engaged in] [took a substantial step to commit] a violation of the criminal laws of this State with the intent to [cause [death] [serious bodily injury] to multiple persons] [threaten any civilian population with mass destruction, mass killings, or kidnapping] by (specific acts)_______________.

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 each of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.

[AFFIRMATIVE DEFENSE]

[In this case there is an additional issue regarding an affirmative defense, described below.  If you find that the State has proven all of the essential elements of domestic terrorism, beyond a reasonable doubt, you will need to consider this defense.  But, if the State has not proven all of the essential elements of domestic terrorism, then you must return a verdict of “not guilty,” and your job is done.

It is a defense to the crime of domestic terrorism if (Def)_______________ abandoned [his][her] effort to commit the crime or otherwise prevented its commission under circumstances manifesting a complete and voluntary renunciation of [his][her] criminal purpose.

(Def)_______________ bears the burden of proving this defense by a preponderance of the evidence.  This means that the evidence must show that the elements of the defense are more likely true than not true.  This burden of proof is less than proof beyond a reasonable doubt.  Therefore, if (Def)_______________ has proven this defense by a preponderance of the evidence, you must find [him][her] not guilty.]

[For a fuller instruction on Proof by a Preponderance of the Evidence, insert CR04-121.]