CR40-901 04/01/25

SELLING OR DISPENSING A REGULATED DRUG (DEATH RESULTING), 18 V.S.A. § 4250

The State has charged (Def)_______________ with [selling] [dispensing] a regulated drug with death resulting, 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) [sold] [dispensed] a regulated drug;

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

(4) (Def)_______________’s [selling] [dispensing] of the regulated drug caused the death of (victim)_______________.

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

The second essential element is that (Def)_______________ [sold] [dispensed] a regulated drug.

[To sell a regulated drug means to transfer it in exchange for something of value. A sale may include trading, bartering or exchanging the regulated drug for something else that has value. It also may include an offer or an express or implied promise to trade, barter or exchange the regulated drug for something of value. It does not matter whether the transaction was done by someone acting on his or her own behalf, or whether it was done by someone acting as an agent or employee on behalf of someone else.]

[To dispense means to distribute, leave with, give away, dispose of, or deliver.]

Regulated drug means: [a narcotic drug] [a depressant or stimulant drug, other than methamphetamine] [a hallucinogenic drug] [Ecstasy] [cannabis] [methamphetamine] [xylazine].

[insert definition of specific drug(s) here]

Here the State alleges that (Def)_______________ [sold] [dispensed] a regulated drug, (specific substance)_______________, by (specific acts)_______________.

The third essential element is that (Def)_______________ [sold] [dispensed] the regulated drug knowingly and unlawfully. The word knowingly means that (Def)_______________ [sold] [dispensed] the regulated drug voluntarily and consciously, and not inadvertently, because of mistake, or by accident. The State must have proven that (Def)_______________ knew that the drug [he] [she] [sold] [dispensed] [contained] [was] (specific substance)_______________ at the time [he] [she] [sold] [dispensed] it. The word unlawfully means that (Def)_______________ deliberately did something which the law forbids. In determining whether (Def)_______________ [sold] [dispensed] the regulated drug knowingly and unlawfully, you should consider all of the surrounding facts and circumstances.

The last essential element is that (Def)_______________’s [sale] [dispensing] of the regulated drug caused the death of (victim)_______________. You must conclude that, but for (Def)_______________’s [sale] [dispensing] of the regulated drug, (victim)_______________’s death would not have occurred. The fact that a dispensed or sold substance contains more than one regulated drug shall not be a defense if the proximate cause of death is the use of the dispensed or sold substance containing more than one regulated drug. The State must have proven that (Def)_______________’s acts produced (victim)_______________’s death in a natural and continuous sequence, unbroken by any efficient intervening cause.  [An efficient intervening cause would be an unexpected, independent force that broke the connection between (Def)_______________’s acts and the resulting death.]

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.