CR21-041 09/25/03

ASSAULT AND ROBBERY -- 13 V.S.A. § 608(a)

The State has charged (Def)_______________ with assault and robbery, 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) [purposely] [knowingly] [recklessly] [attempted] [attempted by physical menace];

(3) [caused bodily injury to (victim)_______________] [placed (victim)_______________ in fear of bodily injury], by (specific acts charged)____________________;

(4) (Def)_______________ took money or other property which may be the subject of larceny from the [person] [presence] of (victim)_______________; and

(5) (Def)_______________ took the money or other property with the intent to deprive (victim)_______________ of it permanently.

The first essential element is the identity of (Def)_______________ as the person who committed the crime charged.

The second essential element is that (Def)_______________ acted with the required [mental state] [intent]. 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 [mental state] [intent], you should consider all of the surrounding facts and circumstances established by the evidence.

[If purposely, insert “purposely” instruction, CR06-121.]

[If knowingly, insert “knowingly” instruction, CR06-131.]

[If recklessly, insert “recklessly” instruction, CR06-141.]

[If attempt, insert “attempt” instruction, CR09-201.]

[The State must have proven that (Def)_______________ acted with physical menace. Physical menace means a threat, by word or act, to inflict physical injury upon another person.]

The third essential element is that (Def)_______________’s acts [caused bodily injury to (victim)_______________] [placed (victim)_______________ in fear of bodily injury]. The term bodily injury means any physical pain, illness or any impairment of physical condition. Here the State alleges that (Def)_______________ [caused bodily injury to (victim)_______________] [placed (victim)_______________ in fear of bodily injury] by (specific acts)____________________.

The fourth essential element is that (Def)_______________ took money or other property which may be the subject of larceny from the [person] [presence] of (victim)_______________. Anything that can be stolen may be the subject of larceny. [A thing is in the presence of a person with respect to assault and robbery if it is so within his or her reach or control that he or she could retain the thing in his or her possession, if he or she were not overcome by (Def)_______________’s violence or prevented by fear caused by (Def)_______________.]

The last essential element is that, at the time (Def)_______________ caused bodily injury to (victim)_______________, [he] [she] took (victim)_______________’s money or other property with the intent of depriving (victim)_______________ of its value permanently.

[Insert “specific intent” instruction, CR06-011.]

All of the elements of the offense must occur and be 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.