CR60-201 02/12/07

FURNISHING ALCOHOL TO A MINOR – 7 V.S.A. § 658(a)(1)

The State has charged (Def)_______________ furnishing alcohol to a minor, 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) furnished [[malt] [vinous] beverages] [spirituous liquors] to (minor)_______________; and

(3) at the time, (minor)_______________ was under the age of 21 years.

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

The second essential element is that (Def)_______________ furnished [[malt] [vinous] beverages] [spirituous liquors] to (minor)_______________. To furnish something means to supply it or provide it in any way. It may include giving as well as selling.

Alcohol is the product of distilling fermented liquor. It may include ethyl alcohol or any other alcohol which is considered nonpotable.

[Malt beverages are all fermented beverages, manufactured for sale from malt, wholly or in part, or from any substitute, known as beer, porter, ale and stout, containing between one and eight percent of alcohol by volume at 60 degrees Fahrenheit.]

[Vinous beverages are all fermented beverages of any name or description, manufactured or obtained for sale from the natural sugar content of fruits, or other agricultural product, containing sugar, the alcoholic content of which is between one and 16 percent by volume at 60 degrees Fahrenheit.]

[Spirituous liquors are beverages for sale containing more than one percent of alcohol obtained by distillation, by chemical synthesis, or through concentration by freezing; and vinous beverages containing more than 16 percent of alcohol; and all vermouths of any alcohol content; and malt beverages containing more than eight percent of alcohol; in each case measured by volume at 60 degrees Fahrenheit.]

The last essential element is that (Def)_______________ furnished the alcohol at a time when (minor)_______________ was under the age of 21 years. As used here, the word minor means someone who has not reached the age of 21.

Here the State alleges that (Def)_______________ furnished alcohol to (minor)_______________ by (specific acts)_______________.

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.