Old Versions of Model Instructions

February 12, 2024: Please note that the Committee maintains an archive of old, outdated model instructions, but that this archive is not available on the website. If you need an old version of a model instruction, please email the Committee reporter.

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Hate Crimes

December 6, 2023: The Committee has revised the hate crime model instruction to reflect a 2021 statutory amendment. See 2021, No. 34, § 1 (eff. May 18, 2021).

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Excessive Speed

October 23, 2023: The Committee has added a new instruction for the crime of excessive speed. The instruction can be accessed via the Title 23 drop-down menu.

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Evidence of Flight

September 25, 2023: The Committee has updated the reporter’s note for evidence of flight to include a citation to State v. Murphy, 2023 VT 8, ¶¶ 20–26.

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Burglary

September 25, 2023: The Committee has revised the burglary reporter’s note to cite two additional cases: State v. Jones, 2011 VT 90, ¶ 13, 190 Vt. 586 and State v. Lampman, 2017 VT 114, ¶ 15, 206 Vt. 323.

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Definition of “motor vehicle”

May 24, 2023: The Committee has modified the instructions for several Title 23 motor vehicle crimes to reflect the current statutory definition of “motor vehicle.” See 23 V.S.A. §§ 4(21), 1200(6); see also 2001, No. 91 (Adj. Sess.), § 3; 2001, No. 139 (Adj. Sess.), § 2; 2003, No. 66, § 217b; 2021, No. 40, § 2.

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Arson

May 24, 2023: The Committee has modified the arson reporter’s note to clarify that, in the arson context, to act “maliciously” means to act intentionally and without legal justification, and does not necessarily require personal hate or ill will.

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Unlawful Trespass

January 31, 2023: The Committee has revised the instructions and reporter’s note for unlawful trespass. There are now two alternative instructions for unlawful trespass to land depending on the type of notice charged (actual communication or signs/placards). Additionally, the reporter’s note now references the recent cases of State v. Richards, 2021 VT 40, ¶ 26, 215 Vt. 1 and State v. MacFarland, 2021 VT 87, ¶ 34.

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Escape

January 31, 2023: To reflect recent statutory amendments, the Committee has: (1) revised the existing instruction for escape from furlough (CR28-187); (2) added a new instruction with an intent element for escape from furlough imposed pursuant to 28 V.S.A. § 723 (CR28-189); and (3) added a reporter’s note summarizing these changes. Those revisions are available here.

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Insanity and Diminished Capacity

January 26, 2023: The Committee has revised the reporter’s notes for the defenses of insanity and diminished capacity to include references to State v. Webster, 2017 VT 98, ¶ 20, 206 Vt. 178 and State v. Bourgoin, 2021 VT 15, ¶¶ 25­–27.

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