WARNING: This instruction has not yet been updated to reflect the Supreme Court’s recent decision in State v. Van Buren, 2018 VT 95, ¶ 97.
- CR27-611. Disclosure of Sexually Explicit Images Without Consent, 13 V.S.A. § 2606(b)(1) (01/08/17)
Courts should exercise caution with respect to the third element, which contains five distinct types of intent. In cases where the State has not made an election, a unanimity instruction may be required. See State v. Nicholas, 2016 VT 92, ¶¶ 13–33. For a model unanimity instruction, see CR04-081.