Disclosure of Sexually Explicit Images Without Consent

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.

Reporter’s Note

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.

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