Disturbing the Peace by Telephone

Reporter’s Note

The statute is written in the disjunctive, and the prosecution must select the specific act or acts which make up the crime so that the defendant can be sufficiently apprised of the charges against which he or she must defend.  V.R.Cr.P. 7(b); State v. Hastings, 133 Vt. 118 (1974).  It is not enough that a threat is made during a phone call.  The intent element must exist at the time the telephone call is made.  State v. Wilcox, 160 Vt. 271, 275 (1993).  The statute, 13 V.S.A. § 1027(b), authorizes the court to instruct the jury on drawing inferences regarding the defendant’s intent.