Interference with Access to Emergency Services

Reporter’s Note

The statute requires a predicate offense.  See 13 V.S.A. § 1031 (explaining that the interference must occur “during or after the commission of a crime”).  In most cases, the predicate offense will be charged as a separate crime.  It is therefore best to give the instruction on interference with access to emergency services after the instruction on the predicate offense, with a transition instruction explaining that the jurors need not consider the instruction on interference with access to emergency services if they return a verdict of not guilty on the predicate offense.  If the state has not charged the predicate offense, the fourth element of the instruction must include a complete instruction on the crime that allegedly occurred during or before the charged interference.

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