Vermont v. Richards
Annotate this CaseDefendant Jonathan Richards appealed after he was convicted by jury conviction on one count of misdemeanor unlawful trespass. He argued the trial court erred by refusing to instruct the jury on an essential element of the crime, contending that 13 V.S.A. 3705(a) should have an implied mental state requirement, or knowledge element. Defendant also argued the trial court abused its discretion by imposing the probation condition that he not “engage in criminal behavior” because the condition was impermissibly vague. After review, the Vermont Supreme Court concluded the Vermont Legislature intentionally omitted a knowledge element in the misdemeanor unlawful trespass statute, and that the probation condition provided sufficient notice of proscribed conduct. Accordingly, judgment was affirmed.
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