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Criminal Model Jury Instructions for Use in the District Court

The only official pattern jury instructions in Massachusetts—updated, revised, and expanded

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  • Product Number: 2194812WFM
  • Publication Date: 2/25/2022
  • Edition: 3rd Edition 2009, with 2011, 2013, 2014, 2016, 2017, 2018, 2019 & 2022 Supplements
  • Copyright: © 2022 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Criminal Model Jury Instructions for Use in the District Court provides Massachusetts lawyers with the only official pattern jury instructions in Massachusetts. The 2009 edition expanded and completely updated the instructions, offering supplemental instructions and notes to aid the practitioner in his or her drafting. This comprehensive set of renumbered model jury instructions was published by MCLE under the editorial direction of the Administrative Office of the District Court, and is the work product of the Committee on Criminal Proceedings. This comprehensive set of instructions is essential to practice in the District Court, and it is available in a handy format for desk and courtroom reference. Use them for District, Municipal, and Juvenile Court trials.

    Recent updates:

    • Update: February 2022

      Dear Subscriber:

      Thank you for keeping your copy of Criminal Model Jury Instructions for Use in the District Court current with this 2022 supplement. The District Court Committee on Criminal Proceedings has prepared a number of new and revised criminal model jury instructions. Among these are new instructions for drug offenses which carve out marijuana from the other controlled substances. This allowed the committee to address the exemptions that apply to marijuana without interfering with the instructions needed for cases involving controlled substances other than marijuana.

      Included in this 2022 supplement are fourteen new and eight revised instructions included in Transmittal No. 1341, dated November 22, 2021. These include:

      • a new COVID-19 Supplemental Impanelment Instruction (1.105);
      • new and revised instructions on Evaluation of Evidence ;
      • new instructions on Offenses Against the Person ;
      • new and revised instructions on Public Order Offenses ;
      • new and revised instructions on Firearms and Weapons Offenses ;
      • new and revised instructions on Drug Offenses ; and
      • a revised instruction on Larceny Offenses .

      Also included in this supplement are three new and five revised instructions issued prior to Transmittal No. 1341 and subsequent to the last printed supplement in June 2019. These include:

      • new and revised instructions on Offenses Against the Person ;
      • revised instructions on Abuse-Related Offenses ; and
      • a new instruction on Drug Offenses .

      It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2022 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

    • Update: June 2019

      Dear Subscriber:

      Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

      The District Court Committee on Criminal Proceedings has created the following new instructions:

      • 6.280 ("Assault and Battery on an Elder or Disabled Person").
      • 6.281 ("Assault and Battery on an Elder or Disabled Person Causing Bodily Injury").
      • 6.282 ("Assault and Battery on an Elder or Disabled Person Causing Serious Bodily Injury").

      The Committee has also revised the following instructions:

      • 5.310 ("Operating Under the Influence of Intoxicating Liquor").
      • 5.400 ("Operating Under the Influence of Drugs").
      • 6.140 ("Assault and Battery")
      • 6.160 ("Assault and Battery Causing Serious Bodily Injury").
      • 6.180 ("Assault and Battery on a Person Protected by an Abuse Prevention Order").
      • 6.200 ("Assault and Battery on a Pregnant Woman").
      • 6.210 ("Assault and Battery on a Police Officer or Public Employee").
      • 6.220 ("Assault and Battery on Child Under 14 Causing Bodily Injury").
      • 6.275 ("Assault and Battery on a Family or Household Member").
      • 7.140 ("Deriving Support from Earnings of a Prostitute").

      Also included are new and revised instructions that were promulgated and distributed pursuant to Administrative Office of the District Court Transmittals Nos. 1212, 1256, and 1260:

      • 1.100 ("Impaneling the Jury").
      • 1.120 ("Preliminary Instruction to Jury Before Trial").
      • 1.270 ("Use of an Interpreter")
      • 1.275 ("Interpreter Assistance to Deaf Juror")
      • 2.120 ("Function of the Jury, What is Evidence, Credibility of Witnesses").
      • 5.305 ("Endangering a Child While Operating with a Blood Alcohol Level of .08 percent or Greater")
      • 5.315 ("Endangering a Child While Under the Influence of Intoxicating Liquors")
      • 7.300 ("Giving False Information After Arrest")
      • 7.360 ("Intimidating a Witness, Etc.")
      • 8.260 ("Wanton Destruction of Property")
      • 8.280 ("Willful and Malicious Destruction of Property")
      • 8.460 ("Larceny by Check").
      • 8.500 ("Larceny by False Pretenses")
      • 8.520 ("Larceny by Stealing")
      • 8.521 ("Larceny by Stealing Verdict Slip")
      • 8.600 ("Receiving Stolen Property")
      • 8.620 ("Shoplifting")

      It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2019 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

    • Update: June 2018

      Dear Subscriber:

      Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

      The District Court Committee on Criminal Proceedings has created the following new instructions:

      • 3.230 ("Transferred Intent").
      • 3.570 ("Redactions").
      • 7.365 ("Intentionally misleading an investigator in a criminal investigation"). This instruction is tailored to this specific provision of G.L. c. 268, § 13B, which is commonly encountered in the District Court. The full instruction for intimating a witness, juror, court official or law enforcement officer in violation of G.L. c. 268, § 13B, remains at Instruction 7.360.

      The Committee has also revised the following instructions:

      • 3.560 ("Confessions and admissions (Humane Practice)"). This instruction was revised to include factors for the jury's consideration regarding the voluntariness of a defendant's statement in the body of the instruction. It also now includes reference to the absence of a complete recording of the defendant's statement as a factor for the jury to consider.
      • 5.310 ("Operating under the influence of intoxicating liquor"). A supplemental "Downs" instruction has been inserted and notes, consistent with, Commonwealth v. Wolfe, 478 Mass. 142 (2017), that such an instruction may only be given if the defendant requests it.
      • 6.500 ("Indecent assault and battery"). Supplemental instructions were added for cases in which the defendant directs the victim to touch the defendant or when the defendant touches the victim with his or her own private part. The instruction also eliminated the requirement that the Commonwealth prove that the victim was over the age of fourteen in addition to proving lack of consent.
      • 6.520 ("Indecent assault and battery on a child under the age of 14"). Supplemental instructions were added for cases in which the defendant directs the victim to touch the defendant or when the defendant touches the victim with his or her own private part.
      • 7.360 ("Intimidating a witness, juror, court official or law enforcement officer"). This instruction was revised to reflect the changes to the statute made by the Criminal Justice Reform Act, St. 2018, c. 69, namely, that an act committed in retaliation for past participation in a criminal investigation or court proceeding can now be charged as a crime under § 13B; the elimination of the category of persons protected by the statute who "further[ed] a civil or criminal proceeding … of any type"; and the addition of the following categories of persons protected by the statute: a person who is or was aware of information, records, documents, or objects that relate to a violation of a court order; victim witness advocate; correction officer; court reporter; court interpreter; and family member of a person described in the section.

      It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2018 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

    • Update: June 2017

      Dear Subscriber:

      Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

      The District Court Committee on Criminal Proceedings has created the following new instructions:

      • 3.210 ("Motor Vehicle")
      • 5.700 ("Operating a Boat with a Blood Alcohol Level of .08% or Greater")
      • 5.710 ("Operating a Boat Under the Influence of Intoxicating Liquor")
      • 7.625 ("Possession of Ammunition")
      • 9.230 ("Duress"), separated from Necessity (9.240)

      The Committee has also revised the following instructions:

      • 3.660 ("First Complaint"), making non-substantive corrections to the language of the instruction, and updating notes.
      • 5.180 ("Leaving the Scene of an Accident Involving Property Damage"), removing public way as an element. See Commonwealth v. Leblanc, 475 Mass. 820, 822 (2016).
      • 6.180 ("Assault and Battery on a Person Protected by an Abuse Prevention Order"), to explain to the jury the concept of an offensive touching.
      • 6.200 ("Assault and Battery on a Pregnant Woman"), to explain to the jury the concept of an offensive touching.
      • 6.300 ("Assault and Battery by Means of a Dangerous Weapon"), removing references to requirement that the defendant "intentionally" used the item as a dangerous weapon.
      • 7.270 "Cruelty to Animals"), adding "cruelly" to modify "mutilated" and "killed," and provided definition of "cruelty." See Commonwealth v. Daly, 90 Mass. App. Ct. 48, 51 (2016).
      • 7.400 ("Open and Gross Lewdness and Lascivious Behavior"), to explain to the jury the objective element of the offense, see Commonwealth v. Maguire, 476 Mass. 156, 161 (2016), and deleting supplemental instruction regarding child of tender years, see Commonwealth v. Kessler, 442 Mass. 770, 777 (2004).
      • 8.220 ("Trespass"), updated notes to reflect potential necessity defense. See Commonwealth v. Magadini, 474 Mass. 593, 597-602 (2016).
      • 8.250 ("Vandalism"), replacing "owner of the property" to "another." See Commonwealth v. Chambers, 90 Mass. App. Ct. 137, 144-45 (2016).
      • 8.200 ("Theft, Purchase, Receipt, Possession or Concealment of Stolen Motor Vehicle; Malicious Damage to Motor Vehicle; Stealing Parts from Motor Vehicle Taken Without Authority; Concealing Motor Vehicle Thief"), replacing "owner of the property" to "another," see Commonwealth v. Chambers, 90 Mass. App. Ct. 137, 144-45 (2016), and deleting reference to belief being "reasonable," see Commonwealth v. Liebenow, 470 Mass. 151, 157 (2014).
      • 8.260 ("Wanton Destruction of Property"), deleting reference to "immediate" in explanation of wanton conduct, as well as non-substantive corrections to the language.
      • 8.280 ("Wilful and Malicious Destruction of Property"), replacing "owner of the property" to "another." See Commonwealth v. Chambers, 90 Mass. App. Ct. 137, 144-45 (2016).
      • 9.240 ("Necessity"), reformatting to frame in terms of Commonwealth's burden with no substantive changes, and updated notes to reflect Commonwealth v. Magadini, 474 Mass. 593, 597-602 (2016)

      It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2017 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

    • Update: July 2016

      Dear Subscriber:

      Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

      The District Court Committee on Criminal Proceedings has created the following new instructions:

      • 1.270 ("Use of an Interpreter")
      • 8.250 ("Vandalism")
      • 9.250 ("Parental Discipline")

      The Committee has also revised the following instructions:

      • 5.180 ("Leaving the Scene of an Accident Involving Property Damage"), making minor changes to the language to accord with Instruction 5.190.
      • 5.190 ("Leaving the Scene of an Accident Involving Personal Injury"), making non-substantive corrections to the language of the instruction.
      • 6.140 ("Assault and Battery"), to explain to the jury the concept of an offensive touching.
      • 6.275 ("Assault and Battery on Family or Household Member"), to explain to the jury the concept of an offensive touching.
      • 6.600 ("Annoying and Accosting Persons"), to reflect the deletion of the requirement that the victim be of the opposite sex of the defendant, St. 2014, c. 417.
      • 7.220 ("Escape"), adding language regarding failing to return from temporary release. See Commonwealth v. Porter , 87 Mass. App. Ct. 676, 678-82, rev. denied , 473 Mass. 1103 (2015).
      • 7.620 ("Possession of a Firearm"), adding a supplemental instruction regarding the defense of an expired license. See Commonwealth v. Indrisano , 87 Mass. App. Ct. 709, 716-17 (2015).

      Also included are two new instructions created by the Supreme Judicial Court's Standing Committee on Eyewitness Identification:

      • 1.340 ("Preliminary Identification Instruction")
      • 9.160 ("Identification")

      It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2016 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

    • Update: June 2014

      Dear Subscriber:

      Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

      The Committee has created the following new instructions:

      • 5.520 ("Failure to Have Ignition Interlock Device")
      • 5.530 ("Disabling an Ignition Interlock Device")
      • 7.210 ("Wilful Interference with a Fire Fighting Operation")
      • 7.270 ("Cruelty to Animals")
      • 7.410 ("Furnishing Alcohol to a Minor")
      • 7.630 ("Improper Storage of a Firearm")

      The Committee has also revised the following instructions:

      • 3.820 ("Unrecord Custodial Interrogation"), adding language approved in Commonwealth v. Rousseau , 465 Mass. 372, 392–393 (2013), regarding evaluating the lack of a recording in light of any opportunity to record the interrogation that the defendant declined.
      • 4.120 ("Attempt"), deleting the third element (failure to complete the crime) in light of recent cases omitting this as a required element. See Commonwealth v. Rivera , 460 Mass. 139, 142 (2011); Commonwealth v. Sullivan , 84 Mass. App. Ct. 26, 27, rev. granted limited to other issues , 466 Mass. 1109 (2013).
      • 5.190 ("Leaving the Scene of an Accident Involving Personal Injury not Resulting in Death"), collapsing the old third and fourth elements (causing injury and knowing the defendant caused injury) into one element ("knowingly collided with or otherwise injured another person"), and adding a note explaining that the absence of death is not an element, both in accordance with Commonwealth v. Muir , 84 Mass. App. Ct. 635, 637–639 (2013).
      • 6.100 ("Affray"), adding language clarifying the meaning of fighting and conforming the third element to Commonwealth v. Nee , 83 Mass. App. Ct. 441, 447–448, rev. denied , 465 Mass. 1106 (2013), as well as adding notes regarding self-defense and sentencing.
      • 6.520 ("Indecent Assault and Battery on a Child Under Fourteen"), revising language regarding inability to consent to clarify that it remains the jury's role to determine whether the victim was under fourteen years of age at the time of the crime, as required by Commonwealth v. Dunton , No. 2012-P-1577, 2014 Mass. App. Unpub. LEXIS 20, 84 Mass. App. Ct. 1128 (Jan. 13, 2014) (unpublished), rev. denied , 467 Mass. 1106 (2014).
      • 6.600 ("Annoying and Accosting Persons of the Opposite Sex"), adding the requirement that the disorderly acts or language be sexual in nature, as required by Commonwealth v. Sullivan , 84 Mass. App. Ct. 26, 30, rev. granted , 466 Mass. 1109 (2013).
      • 6.740 ("Violation of a Harassment Prevention Order"), amending the supplemental instruction on the meaning of "harass" to reflect St. 2010, c. 239, §§ 71–72, which changed statutory language regarding a "mentally retarded person" to a "person with an intellectual disability."
      • 7.260 ("False Report of a Crime"), omitting needless language and adding a citation to Commonwealth v. Saylor , 84 Mass. App. Ct. 346, 351–352 (2013).
      • 7.360 ("Intimidating a Witness, Juror, Court Official or Law Enforcement Office"), adding the theory of reckless interference with a court proceeding and reflecting the expansion of the crime to endeavors to interfere with certain civil proceedings enacted by the Legislature in St. 2010, c. 256, § 120. The instruction is also amended to reflect new statutory language specifically including certain specified electronic communications in the definition of "harass." St. 2010, c. 92, § 11. Finally, the instruction is amended to delete the theories of "harming" or "punishing" a criminal proceeding, in light of Commonwealth v. Hamilton , 459 Mass. 422, 436–437 (2011).

      It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2014 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

    • Update: February 2013

      Dear Subscriber:

      Enclosed are new model jury instructions for use in criminal cases in Massachusetts District Court.

      Compiled through the efforts of the District Court Committee on Criminal Proceedings, this new material reflects the latest developments in the law. It contains revisions to Instructions 1.120, 2.320, 3.200, 3.600, 3.700, 5.180, 5.200, 5.400, 6.600, 6.640, 6.700, 6.740, 7.600, and 7.860, along with new Instructions numbered 1.130, 3.840, 5.190, 7.540, and 7.870.

      In an effort to clarify and improve the model instruction for OUI cases, the Committee has divided former Instruction 5.300 ("Operating under the Influence of Liquor or with .08% Blood Alcohol") into two separate and revised instructions: 5.300 ("Operating with a Blood Alcohol Level of .08% or Greater") and 5.310 ("Operating under the Influence of Intoxicating Liquor").

      The Committee has also created new verdict slips 5.301 and 5.311 for the revised OUI instructions, and revised verdict slips 5.501, 6.121, 6.141, 6.301, and 8.521.

      It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2013 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

    • Update: June 2011

      Dear Subscriber:

      Enclosed are new model jury instructions for use in criminal cases in Massachusetts District Court.

      Compiled through the efforts of the District Court Committee on Criminal Proceedings, this new material reflects the latest developments in the law. It contains revisions to Instructions 1.120, 2.540, 4.200, 5.180, 5.300, 6.121, 6.640, and 6.720, along with new Instructions numbered 3.760, 6.120, 6.140, 7.380 and 7.400. The Committee has added notes to Instructions 3.760, 6.120, and 7.380.

      It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2011 supplementary material for Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

    • Update: February 2009

      Dear Subscriber:

      Enclosed is the 2009 edition of the model criminal jury instructions that have been issued by the Administrative Office of the District Court, Commonwealth of Massachusetts and are the same instructions as those referred to by judges of the District, Municipal and Juvenile Courts.

      This 2009 edition, which features an Introduction by Chief Justice Lynda M. Connolly, provides Massachusetts lawyers with the only official pattern jury instructions in Massachusetts. Inside you will find

      • "Plain English" instructions, along with supplemental instructions and notes to aid you in your drafting.
      • Three new model instructions, covering Subsequent Offense, Failing to Register as a Sex Offender, and Giving a False Name upon Arrest.
      • Thirty-six revised model instructions.
      • Updated notes that reflect recent legal developments.
      • A checklist of instructions either required or affirmatively recommended by appellate courts.
      • A useful chart offering suggested dialogues for sentencing.
      • An alphabetical index and conversion chart to aid you in referring to renumbered instructions.

      We at MCLE trust that you will find this new 2009 edition to be indispensable in your criminal law practice and valuable in your law library.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

  • Table of Contents

    Table of Contents

    expand all
    Part 0 expand

    Drafting a Plain Language Jury Instruction

    Buy Chapter
    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Chart

    - Required Jury Instructions Buy Form
    Part 1 expand

    Instructions Before and During Trial

    Buy Chapter
    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 1.100

    - Impaneling the Jury Buy Form

    Instruction 1.105

    - COVID-19 Supplemental Impanelment Instruction Buy Form

    Instruction 1.120

    - Preliminary Instruction to Jury Before Trial Buy Form

    Instruction 1.130

    - Discussion Prohibited Buy Form

    Instruction 1.140

    - Alternate Preliminary Instruction to Jury Before Trial Buy Form

    Instruction 1.160

    - Notetaking by Jurors Buy Form

    Instruction 1.180

    - Questions to Witnesses from Jurors Buy Form

    Instruction 1.200

    - Recordation of Proceedings Buy Form

    Instruction 1.220

    - Lengthy Bench or Lobby Conferences Buy Form

    Instruction 1.240

    - Separation of the Jury Buy Form

    Instruction 1.260

    - Extraneous Publicity Buy Form

    Instruction 1.270

    - Use of an Interpreter Buy Form

    Instruction 1.275

    - Interpreter Assistance for a Deaf Juror Buy Form

    Instruction 1.280

    - Before a View Buy Form

    Instruction 1.300

    - Multiple Defendants; Evidence Admitted Against One Defendant Only Buy Form

    Instruction 1.320

    - Withdrawn Case Against Codefendant; Withdrawn Charges Against Defendant; Defendant’s Absence Midtrial Buy Form

    Instruction 1.340

    - Preliminary Identification Buy Form
    Part 2 expand

    General Instructions

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    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 2.100

    - Function of the Judge Buy Form

    Instruction 2.120

    - Function of the Jury; What is Evidence; Credibility of Witnesses Buy Form

    Instruction 2.140

    - Function of Counsel Buy Form

    Instruction 2.160

    - Presumption of Innocence; Burden of Proof; Unanimity Buy Form

    Instruction 2.180

    - Reasonable Doubt Buy Form

    Instruction 2.220

    - What Is Evidence; Stipulations; Judicial Notice Buy Form

    Instruction 2.240

    - Direct and Circumstantial Evidence Buy Form

    Instruction 2.260

    - Credibility of Witnesses Buy Form

    Instruction 2.280

    - Lesser Included Offenses Buy Form

    Instruction 2.300

    - Multiple Charges Buy Form

    Instruction 2.320

    - Multiple Incidents or Theories in One Count (Specific Unanimity) Buy Form

    Instruction 2.340

    - Joint Representation Buy Form

    Instruction 2.360

    - Reprimand of Counsel Buy Form

    Instruction 2.380

    - Pro Se Defendant; Discharge of Counsel Buy Form

    Instruction 2.400

    - Announced Witness Does Not Testify Buy Form

    Instruction 2.420

    - Reducing and Sending Out the Jury Buy Form

    Instruction 2.440

    - Before and After Supplemental Instructions Buy Form

    Instruction 2.460

    - When Jurors Cannot Agree Buy Form

    Instruction 2.480

    - Seating of Alternate Juror Buy Form

    Instruction 2.500

    - Taking the Verdict and Discharging the Jury Buy Form

    Instruction 2.520

    - Imposing Sentence Buy Form

    Instruction 2.521

    - Chart of Potential Money Assessments Buy Form

    Instruction 2.540

    - Subsequent Offense Buy Form

    Instruction 2.541

    - One-Prior-Offense Verdict Slip Buy Form

    Instruction 2.542

    - Several-Prior-Offenses Verdict Slip Buy Form
    Part 3.1 expand

    Definitions and Proof

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    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 3.100

    - Inferences Buy Form

    Instruction 3.120

    - Intent Buy Form

    Instruction 3.140

    - Knowledge Buy Form

    Instruction 3.160

    - License or Authority Buy Form

    Instruction 3.180

    - Negligence Buy Form

    Instruction 3.200

    - Operation of a Motor Vehicle Buy Form

    Instruction 3.210

    - Motor Vehicle Buy Form

    Instruction 3.220

    - Possession Buy Form

    Instruction 3.230

    - Transferred Intent Buy Form

    Instruction 3.240

    - Presumption Buy Form

    Instruction 3.260

    - Prima Facie Evidence Buy Form

    Instruction 3.280

    - Public Way Buy Form
    Part 3.2 expand

    Evaluation of Evidence

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    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 3.500

    - Absent Witness Buy Form

    Instruction 3.520

    - Admission by Silence Buy Form

    Instruction 3.540

    - Child Witness Buy Form

    Instruction 3.560

    - Confessions and Admissions (Humane Practice) Buy Form

    Instruction 3.570

    - Evidence with Redacted Material Buy Form

    Instruction 3.580

    - Consciousness of Guilt Buy Form

    Instruction 3.600

    - Defendant Does Not Testify Buy Form

    Instruction 3.610

    - Authentication of Digital Evidence Buy Form

    Instruction 3.620

    - Excluded Question; Stricken Evidence Buy Form

    Instruction 3.640

    - Expert Witness Buy Form

    Instruction 3.660

    - First Complaint Buy Form

    Instruction 3.680

    - Impeachment by Prior Conviction of a Crime Buy Form

    Instruction 3.700

    - Impeachment by Prior Inconsistent Statement; Rehabilitation by Prior Consistent Statement Buy Form

    Instruction 3.720

    - Mug Shots Buy Form

    Instruction 3.740

    - Omissions in Police Investigations Buy Form

    Instruction 3.760

    - Other Bad Acts by Defendant Buy Form

    Instruction 3.780

    - Prior Trial Buy Form

    Instruction 3.800

    - Reputation of Defendant Buy Form

    Instruction 3.820

    - Unrecorded Custodial Interrogation Buy Form

    Instruction 3.840

    - Consideration of Business Records Buy Form
    Part 4 expand

    General Offenses

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    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 4.100

    - Accessory Before the Fact Buy Form

    Instruction 4.120

    - Attempt Buy Form

    Instruction 4.140

    - Compounding or Concealing a Felony Buy Form

    Instruction 4.160

    - Conspiracy Buy Form

    Instruction 4.180

    - Corporate Criminal Responsibility Buy Form

    Instruction 4.200

    - Aiding and Abetting Buy Form
    Part 5 expand

    Motor Vehicle & OUI Offenses

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    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 5.100

    - Attaching Wrong Plates to Conceal Identity Buy Form

    Instruction 5.120

    - False Statement in License Application Buy Form

    Instruction 5.140

    - Homicide by a Motor Vehicle (Felony) Buy Form

    Instruction 5.160

    - Homicide by a Motor Vehicle (Misdemeanor) Buy Form

    Instruction 5.180

    - Leaving the Scene of an Accident Involving Property Damage Buy Form

    Instruction 5.190

    - Leaving the Scene of an Accident Involving Personal Injury Not Resulting in Death Buy Form

    Instruction 5.200

    - Operating After Suspension or Revocation of License Buy Form

    Instruction 5.220

    - Operating an Uninsured Motor Vehicle Buy Form

    Instruction 5.240

    - Operating Negligently So As to Endanger Buy Form

    Instruction 5.260

    - Operating Recklessly Buy Form

    Instruction 5.300

    - Operating with a Blood Alcohol Level of .08% or Greater Buy Form

    Instruction 5.301

    - Verdict Slip - Operating with a Blood Alcohol Level of .08% or Greater Buy Form

    Instruction 5.305

    - Endangering a Child While Operating with a Blood Alcohol Level of .08% or Greater Buy Form

    Instruction 5.310

    - Operating Under the Influence of Intoxicating Liquor Buy Form

    Instruction 5.311

    - Verdict Slip - Operating Under the Influence of Intoxicating Liquor Buy Form

    Instruction 5.315

    - Endangering a Child While Under the Influence of Intoxicating Liquor Buy Form

    Instruction 5.400

    - Operating Under the Influence of Drugs Buy Form

    Instruction 5.500

    - Operating Under the Influence Causing Serious Injury Buy Form

    Instruction 5.501

    - Verdict Slip - Operating Under the Influence Causing Serious Injury Buy Form

    Instruction 5.520

    - Failure to Have Ignition Interlock Device Buy Form

    Instruction 5.530

    - Disabling an Ignition Interlock Device Buy Form

    Instruction 5.600

    - Operating Without Being Licensed Buy Form

    Instruction 5.620

    - Refusal to Obey Police Officer Buy Form

    Instruction 5.640

    - Road Racing Buy Form

    Instruction 5.660

    - Use of Vehicle Without Authority Buy Form

    Instruction 5.700

    - Operating a Boat with a Blood Alcohol Level of 0.08% or Greater Buy Form

    Instruction 5.710

    - Operating a Boat Under the Influence of Intoxicating Liquor Buy Form
    Part 6.1 expand

    Offenses Against the Person

    Buy Chapter
    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 6.100

    - Affray Buy Form

    Instruction 6.120

    - Assault Buy Form

    Instruction 6.121

    - Verdict Slip - Assault Buy Form

    Instruction 6.140

    - Assault and Battery Buy Form

    Instruction 6.160

    - Assault and Battery Causing Serious Injury Buy Form

    Instruction 6.180

    - Assault and Battery on a Person Protected by an Abuse Prevention Order Buy Form

    Instruction 6.200

    - Assault and Battery on a Pregnant Woman Buy Form

    Instruction 6.205

    - Battery to Intimidate Another Based on Bias Buy Form

    Instruction 6.210

    - Assault and Battery on a Police Officer or Public Employee Buy Form

    Instruction 6.220

    - Assault and Battery on a Child Under 14 Causing Bodily Injury Buy Form

    Instruction 6.230

    - Wantonly or Recklessly Permitting Bodily Injury to a Child Under 14 Buy Form

    Instruction 6.240

    - Wantonly or Recklessly Permitting Another to Commit an Assault and Battery on a Child Under 14 Causing Bodily Injury Buy Form

    Instruction 6.250

    - Wantonly or Recklessly Permitting Substantial Bodily Injury to a Child Under 14 Buy Form

    Instruction 6.260

    - Wantonly or Recklessly Permitting Another to Commit an Assault and Battery on a Child Under 14 Causing Substantial Bodily Injury Buy Form

    Instruction 6.270

    - Assault on Family or Household Member Buy Form

    Instruction 6.275

    - Assault and Battery on Family or Household Member Buy Form

    Instruction 6.280

    - Assault and Battery on an Elder or Disabled Person Buy Form

    Instruction 6.281

    - Assault and Battery on an Elder or Disabled Person Causing Bodily Injury Buy Form

    Instruction 6.282

    - Assault and Battery on an Elder or Disabled Person Causing Serious Bodily Injury Buy Form

    Instruction 6.290

    - Caretaker Who Wantonly or Recklessly Permits (Serious) Bodily Injury to an Elder or Disabled Person (Dec 2019) Buy Form

    Instruction 6.295

    - Caretaker Who Wantonly or Recklessly Abused, Neglected or Mistreated an Elder or Disabled Person Buy Form

    Instruction 6.300

    - Assault and Battery by Means of a Dangerous Weapon Buy Form

    Instruction 6.301

    - Verdict Slip - Assault and Battery by Means of a Dangerous Weapon Buy Form

    Instruction 6.320

    - ABDW Causing Serious Injury Buy Form

    Instruction 6.340

    - ABDW on a Child Under 14 Buy Form

    Instruction 6.360

    - ABDW on a Person Protected by an Abuse Prevention Order Buy Form

    Instruction 6.380

    - ABDW on a Pregnant Woman Buy Form

    Instruction 6.390

    - Suffocation Buy Form

    Instruction 6.395

    - Strangulation Buy Form

    Instruction 6.400

    - Custodial Interference by Relative Buy Form

    Instruction 6.500

    - Indecent Assault and Battery Buy Form

    Instruction 6.520

    - Indecent Assault and Battery on a Child Under Fourteen Buy Form

    Instruction 6.530

    - Secretly Photographing or Videotaping a Nude or Partially Nude Person Buy Form

    Instruction 6.535

    - Secretly Photographing, Videotaping, or Electronically Surveilling a Person’s Intimate Parts Under or Around Clothing Buy Form

    Instruction 6.540

    - Reckless Endangerment of a Child Under 18 Buy Form

    Instruction 6.560

    - Enticing a Child Under 16 Buy Form

    Instruction 6.570

    - Kidnapping Buy Form

    Instruction 6.575

    - Kidnapping by Trickery or Deceit (Inveigle) Buy Form
    Part 6.2 expand

    Abuse-Related Offenses

    Buy Chapter
    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 6.600

    - Annoying and Accosting Persons Buy Form

    Instruction 6.620

    - Civil Rights Violations Buy Form

    Instruction 6.640

    - Criminal Harassment Buy Form

    Instruction 6.660

    - Harassing or Obscene Telephone Calls Buy Form

    Instruction 6.680

    - Stalking Buy Form

    Instruction 6.700

    - Threat to Commit Crime Buy Form

    Instruction 6.720

    - Violation of an Abuse Prevention Order Buy Form

    Instruction 6.740

    - Violation of a Harassment Prevention Order Buy Form
    Part 7.1 expand

    Public Order Offenses

    Buy Chapter
    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 7.100

    - Bail Jumping Buy Form

    Instruction 7.120

    - Common Nightwalker Buy Form

    Instruction 7.140

    - Deriving Support from Earnings of a Prostitute Buy Form

    Instruction 7.160

    - Disorderly Conduct Buy Form

    Instruction 7.180

    - Disseminating Obscene Matter; Possession with Intent to Disseminate Obscene Matter Buy Form

    Instruction 7.200

    - Disturbing the Peace Buy Form

    Instruction 7.210

    - Wilful Interference with a Fire Fighting Operation Buy Form

    Instruction 7.220

    - Escape Buy Form

    Instruction 7.240

    - Failing to Register as a Sex Offender Buy Form

    Instruction 7.260

    - False Report of a Crime Buy Form

    Instruction 7.270

    - Cruelty to Animals Buy Form

    Instruction 7.280

    - Fighting Animals Buy Form

    Instruction 7.300

    - Giving False Name upon Arrest Buy Form

    Instruction 7.320

    - Illegal Lottery Buy Form

    Instruction 7.340

    - Indecent Exposure Buy Form

    Instruction 7.360

    - Intimidating a Witness, Juror, Court Official or Law Enforcement Officer Buy Form

    Instruction 7.365

    - Intentionally Misleading Investigator in a Criminal Investigation Buy Form

    Instruction 7.370

    - Interfering with a Police Officer Buy Form

    Instruction 7.380

    - Lewd, Wanton and Lascivious Act Buy Form

    Instruction 7.400

    - Open and Gross Lewdness and Lascivious Behavior Buy Form

    Instruction 7.410

    - Furnishing Alcohol to a Minor Buy Form

    Instruction 7.420

    - Possession of Fireworks Buy Form

    Instruction 7.440

    - Registering Bets Buy Form

    Instruction 7.460

    - Resisting Arrest Buy Form

    Instruction 7.480

    - Sexual Conduct for a Fee Buy Form

    Instruction 7.500

    - Unnatural and Lascivious Act Buy Form

    Instruction 7.520

    - Use of Telephone for Betting Buy Form

    Instruction 7.540

    - Possession of Child Pornography Buy Form
    Part 7.2 expand

    Firearms and Weapons Offenses

    Buy Chapter
    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 7.600

    - Carrying a Firearm Buy Form

    Instruction 7.620

    - Possession of a Firearm Buy Form

    Instruction 7.625

    - Possession of Ammunition Buy Form

    Instruction 7.630

    - Improper Storage of a Firearm Buy Form

    Instruction 7.640

    - Defacing Firearm Serial Number; Receiving a Firearm with a Defaced Serial Number Buy Form

    Instruction 7.660

    - Possession of Firearm with Defaced Serial Number during Felony Buy Form

    Instruction 7.670

    - Carrying a Loaded Firearm While Under the Influence Buy Form

    Instruction 7.680

    - Carrying Certain Dangerous Weapons Buy Form

    Instruction 7.700

    - Carrying a Dangerous Weapon When Arrested Buy Form
    Part 7.3 expand

    Drug Offenses

    Buy Chapter
    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 7.800

    - Distribution of a Controlled Substance; Possession with Intent to Distribute a Controlled Substance Buy Form

    Instruction 7.810

    - Unlawfully Distributing Marijuana Buy Form

    Instruction 7.815

    - Unlawfully Furnishing Marijuana to a Person Under 21 Buy Form

    Instruction 7.820

    - Possession of a Controlled Substance Buy Form

    Instruction 7.825

    - Possession of Marijuana Buy Form

    Instruction 7.830

    - Possession with Intent to Distribute a Controlled Substance Other than Marijuana Buy Form

    Instruction 7.835

    - Possession with Intent to Distribute Marijuana Buy Form

    Instruction 7.840

    - Sale of Drug Paraphernalia; Possession with Intent to Sell Drug Paraphernalia Buy Form

    Instruction 7.841

    - Definition of “Drug Paraphernalia” Buy Form

    Instruction 7.860

    - School Zone Drug Violation Buy Form

    Instruction 7.870

    - Park Zone Drug Violation Buy Form

    Instruction 7.900

    - Conspiracy to Violate the Drug Laws Buy Form
    Part 8.1 expand

    Property Offenses

    Buy Chapter
    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 8.100

    - Breaking and Entering Buy Form

    Instruction 8.120

    - Burning Insured Property Buy Form

    Instruction 8.140

    - Burning Personal Property, Motor Vehicle, etc. Buy Form

    Instruction 8.160

    - Forgery Buy Form

    Instruction 8.180

    - Possession of Burglarious Tools Buy Form

    Instruction 8.200

    - Theft, Purchase, Receipt, Possession or Concealment of Stolen Motor Vehicle; Malicious Damage to Motor Vehicle; Stealing Parts from Motor Vehicle Taken Without Authority; Concealing Motor Vehicle Thief Buy Form

    Instruction 8.220

    - Trespass Buy Form

    Instruction 8.240

    - Uttering Buy Form

    Instruction 8.250

    - Vandalism Buy Form

    Instruction 8.260

    - Wanton Destruction of Property Buy Form

    Instruction 8.280

    - Wilful and Malicious Destruction of Property Buy Form

    Instruction 8.300

    - Wilful or Wanton Destruction of House of Worship, Cemetery or School Buy Form
    Part 8.2 expand

    Larceny Offenses

    Buy Chapter
    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 8.400

    - Fraudulent Insurance Claim Buy Form

    Instruction 8.420

    - Identity Fraud by Posing as Another Buy Form

    Instruction 8.440

    - Identity Fraud by Obtaining Personal Information Buy Form

    Instruction 8.460

    - Larceny by Check Buy Form

    Instruction 8.480

    - Larceny by Embezzlement Buy Form

    Instruction 8.500

    - Larceny by False Pretenses Buy Form

    Instruction 8.520

    - Larceny by Stealing Buy Form

    Instruction 8.521

    - Verdict Slip - Larceny by Stealing Buy Form

    Instruction 8.540

    - Larceny by Stealing in a Building Buy Form

    Instruction 8.560

    - Larceny from the Person Buy Form

    Instruction 8.580

    - Larceny of Leased or Rented Personal Property Buy Form

    Instruction 8.600

    - Receiving Stolen Property Buy Form

    Instruction 8.620

    - Shoplifting Buy Form

    Instruction 8.640

    - Unauthorized Transfer of Sound Recordings Buy Form
    Part 9 expand

    Defense and Justification

    Buy Chapter
    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

    Instruction 9.100

    - Accident Buy Form

    Instruction 9.120

    - Alibi Buy Form

    Instruction 9.140

    - Entrapment Buy Form

    Instruction 9.160

    - Identification Buy Form

    Instruction 9.180

    - Intoxication with Alcohol or Drugs Buy Form

    Instruction 9.200

    - Lack of Criminal Responsibility Buy Form

    Instruction 9.220

    - Mental Impairment Short of Insanity Buy Form

    Instruction 9.230

    - Duress Buy Form

    Instruction 9.240

    - Necessity Buy Form

    Instruction 9.250

    - Parental Discipline Buy Form

    Instruction 9.260

    - Self-Defense; Defense of Another; Defense of Property Buy Form
  • Editors & Authors

    Author(s)

    Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts, Cambridge
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