ICJI 517

ICJI 517 TAMPERING WITH A VEHICLE

In order for the defendant to be found guilty of Tampering With a Vehicle, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

[3. the defendant [name] climbed into or upon [describe the vehicle]

4. without the consent of the owner or person in charge of the vehicle,

5. when doing so the defendant had the intent to commit [name of crime], and

6. the defendant was not acting [in an emergency in furtherance of public safety or convenience] [by or under the direction of an officer in the regulation of traffic or performance of any other official duty].]

[or]

[3. the defendant attempted to manipulate the starter or brakes of [describe the vehicle], or to set such vehicle in motion

4. while such vehicle was at rest and unattended, and

5. when doing so the defendant was not acting [in an emergency in furtherance of public safety or convenience] [by or under the direction of an officer in the regulation of traffic or performance of any other official duty].]

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

Comment

I.C. � 49-230. The exception in the statute must be disproved by the state beyond a reasonable doubt. State v. Segovia, 93 Idaho 208, 457 P.2d 905 (1969).