ICJI 561

ICJI 561 DRIVING A VEHICLE WITHOUT THE OWNER'S CONSENT

In order for the defendant to be guilty of Operating a Vehicle Without the Owner's Consent, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] operated a vehicle, namely [a] [an] [describe particular vehicle],

4. the defendant did so without the consent of the owner, and

5. with the intent to temporarily deprive the owner of possession of the vehicle.

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.

[Under Idaho law, [a] [an] [describe type of vehicle] is a vehicle.]

Comment

I.C. � 49-227; State v. Tomes, 118 Idaho 952, 801 P.2d 1303 (Ct. App. 1990).

The committee was of the opinion that the statutory language in IC � 49-227 "without intent to steal the vehicle" is subsumed by element 5 of the instruction.

IC � 49-227 provides that "vehicle shall include, but is not limited to vehicles defined in section IC � 49-123, boats, airplanes, snowmobiles, three and four wheel all terrain vehicles, hot air balloons, hang gliders, jet skis and motorcycles."