ICJI 561A

ICJI 561A DRIVING A VEHICLE WITHOUT THE OWNER'S CONSENT -- FELONY

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,

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

6. [the damages caused to the vehicle as a result of these actions exceeded one thousand dollars ($1,000)] [or] the value of property taken from the vehicle exceeded one thousand dollars ($1,000)] [or] [a combination of the damages caused to the vehicle as a result of these actions and the value of property taken from the vehicle exceeded one thousand dollars ($1,000)].

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).

This instruction should be given when the defendant is charged with the felony of driving a vehicle without the owner's consent.

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."