Instruction 5.315, Criminal Model Jury Instructions for Use in the District Court

ENDANGERING A CHILD BY OPERATING A VEHICLE WHILE UNDER

THE INFLUENCE OF INTOXICATING LIQUOR1

(when OUI is also charged)

G.L. c. 90, § 24V

The defendant is charged with endangering a child while

operating a motor vehicle while under the influence of intoxicating

liquor.

In order to prove the defendant guilty of this offense, the

Commonwealth must prove the same three elements that I have

described to you on the charge of operating a motor vehicle while

under the influence of alcohol. It must also prove beyond a

reasonable doubt that while the defendant was operating the vehicle,

there was a child who was fourteen years of age or younger present

in the vehicle.

I instruct you that you cannot return a verdict of guilty on this

offense unless you first find the defendant guilty on the charge of

operating a motor vehicle while under the influence of alcohol.

1 If the Commonwealth intends to proceed both upon a charge of OUI-alcohol and OUI-drugs, the Court

should order that sobriety tests be referred to in both cases as roadside assessments.

If there are stipulations. Because the parties have stipulated

(that the defendant was operating a motor vehicle) (that the

location was a public way) (that the location was one to

which the public had a right of access) (that the defendant

was under the influence of intoxicating liquor) (that a child

fourteen years of age or younger was present in the

vehicle), the only element(s) the Commonwealth must

prove beyond a reasonable doubt is (are) elements). If the

Commonwealth has proved (that) (those) element(s)

beyond a reasonable doubt, you should return a verdict of

guilty. If it has not, you must find the defendant not guilty.

If there are no stipulations. There are four things that the Commonwealth

must prove beyond a reasonable doubt to obtain a conviction on this

charge:

First: That the defendant operated a motor vehicle;

Second: That the defendant did so (on a public way) (or) (in a

place where the public has a right of access) (or) (in a place where

members of the public have access as invitees or licensees); and

Third: That while the defendant was operating the vehicle, he

(she) was under the influence of intoxicating liquor, and

Fourth: That while the defendant was operating the vehicle,

there was a child present in the vehicle who was fourteen years of age

or younger.

If the Commonwealth has proven all four elements beyond a

reasonable doubt, you should return a verdict of guilty. If the

Commonwealth has failed to prove one or more of these elements

beyond a reasonable doubt, you must return a verdict of not guilty.