Instruction 5.660, Criminal Model Jury Instructions for Use in the District Court

USE OF VEHICLE WITHOUT AUTHORITY

The defendant is charged with knowingly using a motor vehicle

without authority. Section 24(2)(a) of chapter 90 of our General Laws

provides that “. . . whoever uses a motor vehicle without authority knowing

that such use is unauthorized. . .” shall be punished.

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

Commonwealth must prove three things beyond a reasonable doubt:

First: That the defendant used a motor vehicle;

Second: That at the time he (she) used that motor vehicle, he (she)

did so without the permission of the owner, or the permission of some

other person who possessed the legal right of control ordinarily exercised

by the owner; and

Third: That at the time he (she) used the motor vehicle, the defendant

knew that he (she) was not authorized to use that vehicle.

A person “uses” a motor vehicle within the meaning of the law if he

rides in it, either as the driver or as a passenger. It is not necessary that the

defendant personally drove or controlled the vehicle, only that he (she)

rode in it while it moved.

The Commonwealth may prove that the defendant was not authorized

to use the vehicle either by testimony from the owner or other person in

charge of the vehicle, or through inferences that you are reasonably able to

draw from all the circumstances.

Finally, the defendant must have known that his (her) use of the motor

vehicle was unauthorized. If it has been proved that the defendant was a

passenger in the vehicle, that fact alone does not establish that he (she)

knew that he (she) was not authorized to use it. You should consider all of

the circumstances, and any reasonable inferences which you can draw

from the evidence, in determining whether the defendant had actual

knowledge that his (her) use of the vehicle was unauthorized. If the

defendant did not know that his (her) use was unauthorized, you must find

him (her) not guilty.